24 C.F.R. § 35.98
§ 35.98 Impact on State and local requirements. (24 CFR Part 35)
Operative Text
Nothing in this subpart shall relieve a seller, lessor, or agent from any responsibility for compliance with State or local laws, ordinances, codes, or regulations governing notice or disclosure of known lead-based paint and/or lead-based paint hazards. Neither HUD nor EPA assumes any responsibility for ensuring compliance with such State or local requirements.
Section 35.98 clarifies that federal lead-based paint disclosure rules operate as a floor, not a ceiling — sellers, lessors, and agents remain fully subject to any state or local laws that require notice or disclosure of known lead-based paint or lead-based paint hazards. Compliance with federal requirements under 24 CFR Part 35 does not satisfy, waive, or substitute for any stricter or additional obligations imposed by state or local governments. Neither HUD nor EPA takes on any role in enforcing those state or local requirements.
Plain English — not legal advice.
Under § 35.98, property owners and managers who handle sales or rentals must look beyond federal Part 35 rules and identify any applicable state or local lead-based paint disclosure or notice obligations in the jurisdictions where their properties are located. A compliant operator typically researches city, county, and state codes independently, since HUD and EPA explicitly disclaim responsibility for monitoring compliance with those separate requirements. Keeping records of all disclosures made under both federal and applicable state or local rules is a common practice among operators seeking to demonstrate full compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35.98 means that tenants may have disclosure rights beyond what federal law provides, depending on the state or locality where the rental property is located. If a landlord or agent failed to provide notice required by a state or local lead-based paint ordinance or regulation, that potential violation exists separately from any federal claim and may be pursued through local housing agencies, a rent board if one exists in the jurisdiction, or a tenant-rights organization familiar with local law. Reviewing both federal and local requirements — or consulting a tenant-rights organization — can help clarify the full scope of disclosure protections that may apply.
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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