24 C.F.R. § 35.215

§ 35.215 Disposition of residential property constructed after 1959 and before 1978. (24 CFR Part 35)

In Force
Verified 8/21/2026 · Next check 9/20/2026
effective 8/21/2026FederalAffordable Housing Programs

Operative Text

24 C.F.R. § 35.215
The Federal agency shall conduct a risk assessment and a lead-based paint inspection in accordance with 40 CFR 745.227. Evaluation shall be completed before closing of the sale according to a schedule determined by the Federal agency. The results of the risk assessment and lead-based paint inspection shall be made available to prospective purchasers as required in subpart A of this part.
Source: Legislative text reproduced verbatim
Plain English

Under 24 CFR Part 35 § 35.215, when a Federal agency disposes of residential property built after 1959 and before 1978, it must carry out both a risk assessment and a lead-based paint inspection following the procedures set out in 40 CFR 745.227. Both evaluations must be finished before the sale closes, on a timeline the Federal agency itself determines. The findings from those evaluations must then be shared with anyone considering purchasing the property, as outlined in subpart A of this part.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Federal agencies acting as sellers under § 35.215 generally complete the required risk assessment and lead-based paint inspection before closing and make the results available to prospective buyers in accordance with subpart A. Operators overseeing the disposition process typically establish an internal schedule early enough to ensure evaluations are finalized well ahead of the closing date. Maintaining clear documentation of when evaluations were ordered, completed, and disclosed is a common practice for demonstrating compliance with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Prospective purchasers of federally disposed pre-1978 residential properties have a right under § 35.215 to receive the results of both the risk assessment and the lead-based paint inspection before the sale closes. If those disclosures are not provided, buyers may have grounds to raise that omission in connection with the transaction, and can consult HUD's regional offices or a tenant- and housing-rights organization for information about available remedies. Reviewing the disclosures carefully and asking questions about any identified hazards is a general step that informed buyers in this situation often take.

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.

Effective Timeline

Current
Aug 21, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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