The story of this market
The typical home in Arizona sells for about $459,900, or $260 per square foot.
Prices are down 3.97% from a year ago, which gives buyers more room to negotiate. Homes take about 100 days to sell, which is slow. Last year 762 of 1303 neighborhoods saw prices rise, so the story isn't the same street to street. HUD's fair market rent for a two-bedroom is $1,244 a month.
HUD sets the fair market rent for a 2-bedroom at $1,244 a month.
Monthly price momentum
Home values since 2015
+0.5%
AZ · past 12 months
Freddie Mac House Price Index, single-family homes, monthly through 2026-08. Each line starts at 100 in January 2015, so a reading of 180 means prices are up 80% since then.
Rent benchmark
Fair market rent by size
$1,684
3-bed / month
HUD Fair Market Rents, fiscal 2027, median across 15 counties. A typical rent for a modest unit, used to set housing-voucher payments.
Natural hazard exposure
Most exposed counties
64.1
median county score
- 1Gila County87.3
- 2Santa Cruz County85.6
- 3Cochise County76.9
- 4La Paz County75.8
- 5Coconino County73.4
- 6Graham County73.2
FEMA National Risk Index, averaged across each county's census tracts. 100 is the most exposed in the nation.
Mortgage activity
Home lending in this state
82.3%
2019 approval rate
| Year | Applications | Loans made | Approval | Investor share | Median home value |
|---|---|---|---|---|---|
| 2018 | 439966 | 218304 | 78.2% | 5.3% | $235,000 |
| 2019 | 557868▲ | 295449▲ | 82.3%▲ | 5.1% | $255,000▲ |
CFPB Home Mortgage Disclosure Act records: every mortgage application reported by lenders for homes in this state. Approval rate is approved ÷ decided (withdrawn and incomplete files excluded). Investor share and home value are the median census tract.
Arizona
The Arizona housing market is currently experiencing a period of price stabilization with a slight year-over-year decline in median listing prices. Inventory levels remain elevated compared to previous years, contributing to a more balanced market environment for buyers. High interest rates and economic uncertainty continue to influence overall sales volume and market activity.
Key-figure check: median price corroborated by the published ten-year series (2025) (within 12.5%).
Median prices moved down 1.3% year over year.
Homes spend a median of 79 days on market with 0.0 months of supply — a fast-moving market.
0% of listings have cut prices · homes sell at 0.85% of asking — demand is holding steady.
unemployment 4.1% · poverty 12.8% — a stable, low-distress profile.
Owned and leased federal assets with active or excess status, per the General Services Administration's Real Estate Across the United States inventory (read 2026-09-25). A federal footprint read on this state — not a market valuation, and never an attribute of any individual property or tenant.
Deterministic aggregate of 15 researched counties — sales_count-weighted (population fallback); per point, children lacking the value or its weight are excluded. Tax rates, sentiment and context notes are tier-native and never roll.
Arizona — researched statewide history with a deterministic 1 / 3 / 5-year projection
Solid: researched ten-year history · dotted: 1 / 3 / 5-year projection extended from the historical 7.7%/yr trend — a deterministic estimate, not a published forecast or guarantee.
highest heat scores
lowest heat scores
Theme parks, venues, golf, airports, museums, water and shopping across the area from Google Maps, ranked by popularity within the radius shown.
The amenity base that shapes daily life and property demand in this state — what residents actually live with, and what the pipeline is adding.
A world-renowned natural wonder that serves as a primary driver for state tourism and outdoor recreation.
Home to the Arizona Cardinals and a major host site for national sporting events and concerts.
Internationally recognized for its collection of American Indian art and cultural history.
Crime rates in Arizona vary significantly by municipality, with urban centers like Phoenix and Tucson experiencing higher rates of property and violent crime compared to rural areas. Statewide trends generally mirror national fluctuations, though specific metropolitan areas have seen targeted efforts to address public safety concerns.
Arizona's public school system is characterized by a diverse range of district performance, with many suburban districts in the Phoenix metro area receiving high marks for academic achievement. The state also maintains a robust charter school sector, providing families with significant educational choice.
Arizona faces significant climate-related risks, primarily extreme heat, drought, and wildfire potential in forested regions. Insurance markets have responded to these environmental pressures with rising premiums and stricter underwriting standards for properties in high-risk zones.
Arizona's economy is bolstered by a strong semiconductor manufacturing sector, aerospace, and a growing technology corridor. Major infrastructure projects, including highway expansions and water management initiatives, continue to support rapid development across the state.
