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Property Exemptions

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 Information by State
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In This Section
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Overview of the Lead Safe Housing Rule
 -   History of Lead-Based Paint Legislation
 -   Property Exemptions
 -   Record-Keeping and Compliance
 -   The Organization of the Statute and Regulation


The Lead Safe Housing Rule lists a number of possible exemptions at 24 CFR 35.115. Properties that are exempt from the rule include the following:

  • Residential structures built after January 1, 1978
  • Properties found not to have lead-based paint as a result of acceptable testing and evaluation methods
  • Properties where all lead-based paint has been removed using acceptable methods
  • Zero-bedroom units (including efficiencies, dormitories, rental of individual rooms)
  • Emergency actions or assistance (immediate action when a property has been damaged, for example, by a natural disaster or fire to safeguard again imminent danger to human life, health, safety or to protect against further structural damage.)
  • Emergency Rental Assistance
  • Housing specifically designated for the elderly or disabled (unless a child less than 6 years old lives or is expected to live in the unit)
  • Rehabilitation that does not disturb painted surfaces
  • Unoccupied units to be demolished, and
  • Non-residential property (common areas shared with covered residences are not exempt)

Consult 24 CFR 35.115 for more detail on these exemptions.

To assist in determining and documenting whether a property is exempt, use the Lead Requirement Screening Sheet. Complete this worksheet for all residential properties assisted with Federal funds and keep it in the project files.

 
Content current as of 18 June 2004   Follow this link to go  Back to top   
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