24 C.F.R. § 35.150
§ 35.150 Compliance with other State, tribal, and local laws. (24 CFR Part 35)
Operative Text
(a) HUD responsibility. If HUD determines that a State, tribal or local law, ordinance, code or regulation provides for evaluation or hazard reduction in a manner that provides a comparable level of protection from the hazards of lead-based paint poisoning to that provided by the requirements of subparts B, C, D, F through M and R of this part and that adherence to the requirements of subparts B, C, D, F through M, and R of this part, would be duplicative or otherwise cause inefficiencies, HUD may modify or waive some or all of the requirements of the subparts in a manner that will promote efficiency while ensuring a comparable level of protection. (b) Participant responsibility. Nothing in this part is intended to relieve any participant in a program covered by this subpart of any responsibility for compliance with State, tribal or local laws, ordinances, codes or regulations governing evaluation and hazard reduction. If a State, tribal or local law, ordinance, code or regulation defines lead-based paint differently than the Federal definition, the more protective definition (i.e., the lower level) shall be followed in that State, tribal or local jurisdiction.
Section 35.150 establishes a two-way relationship between federal lead-based paint rules and state, tribal, or local requirements. On the federal side, HUD has authority under § 35.150(a) to modify or waive portions of its own lead-based paint subparts when a jurisdiction's rules offer a comparable level of protection and following both sets of rules would create unnecessary duplication. On the participant side, § 35.150(b) makes clear that federal rules do not excuse anyone from also meeting applicable state, tribal, or local requirements—and where those jurisdictions define lead-based paint at a stricter (lower) threshold than the federal definition, the stricter definition controls.
Plain English — not legal advice.
Property owners and managers participating in HUD-covered programs should be aware that § 35.150(b) requires compliance with both federal lead-based paint standards and any applicable state, tribal, or local rules simultaneously. Compliant operators typically identify the lead-based paint definition used in each jurisdiction where they operate and apply whichever definition sets the lower, more protective threshold. They also monitor whether HUD has issued any modifications or waivers under § 35.150(a) that affect which federal subpart requirements apply in a given jurisdiction, since such modifications can change the specific evaluation and hazard-reduction steps required.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.150(b), tenants in HUD-covered housing benefit from whichever lead-based paint standard is more protective—federal or local—meaning a stricter state or local definition of lead-based paint applies if one exists in their jurisdiction. If a tenant believes a property owner is not meeting lead-based paint evaluation or hazard-reduction obligations under § 35.150, general enforcement paths include filing a complaint with the relevant local housing or health agency, contacting a HUD field office, or reaching out to a tenant-rights organization familiar with both federal and local lead-paint rules. Reviewing what state or local lead-paint ordinances apply alongside the federal requirements under § 35.150 can help tenants understand the full scope of protections 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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