Composed from the ARED governance burden registry — tier-native tax structure (state + county + city + special districts), never averaged. State (Arizona) — Senior Property Valuation Protection Option (Senior Freeze): Provides a 'freeze' on the valuation of the property for tax purposes, limiting the growth of the property tax burden for eligible seniors. State (Arizona) — Arizona Property Tax Assessment: The tax is calculated by applying an assessment ratio to the property's Limited Property Value (LPV). For primary residential property (Class 3), the assessment ratio is 10%. State (Arizona) — Arizona Property Tax Assessment: Property tax is calculated using the formula: (Full Cash Value or Limited Property Value) x Assessment Ratio = Net Assessed Value. The Net Assessed Value is then multiplied by the local tax rate. For primary residential property (Class 3), the assessment ratio is 10%. State (Arizona) — Delinquent Property Tax Lien Sale and 3-Year Redemption Foreclosure: The county treasurer sells a tax lien certificate via public auction to the investor bidding the lowest annual rate of interest (ranging from 16% down to 0% per annum under A.R.S. § 42-18114). State (Arizona) — Statutory Residential Homestead Exemption: Exempts up to $400,000 of equity in an owner-occupied primary dwelling from attachment, execution, and forced sale arising from unsecured civil judgment liens.
Arizona's economy is driven by a mix of manufacturing, tourism, and professional services, with significant momentum in the technology and semiconductor sectors. The state continues to see strong corporate interest due to its business-friendly environment and growing workforce.
The state relies heavily on a network of interstate highways, with major transit investments focused on light rail expansion in the Phoenix metropolitan area. Infrastructure planning is increasingly focused on managing growth and improving connectivity between major urban hubs.
The property insurance market in Arizona is experiencing upward pressure on premiums due to increased wildfire risk and climate-related hazards. Insurers are increasingly selective, leading to higher costs for homeowners in vulnerable areas.
Arizona continues to experience positive net domestic migration, driven by individuals relocating from higher-cost coastal states for affordability and lifestyle benefits.
Arizona is primarily a non-judicial foreclosure state, allowing for a streamlined process that typically involves a trustee sale after a notice period.
Arizona law requires sellers to provide a Residential Seller's Property Disclosure Statement (SPDS), which mandates the disclosure of known material defects to the buyer.
Data retrieved from data.census.gov; figures represent state-level aggregates.
The Arizona housing market is currently experiencing a period of price stabilization with a slight year-over-year decline in median listing prices. Inventory levels remain elevated compared to previous years, contributing to a more balanced market environment for buyers. High interest rates and economic uncertainty continue to influence overall sales volume and market activity.
Key-figure check: median price corroborated by the published ten-year series (2025) (within 12.5%).
applies when — Applies to parcels located within a planned community or condominium association.
Parcels are subject to regulations regarding assessment increases, penalties, architectural review, and resale disclosure requirements as defined by the Arizona Condominium Act and Planned Communities statutes.
Regulated under the Arizona Condominium Act and Planned Communities statutes (enacted 1994).
applies when — Applies to primary residences owned by individuals meeting specific age, income, and residency requirements.
Provides a 'freeze' on the valuation of the property for tax purposes, limiting the growth of the property tax burden for eligible seniors.
Administered by the Arizona Department of Revenue.
The tax is calculated by applying an assessment ratio to the property's Limited Property Value (LPV). For primary residential property (Class 3), the assessment ratio is 10%. The formula is: (Limited Property Value) x (Assessment Ratio) = Net Assessed Value; then (Net Assessed Value) x (Local Tax Rate) = Total Tax Liability.
Governed by A.R.S. 42-12001 et seq. and A.R.S. 42-12010.
applies when — Applies to residential property secured by a deed of trust containing a power of sale clause.
Allows for nonjudicial foreclosure without court intervention. Requires recording a Notice of Sale and mailing it to the trustor. Includes a right to reinstate the loan prior to the sale and specific statutory timelines, such as a 91-day period for scheduling the sale post-recording.
Governed by Arizona statutes regarding deeds of trust and power of sale.
applies when — Applies to residential property secured by a deed of trust containing a power of sale clause
Allows for non-judicial foreclosure without court intervention. Requires recording a notice of sale and providing notice to the trustor. Includes a right to reinstate the loan prior to the sale.
