Property Exemptions

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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.