[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR35.82]



[Page 317]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL 

STRUCTURES--Table of Contents

 

 Subpart A_Disclosure of Known Lead-Based Paint and/or Lead-Based Paint 

           Hazards Upon Sale or Lease of Residential Property

 

Sec.  35.82  Scope and applicability.



    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 Sec.  

35.88 and where no new information described in Sec.  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.