Governed by Arizona statutes regarding deeds of trust and power of sale.
applies when — Applies to parcels located within a planned community or condominium association
Imposes regulations on property use, architectural design, assessment obligations, and resale disclosure requirements as defined by the Arizona Condominium Act and Planned Communities statutes.
Regulated under the Arizona Condominium Act and Planned Communities statutes (enacted 1994).
Property tax is calculated using the formula: (Full Cash Value or Limited Property Value) x Assessment Ratio = Net Assessed Value. The Net Assessed Value is then multiplied by the local tax rate. For primary residential property (Class 3), the assessment ratio is 10%.
Governed by A.R.S. 42-12001 et seq. and A.R.S. 42-12010.
≈ $45,990/yr on a $459,900 median
applies when — Applies to parcels subject to recorded covenants, conditions, and restrictions (CC&Rs) administered by a planned community association under the Arizona Planned Communities Act.
The association holds an automatic statutory lien against the parcel from the date an assessment becomes due (A.R.S. § 33-1807). Delinquent regular assessments may be foreclosed non-judicially or judicially if the balance is at least $1,200 or 12 months delinquent. Late charges are statutorily capped at the greater of $15.00 or 10% of the unpaid assessment installment (A.R.S. § 33-1803). State law overrides conflicting CC&Rs to preserve specific homeowner parcel rights: associations cannot prohibit solar energy devices (A.R.S. § 33-1816), deployment of the American flag or first responder flags (A.R.S. § 33-1808), political signage within specified pre-election windows, or parking of public safety emergency vehicles on driveways.
Arizona Planned Communities Act, A.R.S. §§ 33-1801 et seq.; condominium parcels parallel these protections under the Arizona Condominium Act, A.R.S. §§ 33-1201 et seq.
applies when — Applies to parcels situated within the territory in the vicinity of a military airport or ancillary military facility as delineated by official Arizona Department of Transportation (ADOT) boundary maps.
Mandates explicit statutory notice on parcel sales regarding high-noise levels (sound decibel contours exceeding 65 Ldn) and accident potential zones (clear zones and APZ I/II). In addition to seller disclosure mandates, statutory land-use compatibility controls restrict local zoning from permitting high-density residential developments or noise-sensitive construction that would interfere with military flight paths, and recorded covenants may require enhanced acoustic insulation standards.
A.R.S. §§ 28-8481 through 28-8486, originally established under Laws 2001, Ch. 343.
applies when — Applies to parcels situated within Active Management Areas (AMAs) designated by the Arizona Department of Water Resources (ADWR) — Phoenix, Pinal, Tucson, Prescott, and Santa Cruz AMAs.
Prohibits recorded subdivision platting, issuance of residential public reports, and initial construction permitting unless the developer or municipal provider demonstrates a 100-Year Certificate of Assured Water Supply (CAWS) or a Designated Assured Water Supply (DAWS). If physical groundwater supplies are uncommitted or over-allocated, parcels cannot obtain residential subdivision approvals unless enrolled in the Central Arizona Groundwater Replenishment District (CAGRD) to pay annual replenishment taxes and assessments per acre-foot of pumped groundwater, significantly impacting development capacity and parcel carry costs.
Arizona Groundwater Management Act of 1980; A.R.S. §§ 45-401 through 45-704; ADWR Assured and Adequate Water Supply Rules (A.A.C. R12-15-701 et seq.).
Requires state and local governments to provide just compensation to parcel owners if the enactment or enforcement of any land-use law or zoning regulation reduces the existing fair market value of the parcel. Conversely, imposes strict municipal requirements for development agreements, waivers, and rezonings: local governments commonly condition discretionary rezoning, variances, or parcel permits upon the property owner executing a statutory 'Prop 207 Waiver', which waives parcel-level diminished value claims against future local zoning enforcements.
A.R.S. §§ 12-1131 through 12-1138, codified via voter approval of Proposition 207 in 2006.
applies when — Applies to any real property parcel with delinquent county ad valorem property taxes remaining unpaid after statutory delinquency deadlines (November 1 and May 1).
The county treasurer sells a tax lien certificate via public auction to the investor bidding the lowest annual rate of interest (ranging from 16% down to 0% per annum under A.R.S. § 42-18114). The tax lien constitutes a first and prior lien on the parcel, senior to all mortgages and deeds of trust. The property owner retains a statutory 3-year right of redemption running from the date of the auction sale. To redeem, the parcel owner must pay all delinquent principal taxes, accrued interest at the auction-determined rate, and statutory administrative fees. If unredeemed after 3 years, the certificate holder may institute a superior court judicial action to foreclose the right of redemption and receive a fee simple Treasurer's Deed.
