24 C.F.R. § 35.120
§ 35.120 Options. (24 CFR Part 35)
Operative Text
(a) Standard treatments. Where interim controls are required by this part, the designated party has the option to presume that lead-based paint or lead-based paint hazards or both are present throughout the residential property. In such a case, evaluation is not required. Standard treatments shall then be conducted in accordance with § 35.1335 on all applicable surfaces, including soil. Standard treatments are completed only when clearance is achieved in accordance with § 35.1340. (b) Abatement. Where abatement is required by this part, the designated party may presume that lead-based paint or lead-based paint hazards or both are present throughout the residential property. In such a case, evaluation is not required. Abatement shall then be conducted on all applicable surfaces, including soil, in accordance with § 35.1325, and completed when clearance is achieved in accordance with § 35.1340. This option is not available in public housing, where inspection is required. (c) Lead hazard screen. Where a risk assessment is required, the designated party may choose first to conduct a lead hazard screen in accordance with § 35.1320(b). If the results of the lead hazard screen indicate the need for a full risk assessment (e.g., if the environmental measurements exceed levels established for lead hazard screens in § 35.1320(b)(2)), a complete risk assessment shall be conducted. Environmental samples collected for the lead hazard screen may be used in the risk assessment. If the results of the lead hazard screen do not indicate the need for a follow-up risk assessment, a risk assessment is not required. (d) Paint testing. Where paint stabilization or interim controls of deteriorated paint surfaces are required by this rule, the designated party has the option to conduct paint testing of all surfaces with non-intact paint. If paint testing indicates the absence of lead-based paint on a specific surface, paint stabilization or interim controls are not required on that surface.
Under 24 CFR Part 35 § 35.120, when lead-related work is triggered at a residential property, the responsible party has several procedural options for how to approach evaluation and remediation. Rather than always conducting a full evaluation first, the rule permits the responsible party to presume lead-based paint or hazards are present and proceed directly to standard treatments or abatement on all applicable surfaces. A lighter-touch 'lead hazard screen' may also be used as a first step before a full risk assessment, and paint testing can be used to exempt specific surfaces from treatment requirements if lead-based paint is found to be absent. Each option has its own completion standard, generally requiring clearance testing as described in the referenced sections.
Plain English — not legal advice.
Under § 35.120, compliant operators generally understand which option—presumption-based standard treatments, presumption-based abatement, lead hazard screen, or paint testing—applies to their specific regulatory trigger and property type. Operators managing public housing should note that the presumption-based abatement option is not available there, as inspection is required. Documenting the chosen option, the work performed, and clearance results in accordance with §§ 35.1320–35.1340 is a hallmark of compliant practice under this part.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35.120 of 24 CFR Part 35 establishes that the party responsible for lead-safe housing must follow specific procedural pathways when lead-based paint work is required, and clearance testing must confirm the work is complete before the process is considered finished. Tenants who believe required lead hazard work has not been properly completed or documented may raise this as a concern with their local HUD office or applicable housing authority. Tenant-rights organizations can help residents understand which evaluation or treatment pathway should have applied to their home and what remedies may be available.
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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