24 C.F.R. § 35.165
§ 35.165 Prior evaluation or hazard reduction. (24 CFR Part 35)
Operative Text
If an evaluation or hazard reduction was conducted at a residential property or dwelling unit before the property or dwelling unit became subject to the requirements of subparts B, C, D, F through M, and R of this part, such an evaluation, hazard reduction or abatement meets the requirements of subparts B, C, D, F through M, and R of this part and need not be repeated under the following conditions: (a) Lead-based paint inspection. (1) A lead-based paint inspection conducted before March 1, 2000, meets the requirements of this part if: (i) At the time of the inspection the lead-based paint inspector was approved by a State or Indian tribe to perform lead-based paint inspections. It is not necessary that the State or tribal approval program had EPA authorization at the time of the inspection. (ii) Notwithstanding paragraph (a)(1)(i) of this section, the inspection was conducted and accepted as valid by a housing agency in fulfillment of the lead-based paint inspection requirement of the public and Indian housing program. (2) A lead-based paint inspection conducted on or after March 1, 2000, must have been conducted by a certified lead-based paint inspector. (b) Risk assessment. (1) A risk assessment must be no more than 12 months old to be considered current. (2) A risk assessment conducted before March 1, 2000, meets the requirements of this part if, at the time of the risk assessment, the risk assessor was approved by a state or Indian Tribe to perform risk assessments. It is not necessary that the state or tribal approval program had EPA authorization at the time of the risk assessment. (3) A risk assessment conducted on or after March 1, 2000, must have been conducted by a certified risk assessor. (4) Paragraph (b) of this section does not apply in a case where a risk assessment is required in response to the identification of a child with an elevated blood lead level. In such a case, the requirements in the applicable subpart for responding to a child with an elevated blood lead level shall apply. (c) Interim controls. If a residential property is under a program of interim controls and ongoing lead-based paint maintenance and reevaluation activities established pursuant to a risk assessment conducted in accordance with paragraph (b) of this section, the interim controls that have been conducted meet the requirements of this part if clearance was achieved after such controls were implemented. In such a case, the program of interim controls and ongoing activities shall be continued in accordance with the requirements of this part. (d) Abatement. (1) An abatement conducted before March 1, 2000, meets the requirements of this part if: (i) At the time of the abatement the abatement supervisor was approved by a State or Indian tribe to perform lead-based paint abatement. It is not necessary that the State or tribal approval program had EPA authorization at the time of the abatement. (ii) Notwithstanding paragraph (d)(1)(i) of this section, it was conducted and accepted by a housing agency in fulfillment of the lead-based paint abatement requirement of the public housing program or by an Indian housing authority (as formerly defined under the U.S. Housing Act of 1937) in fulfillment of the lead-based paint requirement of the Indian housing program formerly funded under the U.S. Housing Act of 1937. (2) An abatement conducted on or after March 1, 2000, must have been conducted under the supervision of a certified lead-based paint abatement supervisor.
Under 24 CFR Part 35 § 35.165, lead-based paint evaluations and hazard reduction work completed before a property became subject to federal lead-paint requirements can count toward compliance—provided they meet specific credentialing standards tied to when the work was done. Inspections and risk assessments performed before March 1, 2000 are valid if the professional held state or tribal approval at the time; work done on or after that date required a federally certified professional. Risk assessments older than 12 months are not considered current, and a prior assessment cannot substitute for a fresh one when a child with an elevated blood lead level has been identified.
Plain English — not legal advice.
Property owners and managers covered by 24 CFR Part 35 § 35.165 generally document the credentials of any inspector, risk assessor, or abatement supervisor who performed prior lead-related work, and verify whether that work predates or postdates March 1, 2000. Compliant operators confirm that risk assessments are no more than 12 months old before relying on them, and they maintain ongoing interim-control programs—including clearance records—when those programs were established under a qualifying risk assessment. When a child with an elevated blood lead level is identified, operators treat the applicable subpart's response requirements as controlling rather than relying on any prior assessment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in federally assisted housing covered by 24 CFR Part 35 § 35.165 have an interest in whether prior lead evaluations or hazard reduction work on their unit actually met the rule's credentialing and timing standards. If a landlord relies on older work to avoid new testing, tenants can ask to review documentation showing the inspector or abatement supervisor held the required approval or certification. Tenants who have concerns may contact their local HUD field office, a local rent board if applicable, or a tenant-rights organization for guidance on available options.
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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