A.R.S. §§ 42-18101 through 42-18208.
applies when — Applies to any residential parcel encumbered by a recorded Deed of Trust containing a power-of-sale clause upon uncured borrower default.
Authorizes non-judicial foreclosure via Trustee's Sale without judicial supervision. The trustee must record a Notice of Trustee's Sale in the county recorder's office and serve the trustor by certified mail within 30 days. The sale cannot occur until at least 91 calendar days after the recording date. The trustor holds a statutory right of reinstatement by paying delinquent principal, interest, late charges, and allowable trustee costs up to 5:00 PM MST on the last business day prior to sale. Non-judicial sales extinguish all post-sale statutory redemption rights (there is zero post-sale redemption period).
A.R.S. §§ 33-801 through 33-821; governs power-of-sale mechanics statewide in lieu of judicial foreclosure under A.R.S. §§ 12-1561 et seq.
Imposes primary and secondary ad valorem taxes based on Limited Property Value (LPV). Formula: Net Assessed Value (NAV) = LPV × Assessment Ratio (10.0% for Class 3 owner-occupied under A.R.S. § 42-12003 and Class 4 residential rental under A.R.S. § 42-12004). Annual tax liability = (NAV / 100) × Aggregate Local Tax Rate. LPV annual statutory growth is capped at 5% over the previous year's LPV or Full Cash Value (FCV), whichever is lower (Rule A, A.R.S. § 42-13301 / Prop 117). Qualified Class 3 parcels receive the Additional State Aid for Education tax credit (rebatable primary school tax reduction up to statutory caps per A.R.S. § 15-972).
A.R.S. Title 42, Chapters 11–17; assessment ratio unified at 10% pursuant to Ariz. Sess. Laws; Proposition 117 effective tax year 2015 established LPV as universal base for both primary and secondary levies.
≈ $45,990/yr on a $459,900 median
applies when — Parcels of two and one-half acres or less utilized and intended as a single one-family or single two-family dwelling securing a purchase-money or qualifying deed of trust/mortgage.
Bars lenders from seeking or obtaining a post-foreclosure deficiency judgment against the trustor/mortgagor if the proceeds of the trustee's sale or judicial foreclosure are insufficient to satisfy the outstanding mortgage debt balance. The security interest is limited exclusively to the real property itself, extinguishing personal borrower liability for outstanding note balances post-sale.
A.R.S. § 33-814(G) for non-judicial trustee's sales and A.R.S. § 33-729(A) for judicial purchase-money foreclosures.
Mandates that transferors disclose all known, material, latent defects and conditions affecting parcel value, habitability, or desirability that are not readily observable to a prudent buyer. Enforced through the state-standard Residential Seller's Property Disclosure Statement (SPDS) framework under Arizona real estate common law (Hill v. Jones), complemented by A.R.S. § 32-2156 which limits stigmatized-property liability (e.g., non-disclosure of deaths, felonies, or HIV/AIDS status cannot give rise to civil actions). Failure to disclose material latent conditions creates direct causes of action for fraudulent concealment, negligent misrepresentation, or contractual rescission.
Established in Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986); integrated with statutory broker and principal disclosure constraints under A.R.S. Title 32, Chapter 20.
applies when — Applies to parcels situated within mapped earth fissure study areas designated by the Arizona Geological Survey (AZGS), primarily within alluvial basins experiencing groundwater subsidence.
State law mandates that the Arizona State Land Department and Arizona Department of Real Estate (ADRE) maintain maps of earth fissures and disclose their proximity. Sellers must disclose known fissures intersecting or adjacent to the parcel. Fissures severely constrain structural engineering, destabilize residential foundations, create drainage capture hazards, and complicate title insurability and private septic permitting under county flood and drainage regulations.
A.R.S. § 27-152.01 (AZGS mapping duties) and A.R.S. § 32-2117 (public dissemination of maps by ADRE).
applies when — Applies to residential parcels situated in unincorporated county territory that are not part of an approved platted subdivision of five or more parcels.
