24 C.F.R. § 35.210
§ 35.210 Disposition of residential property constructed before 1960. (24 CFR Part 35)
Operative Text
(a) Evaluation. The Federal agency shall conduct a risk assessment and a lead-based paint inspection in accordance with 40 CFR 745.227 before the closing of the sale. (b) Abatement of lead-based paint hazards. The risk assessment used for the identification of hazards to be abated shall have been performed no more than 12 months before the beginning of the abatement. The Federal agency shall abate all identified lead-based paint hazards in accordance with 40 CFR 745.227. Abatement is completed when clearance is achieved in accordance with 40 CFR 745.227. Where abatement of lead-based paint hazards is not completed before the closing of the sale, the Federal agency shall be responsible for assuring that abatement is carried out by the purchaser before occupancy of the property as target housing and in accordance with 40 CFR 745.227.
Under 24 CFR Part 35 § 35.210, when a Federal agency sells a residential property built before 1960, it must complete both a risk assessment and a lead-based paint inspection before the sale closes. Any identified lead-based paint hazards must then be fully abated, with the risk assessment used to identify those hazards being no older than 12 months at the start of abatement work. If abatement is not finished before closing, the rule places responsibility on the Federal agency to ensure the purchasing party completes abatement before anyone moves into the property as a residence.
Plain English — not legal advice.
Federal agencies acting as sellers under 24 CFR Part 35 § 35.210 generally ensure that a compliant risk assessment and lead-based paint inspection are ordered and completed well ahead of any scheduled closing date. Operators tracking compliance typically confirm that the risk assessment driving abatement scope is dated within the 12-month window before abatement begins, and that clearance testing is passed before considering abatement complete. When abatement cannot be finished prior to closing, compliant sellers document and formalize the obligation for the purchaser to complete abatement before the property is occupied as housing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are considering occupying a pre-1960 property that was recently sold by a Federal agency, 24 CFR Part 35 § 35.210 establishes that lead-based paint hazards must be abated and clearance achieved before the property is used as a residence. Prospective occupants can ask to review documentation showing that a risk assessment, inspection, and clearance testing were completed in accordance with this provision. Those who believe these requirements were not met may contact HUD's Office of Lead Hazard Control and Healthy Homes, reach out to a local tenant-rights organization, or explore whether a violation of § 35.210 is relevant to any housing complaint process available to them.
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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