24 C.F.R. § 35.1115
§ 35.1115 Evaluation. (24 CFR Part 35)
Operative Text
(a) A lead-based paint inspection shall be conducted in all public housing unless a lead-based paint inspection that meets the conditions of § 35.165(a) has already been completed. If a lead-based paint inspection was conducted by a lead-based paint inspector who was not certified, the PHA shall review the quality of the inspection, in accordance with quality control procedures established by HUD, to determine whether the lead-based paint inspection has been properly performed and the results are reliable. Lead-based paint inspections of all housing to which this subpart applies shall be completed no later than September 15, 2000. Revisions or augmentations of prior inspections found to be of insufficient quality shall be completed no later than September 17, 2001. (b) If a lead-based paint inspection has found the presence of lead-based paint, or if no lead-based paint inspection has been conducted, the PHA shall conduct a risk assessment according to the following schedule, unless a risk assessment that meets the conditions of § 35.165(b) has already been completed: (1) Risk assessments shall be completed on or before March 15, 2001, in a multifamily residential property constructed before 1960. (2) Risk assessments shall be completed on or before March 15, 2002, in a multifamily residential property constructed after 1959 and before 1978. (c) A PHA that advertises a construction contract (including architecture/engineering contracts) for bid or award or plans to start force account work shall not execute such contract until a lead-based paint inspection and, if required, a risk assessment, has taken place and any necessary abatement is included in the modernization budget, except for contracts solely for emergency work in accordance with § 35.115(a)(9). (d) The five-year funding request plan for CIAP and CGP shall be amended to include the schedule and funding for lead-based paint activities.
Section 35.1115 establishes a framework under which public housing authorities (PHAs) must evaluate their properties for lead-based paint hazards through two sequential steps: a formal inspection and, where lead is found or no inspection has occurred, a risk assessment. The rule set specific completion deadlines for both activities, tied to the age of the housing stock, and required that any necessary abatement work be budgeted before construction or modernization contracts are executed. It also directs PHAs to incorporate lead-based paint activities into their five-year capital funding plans, ensuring that hazard evaluation is integrated into long-term planning rather than treated as a one-time event.
Plain English — not legal advice.
Public housing operators subject to § 35.1115 generally ensure that a qualifying lead-based paint inspection—conducted by a certified inspector or reviewed for quality if certification was lacking—is on file for every applicable property. Compliant operators also verify that risk assessments have been completed for pre-1978 multifamily buildings where lead was detected or where no prior inspection exists, and they confirm that abatement costs are reflected in modernization budgets before any construction contract is advertised or awarded under § 35.1115(c). Five-year capital funding plans (CIAP and CGP) are updated to reflect the schedule and funding for all lead-based paint activities required by this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of public housing have an interest in knowing that § 35.1115 requires their housing authority to have conducted lead-based paint inspections and, where warranted, risk assessments of their homes. If a tenant believes these evaluations were never performed or that hazards identified were not addressed prior to construction work, they may raise this concern with their local PHA, file a complaint with HUD, or contact a tenant-rights or fair-housing organization for guidance on available options. Records of inspections and risk assessments conducted under § 35.1115 may be requestable through the PHA or through applicable public-records processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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