40 C.F.R. § 745.119
§ 745.119 Impact on State and local requirements. (40 CFR Part 745)
Operative Text
Nothing in this subpart shall relieve a seller, lessor, or agent from any responsibility for compliance with State or local laws, ordinances, codes, or regulations governing notice or disclosure of known lead-based paint or lead-based paint hazards. Neither HUD nor EPA assumes any responsibility for ensuring compliance with such State or local requirements.
Section 745.119 establishes that the federal lead-based paint disclosure rules in this subpart set a floor, not a ceiling, for notice and disclosure obligations. Sellers, lessors, and agents remain fully subject to any state or local laws, ordinances, codes, or regulations that address lead-based paint or lead-based paint hazard disclosures—even when federal requirements are also satisfied. Neither HUD nor EPA takes on any role in monitoring or enforcing those state and local obligations.
Plain English — not legal advice.
Under § 745.119, property owners and managers who comply with the federal lead-based paint disclosure framework should also identify and follow any applicable state or local disclosure requirements, which may be more detailed or expansive than the federal rules. Compliant operators typically research the specific lead-paint notice rules in every jurisdiction where they own or manage property, since HUD and EPA explicitly disclaim responsibility for state and local enforcement. Maintaining records of compliance with both federal and local requirements is a practice commonly associated with well-managed rental and sales operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 745.119 means that tenants may have disclosure rights beyond what federal law provides, depending on the state or locality where the property is located. If a landlord or seller failed to provide required lead-based paint notices, a tenant may have grounds to raise that failure under state or local law in addition to—or sometimes instead of—federal rules. Tenant-rights organizations, local rent boards, or state housing agencies can be useful starting points for understanding what additional protections may apply in a given area.
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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