24 C.F.R. § 35.88
§ 35.88 Disclosure requirements for sellers and lessors. (24 CFR Part 35)
Operative Text
(a) The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to § 35.82. Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities. (1) The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA −747-K-94-001) or an equivalent pamphlet that has been approved for use in that State by EPA. (2) The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces. (3) The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces. (4) The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records and reports regarding common areas. This requirement also includes records and reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole. (b) If any of the disclosure activities identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.
Under 24 CFR Part 35 § 35.88, before a buyer or renter becomes legally bound by a contract for most pre-1978 housing ("target housing"), the seller or landlord must hand over an EPA-approved lead hazard information pamphlet, share all known information about lead-based paint or lead-based paint hazards on the property, and provide any existing records or reports related to those hazards. The rule does not require the seller or landlord to go out and test for or remediate lead — only to disclose what is already known. If these disclosures happen after a buyer or renter has already submitted an offer, the seller or landlord must complete them before accepting that offer and must give the other party a chance to review the information and potentially revise their offer.
Plain English — not legal advice.
Operators of target housing covered by 24 CFR Part 35 § 35.88 generally ensure that the EPA-approved lead hazard pamphlet, all known lead-based paint and hazard information, and any available records or reports are delivered to prospective buyers or tenants — and to any agents involved — before a contract is signed. Compliant operators also keep documentation showing that these disclosures were made, including details such as the location of known hazards and the condition of painted surfaces. When disclosures are made after an offer has been submitted, operators complete the full disclosure package before accepting the offer and allow adequate time for the other party to review and potentially revise their offer.
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 § 35.88, renters and buyers of most pre-1978 housing have the right to receive an EPA-approved lead hazard pamphlet, written disclosure of any known lead-based paint or hazards, and copies of any existing inspection or remediation records before they are bound by a lease or purchase contract. If those disclosures were not provided as required, that failure may be relevant to a complaint filed with the U.S. Department of Housing and Urban Development (HUD) or the EPA, or it may be raised as a legal issue in a dispute over the transaction. Tenant-rights organizations and HUD's regional offices can provide general information about how this provision applies and what enforcement options exist.
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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