24 C.F.R. § 35.160
§ 35.160 Waivers. (24 CFR Part 35)
Operative Text
In accordance with § 5.110 of this title, on a case-by-case basis and upon determination of good cause, HUD may, subject to statutory limitations, waive any provision of subparts B, C, D, F through M, and R of this part.
Section 35.160 establishes that HUD retains the authority to waive specific requirements found in designated subparts of 24 CFR Part 35, the federal lead-based paint regulations, on a case-by-case basis. Any such waiver is contingent on a finding of good cause and must remain within the boundaries set by applicable statutes. This means the lead-based paint rules are not entirely rigid—HUD can grant exceptions, but only under defined conditions and not as a blanket policy.
Plain English — not legal advice.
Under § 35.160, property owners and managers operating under HUD-covered programs should understand that the lead-based paint requirements in the relevant subparts of 24 CFR Part 35 are generally binding, but that HUD may grant a waiver in specific circumstances where good cause is demonstrated. Compliant operators typically document any waiver requests thoroughly, referencing the good-cause standard and the procedural framework of § 5.110. Awareness of this provision helps operators understand that exceptions exist but are not automatic or broadly available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35.160 means that while federal lead-based paint protections under 24 CFR Part 35 are generally enforceable, HUD has the authority to waive certain requirements in individual cases upon a finding of good cause. Tenants living in HUD-assisted or HUD-covered housing who believe required lead-based paint protections have not been followed may raise the applicability of any claimed waiver as a relevant issue. Tenant-rights organizations or a HUD field office can be useful resources for understanding whether a waiver under § 35.160 was properly granted in a given housing context.
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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