Requires a seller of 5 or fewer parcels of unsubdivided land to execute, record, and provide a statutory 'Affidavit of Disclosure' to the purchaser at least 7 days before closing. The affidavit legally discloses parcel-binding facts: legal and physical access, public road maintenance responsibilities, availability of public sewer versus septic/on-site wastewater treatment facilities, legal water availability or haul-water conditions, presence of FEMA Special Flood Hazard Areas, fissures, and surrounding utility or agricultural easements. The buyer retains a non-waivable statutory right to rescind the purchase within 5 days of receipt.
A.R.S. § 33-422, enacted to protect rural/peri-urban parcel buyers from infrastructure deficits and access isolation.
applies when — Applies to an individual or married couple residing in Arizona who holds ownership and occupies a dwelling or mobile home as a primary residence.
Exempts up to $400,000 of equity in an owner-occupied primary dwelling from attachment, execution, and forced sale arising from unsecured civil judgment liens. The exemption attaches automatically by operation of law without requiring a recorded declaration. Per A.R.S. § 33-964(B), recorded money judgments create a subordinate statutory lien on the homestead parcel, but execution is barred unless parcel equity exceeds $400,000 above senior consensual liens (mortgages/deeds of trust). Does not shield against ad valorem property taxes, mechanics liens, or consensual purchase/refinance deeds of trust.
A.R.S. §§ 33-1101 et seq., amended by Laws 2021, Ch. 368 (HB 2617), raising the exemption limit from $150,000 to $400,000 effective January 1, 2022.
applies when — The residential property was built prior to 1978.
Sellers and lessors must provide purchasers and lessees with a lead hazard information pamphlet and disclose any known lead-based paint or hazards before becoming obligated under a contract.
Enforced by the EPA and HUD under the Residential Lead-Based Paint Hazard Reduction Act of 1992.
applies when — The parcel is located within a designated Special Flood Hazard Area (SFHA) and the owner receives a mortgage backed by a federally regulated lender or government entity (GSE, FHA, VA, USDA).
Requires the property owner to maintain flood insurance coverage for the duration of the mortgage loan to protect the collateral.
Governed by the Flood Disaster Protection Act of 1973 (FDPA) and the National Flood Insurance Act of 1968.
applies when — The parcel is located within a Special Flood Hazard Area (SFHA) as identified by FEMA Flood Insurance Rate Maps and the loan is secured by a federally regulated or backed lending institution.
Requires the property owner to maintain flood insurance coverage for the duration of the loan. Failure to maintain coverage allows the lender to force-place insurance at the borrower's expense.
Governed by the Flood Disaster Protection Act of 1973 (FDPA) and the National Flood Insurance Act of 1968.
applies when — Parcel contains a historic property listed on, or eligible for listing on, the National Register of Historic Places, subject to an undertaking involving federal permits, licenses, funding, or loan guarantees (e.g., HUD, USDA, or USACE approvals).
Mandates federal agencies to evaluate the effect of the proposed residential undertaking on historic properties and consult with State Historic Preservation Officers (SHPO) and Tribal Historic Preservation Officers (THPO). Restricts structural alterations, ground disturbance, demolition, or aesthetic elevations that cause adverse effects, often requiring formal Memoranda of Agreement (MOA) and mitigation measures.
National Historic Preservation Act of 1966, recodified at 54 U.S.C. § 306108; implementing regulations at 36 CFR Part 800.
applies when — Parcel securing a residential loan guaranteed under the Department of Veterans Affairs (VA) Home Loan program.
Imposes mandatory VA Minimum Property Requirements (MPRs) ensuring the residential dwelling is safe, structurally sound, and sanitary. Mandates specific parcel covenants, including permanent year-round vehicular access, dedicated continuous utilities, separation from environmental/industrial hazards (such as high-voltage lines or pipeline easements), and certified termite/wood-destroying insect clearance in designated infestation zones.
Servicemen's Readjustment Act of 1944; 38 U.S.C. Chapter 37; 38 CFR Part 36; VA Pamphlet 26-7 (Lenders Handbook), Chapter 12.
applies when — Parcel where the federal government (EPA) has incurred response costs for cleanup or remediation of hazardous substance releases, and the parcel owner was provided written notice of potential liability.
Establishes a statutory federal lien upon the parcel running in favor of the United States for all unrecovered cleanup costs, damages, and statutory interest incurred by the EPA. Rate and formula: Direct Dollar-for-Dollar Reimbursement (Lien Amount = Incurred Response Costs + Administrative Costs + Statutory Interest under 42 U.S.C. § 9607(a)). Exemptions: Bona Fide Prospective Purchasers (BFPP) and Innocent Landowners under the Small Business Liability Relief and Brownfields Revitalization Act are exempt from personal liability if they perform All Appropriate Inquiries (AAI Phase I ESA) prior to purchase and comply with ongoing continuing obligations, though a 'windfall lien' may still attach to the parcel up to the unearned increase in fair market value attributable to the response action.
