24 C.F.R. § 35.815
§ 35.815 Evaluation. (24 CFR Part 35)
Operative Text
HUD shall conduct a risk assessment and a lead-based paint inspection in accordance with § 35.1320(a) and (b). For properties to which this subpart applies on September 15, 2000, the lead-based paint inspection and risk assessment shall be conducted no later than December 15, 2000, or before publicly advertising the property for sale, whichever is sooner. For properties to which this subpart becomes applicable after September 15, 2000, the lead-based paint inspection and risk assessment shall be conducted no later than 90 days after this subpart becomes applicable or before publicly advertising the property for sale, whichever is sooner.
Under 24 CFR Part 35 § 35.815, HUD is required to carry out both a risk assessment and a lead-based paint inspection on covered properties, following the procedures set out in § 35.1320(a) and (b). For properties that were already subject to this subpart as of September 15, 2000, these evaluations had to be completed by December 15, 2000, or before the property was publicly advertised for sale, whichever came first. For properties that became subject to the subpart after that date, the same evaluations must be completed within 90 days of the subpart becoming applicable, or before any public sale advertisement, whichever is the earlier deadline.
Plain English — not legal advice.
Because § 35.815 places the evaluation obligation directly on HUD rather than on private landlords, property owners dealing with HUD-owned or HUD-managed properties subject to this subpart should be aware that HUD is responsible for initiating and completing the required risk assessment and lead-based paint inspection. Compliant operators working alongside HUD on such properties generally ensure that no public advertising for sale is initiated until they have confirmed that HUD has fulfilled its evaluation obligations under this provision. Keeping documentation of when a property became subject to this subpart helps track whether the applicable 90-day or pre-advertisement deadline has been met under § 35.815.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.815, tenants and prospective occupants of properties covered by this subpart have an interest in knowing that HUD is obligated to complete a lead-based paint inspection and risk assessment before the property is publicly advertised for sale. If a tenant believes this evaluation was not conducted within the required timeframe, they may raise that concern with HUD directly, consult a local tenant-rights organization, or explore whether the omission is relevant to any housing complaint process. Reviewing the evaluation records associated with a covered property can help tenants understand what lead-based paint hazard information should have been gathered under § 35.815.
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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