24 C.F.R. § 35.82
§ 35.82 Scope and applicability. (24 CFR Part 35)
Operative Text
This subpart applies to all transactions to sell or lease target housing, including subleases, with the exception of the following: (a) Sales of target housing at foreclosure. (b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federal certification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector certification program. The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding. (c) Short-term leases of 100 days or less, where no lease renewal or extension can occur. (d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 35.88 and where no new information described in § 35.88 has come into the possession of the lessor. For the purposes of this paragraph, renewal shall include both renegotiation of existing lease terms and/or ratification of a new lease.
Under 24 CFR Part 35 § 35.82, the federal lead-based paint disclosure rules apply broadly to sales and leases—including subleases—of 'target housing,' which generally means pre-1978 residential properties. However, the rule carves out four specific situations: foreclosure sales, properties certified lead-based paint free by a qualified inspector, short-term leases of 100 days or fewer with no renewal option, and lease renewals where the landlord has already made all required disclosures and has no new lead-based paint information to share. Outside these exceptions, the disclosure requirements of the subpart are in effect for covered transactions.
Plain English — not legal advice.
Operators of pre-1978 residential properties should be aware that 24 CFR Part 35 § 35.82 defines when lead-based paint disclosure obligations are triggered. A compliant operator generally confirms whether a transaction falls within one of the four enumerated exceptions—such as a short-term lease of 100 days or less with no renewal, or a prior certified lead-free finding—before treating a transaction as exempt. For lease renewals, compliant operators typically verify that all disclosures under § 35.88 were previously provided and that no new lead-based paint information has since come to light.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 35 § 35.82, tenants entering into leases or subleases of pre-1978 housing are generally entitled to lead-based paint disclosures unless a specific exception applies, such as a certified lead-free finding or a short-term lease of 100 days or less. If a tenant believes required disclosures were withheld without a valid exception, options may include raising the omission with a local housing authority, contacting HUD, or consulting a tenant-rights organization familiar with federal lead disclosure rules.
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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