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Understanding the Legal Definition of Expected to Reside [HUD]
Definition & meaning
The term expected to reside refers to situations where there is concrete knowledge that a child will live in a specific dwelling unit. This applies particularly to units designated for elderly residents or those exclusively for individuals with disabilities. Additionally, if a woman living in the unit is known to be pregnant, it is understood that a child will also reside there.
Table of content
Legal use & context
This term is primarily used in housing law, particularly in regulations concerning lead-based paint hazards. It is crucial in determining the responsibilities of landlords and property owners in protecting vulnerable populations, such as children and pregnant women, from exposure to lead. Users can manage related legal matters through forms and templates available on platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A landlord manages an apartment complex for seniors. If a tenant informs the landlord that she is pregnant, the landlord must take necessary precautions regarding lead-based paint, as a child is expected to reside there.
Example 2: A property designated for individuals with disabilities has a resident who is pregnant. The property owner must ensure compliance with lead safety regulations due to the anticipated presence of a child. (hypothetical example)
Relevant laws & statutes
The primary regulation concerning this term is found in the 24 CFR 35.110, which is part of the Lead-Based Paint Poisoning Prevention regulations. This law outlines the responsibilities of property owners regarding lead safety in residential units.
State-by-state differences
State
Notes
California
Specific regulations for lead safety in housing for families with children.
New York
Strict lead hazard reduction laws applicable to all residential units.
Texas
General guidelines for lead safety, with additional local regulations.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Child-occupied facility
A dwelling where a child under six resides or is expected to reside.
Focuses on facilities rather than individual units.
Lead hazard
Conditions that may expose individuals to lead.
Refers to the risks rather than the residency status.
Common misunderstandings
What to do if this term applies to you
If you are a landlord or property owner, ensure compliance with lead safety regulations if you know a child or pregnant woman will reside in your property. Consider using US Legal Forms to find appropriate legal templates for managing these obligations. If the situation is complex, consulting a legal professional may be necessary.
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