24 C.F.R. § 35.630
§ 35.630 Conversions and major rehabilitations. (24 CFR Part 35)
Operative Text
The procedures and requirements of this section apply when a nonresidential property constructed before 1978 is to be converted to residential use, or a residential property constructed before 1978 is to undergo rehabilitation that is estimated to cost more than 50 percent of the estimated replacement cost after rehabilitation. (a) Lead-based paint inspection. Before issuance of a firm FHA commitment, the sponsor shall conduct a lead-based paint inspection in accordance with § 35.1320(a). (b) Abatement. Prior to occupancy, the sponsor shall conduct abatement of all lead-based paint on the property in accordance with § 35.1325. Whenever practicable, abatement shall be achieved through the methods of paint removal or component replacement. If paint removal or component replacement are not practicable, that is if such methods would damage substrate material considered architecturally significant, permanent encapsulation or enclosure may be used as methods of abatement. Abatement is considered complete when clearance is achieved in accordance with § 35.1340. If encapsulation or enclosure is used, the sponsor shall incorporate ongoing lead-based paint maintenance into regular building operations maintenance activities in accordance with § 35.1355. (c) Historic properties. Section 35.115(a)(13) applies to this section.
Under 24 CFR Part 35 § 35.630, two categories of older properties trigger heightened lead-based paint requirements: pre-1978 nonresidential buildings being converted to residential use, and pre-1978 residential properties undergoing rehabilitation estimated to cost more than half of the property's post-rehabilitation replacement value. In both cases, a full lead-based paint inspection must occur before a firm FHA commitment is issued, and all identified lead-based paint must be fully abated before anyone moves in. Abatement is generally expected to use paint removal or component replacement, though permanent encapsulation or enclosure is permitted when removal would damage architecturally significant materials — and if those methods are used, ongoing maintenance obligations attach to the property's regular operations.
Plain English — not legal advice.
Operators and sponsors working on conversions or major rehabilitations covered by 24 CFR Part 35 § 35.630 generally complete a certified lead-based paint inspection before seeking a firm FHA commitment, and they ensure full abatement is achieved — confirmed by a clearance examination — before any resident occupies the property. Compliant operators prioritize paint removal or component replacement as abatement methods, reserving encapsulation or enclosure for situations where removal would compromise architecturally significant substrate materials. When encapsulation or enclosure is used, operators typically integrate lead-based paint maintenance into the building's routine maintenance program as required by § 35.1355, and they remain aware that historic properties may be subject to additional considerations under § 35.115(a)(13).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Prospective residents of properties undergoing the conversions or major rehabilitations described in 24 CFR Part 35 § 35.630 have an interest in knowing that federal rules require full lead-based paint abatement and a clearance examination to be completed before occupancy is permitted. If a tenant has reason to believe abatement was not properly completed prior to move-in, that concern can generally be raised with the relevant HUD field office or a local housing authority, or explored with a tenant-rights organization familiar with federal lead paint regulations. Tenants in properties where encapsulation or enclosure was used as the abatement method may also want to understand what ongoing maintenance obligations the sponsor is required to carry out under § 35.630(b).
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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