24 C.F.R. § 35.170
§ 35.170 Noncompliance with the requirements of subparts B through R of this part. (24 CFR Part 35)
Operative Text
(a) Monitoring and enforcement. A designated party who fails to comply with any requirement of subparts B, C, D, F through M, and R of this part shall be subject to the sanctions available under the relevant Federal housing assistance or ownership program and may be subject to other penalties authorized by law. (b) A property owner who informs a potential purchaser or occupant of lead-based paint or possible lead-based paint hazards in a residential property or dwelling unit, in accordance with subpart A of this part, is not relieved of the requirements to evaluate and reduce lead-based paint hazards in accordance with subparts B through R of this part as applicable.
Under 24 CFR Part 35 § 35.170, any designated party—such as a property owner or program participant—who fails to meet the lead-based paint requirements set out in the relevant subparts of Part 35 can face sanctions tied to their specific federal housing assistance or ownership program, as well as other legally authorized penalties. Importantly, the rule also clarifies that disclosing the existence of lead-based paint or potential lead-based paint hazards to a buyer or occupant does not substitute for the obligation to evaluate and reduce those hazards. Disclosure and hazard reduction are treated as separate, independent duties under this framework.
Plain English — not legal advice.
Property owners and managers operating under federal housing programs should understand that § 35.170 holds designated parties accountable for meeting all applicable lead-based paint evaluation and reduction requirements in subparts B through R of Part 35—noncompliance can trigger program-specific sanctions and additional legal penalties. A compliant operator treats disclosure to prospective purchasers or occupants as a baseline step, not a substitute for conducting required hazard evaluations and remediation activities. Operators generally maintain documentation showing that both disclosure obligations and hazard-reduction requirements have been addressed as separate, distinct responsibilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.170, tenants and prospective occupants of federally assisted housing have an interest in knowing that a landlord's disclosure of lead-based paint does not release the property owner from the duty to evaluate and reduce lead-based paint hazards under Part 35. If a tenant believes a property owner has failed to meet these federal lead-based paint requirements, potential paths include filing a complaint with the relevant federal housing program office or contacting a local tenant-rights organization for guidance. Tenants may also find it useful to consult with a housing attorney to understand how noncompliance with § 35.170 could be raised in the context of their housing situation.
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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