24 C.F.R. § 35.610
§ 35.610 Exemption. (24 CFR Part 35)
Operative Text
An application for insurance in connection with a refinancing transaction where an appraisal is not required under the applicable procedures established by HUD is excluded from the coverage of this subpart.
Under 24 CFR Part 35 § 35.610, certain refinancing transactions are carved out from the lead-based paint requirements that would otherwise apply under this subpart. Specifically, when HUD's applicable procedures do not require an appraisal as part of the refinancing process, the insurance application connected to that transaction falls outside the subpart's coverage. This means the lead-based paint evaluation and disclosure obligations tied to this subpart do not attach to those particular refinancing scenarios.
Plain English — not legal advice.
Property owners or managers pursuing a refinancing transaction insured by HUD should be aware that, under § 35.610, the lead-based paint requirements of this subpart may not apply if HUD's procedures for that transaction type do not require an appraisal. Compliant operators generally confirm whether an appraisal is required under the specific HUD program procedures governing their refinancing before determining which lead-based paint obligations apply. Keeping documentation of the applicable HUD program guidelines and the transaction type helps demonstrate the basis for any claimed exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.610, tenants should understand that the lead-based paint protections established by this subpart may not apply to a property undergoing a refinancing transaction if that transaction is exempt from appraisal requirements under HUD's procedures. If you have concerns about whether lead-based paint disclosures or evaluations were properly handled in connection with your housing, tenant-rights organizations or a HUD regional office can help clarify which protections apply to your situation. Raising the applicability of this subpart's requirements — or the scope of the § 35.610 exemption — may also be relevant in administrative or legal proceedings concerning lead-based paint compliance.
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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