24 C.F.R. § 35.1125
§ 35.1125 Evaluation and hazard reduction before acquisition and development. (24 CFR Part 35)
Operative Text
(a) For each residential property constructed before 1978 and proposed to be acquired for a family project (whether or not it will need rehabilitation) a lead-based paint inspection and risk assessment for lead-based paint hazards shall be conducted in accordance with § 35.1320. (b) If lead-based paint is found in a residential property to be acquired, the cost of evaluation and abatement shall be considered when making the cost comparison to justify new construction, as well as when meeting maximum total development cost limitations. (c) If lead-based paint is found, compliance with this subpart is required, and abatement of lead-based paint and lead-based paint hazards shall be completed in accordance with § 35.1325 before occupancy.
Under 24 CFR Part 35 § 35.1125, any residential property built before 1978 that is being considered for acquisition as a family project must undergo both a lead-based paint inspection and a risk assessment before the acquisition moves forward. If lead-based paint is discovered, the costs of evaluating and abating it must be factored into financial comparisons used to justify new construction and into any applicable development cost caps. Critically, if lead-based paint or related hazards are identified, full abatement must be completed in compliance with the subpart's requirements before anyone is permitted to occupy the property.
Plain English — not legal advice.
Operators and developers working with pre-1978 residential properties targeted for family-project acquisition should be aware that § 35.1125 requires lead-based paint inspections and risk assessments to be completed before acquisition is finalized. Compliant operators typically incorporate evaluation and abatement cost estimates into their pro forma analyses and development cost calculations from the earliest stages of project planning. When lead-based paint or hazards are found, compliant operators ensure that full abatement meeting the standards referenced in § 35.1325 is carried out and documented before any resident moves into the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.1125, families moving into housing acquired through covered federal programs have a regulatory interest in knowing that pre-1978 properties should have been inspected and assessed for lead-based paint hazards before acquisition, and that any identified hazards must be abated before occupancy. If a tenant has reason to believe these steps were not completed, they may raise a potential violation with the relevant HUD program office or local public housing authority. Tenant-rights organizations and HUD's regional offices can help residents understand what documentation they are entitled to request and what general enforcement paths exist under this provision.
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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