CERCLA of 1980, Section 107(l) (42 U.S.C. § 9607(l)) and Section 107(r) (Windfall Liens), as amended by SARA (1986) and the Brownfields Revitalization Act of 2002.
applies when — Parcel securing a residential purchase or refinance financed through an FHA-insured Title II mortgage.
Binds the parcel to HUD's Minimum Property Standards (MPS) covering basic safety, soundness, and security (e.g., structural integrity, adequate heating, safe potable water, clear drainage, lead-free surfaces). Imposes parcel-level statutory loan limits capping the insurable mortgage amount by county/MSA (ranging from the national 'floor' to the national 'ceiling' based on median county home prices). Non-compliant property deficiencies must be cured as a condition precedent to endorsement.
National Housing Act of 1934; 12 U.S.C. § 1709; 24 CFR Part 200, Subpart S; HUD Handbook 4000.1 (Single Family Housing Policy Handbook), adjusted annually by HUD Mortgagee Letters.
applies when — Parcel encumbered by a mortgage or occupied by a residential tenant where the mortgagor or lessee entered active-duty military service.
Stays non-judicial foreclosure proceedings, property seizure, and eviction for parcels owned or leased by qualifying servicemembers. Foreclosure or distress sales initiated during military service or within one year after service are strictly invalid and void unless conducted pursuant to a valid court order or an express written waiver executed during or after military service.
Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189; 50 U.S.C. § 3953 and 50 U.S.C. § 3955), originally enacted as the Soldiers' and Sailors' Civil Relief Act of 1940; amended by the Military Spouses Residency Relief Act.
applies when — Parcel contains designated critical habitat or supports listed threatened or endangered animal species under the Endangered Species Act.
Makes it unlawful to 'take' listed species (including significant habitat modification or degradation that impairs breeding, feeding, or sheltering). Precludes parcel clearing, tree removal, earthmoving, or construction unless the property owner prepares an approved Habitat Conservation Plan (HCP) and secures an Incidental Take Permit under Section 10(a) or receives Section 7 interagency consultation clearance.
Endangered Species Act of 1973, 16 U.S.C. §§ 1538-1539; 50 CFR Parts 17 and 222.
applies when — Parcel contains delineated 'waters of the United States' (WOTUS), including jurisdictional wetlands, streams, or navigable waterways.
Prohibits the discharge of dredged or fill material into jurisdictional waters on the parcel without an individual or nationwide permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, bulkheading, retention pond construction, or development footprints, and may require expensive compensatory mitigation or off-site wetland credits to disturb designated acreage.
Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act), 33 U.S.C. § 1344; joint regulations at 33 CFR Parts 320-332 and 40 CFR Part 230.
applies when — Residential 'target housing' constructed prior to 1978 offered for sale or lease (excluding zero-bedroom dwellings, housing for the elderly or persons with disabilities unless a child under 6 resides there, and certified lead-free properties).
Requires sellers and landlords to disclose known lead-based paint and lead-based paint hazards, provide all available evaluation reports/records, provide the EPA-approved informational pamphlet 'Protect Your Family From Lead in Your Home', and grant prospective buyers a 10-day inspection period (subject to mutual written waiver). Parties must execute a formal disclosure attachment; failure exposes non-compliant parties to statutory civil penalties and treble damages.
Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of Pub. L. 102-550; 42 U.S.C. § 4852d); joint HUD/EPA regulations at 24 CFR Part 35, Subpart A and 40 CFR Part 745, Subpart F.
applies when — Disposition of a United States Real Property Interest (USRPI) where the transferor (seller) is a foreign person (non-resident alien individual, foreign corporation, foreign partnership, trust, or estate).
Imposes an affirmative withholding tax obligation on the transferee (buyer) to withhold and remit tax on the gross amount realized (gross sales price). The statutory base withholding rate is 15% of the total purchase price (Formula: Tax = Amount Realized × 15%). Exemptions and reductions: (1) 0% withholding applies if the amount realized is $300,000 or less AND the buyer certifies personal residence occupancy for at least 50% of days used over each of the first two 12-month periods; (2) reduced withholding rate of 10% applies if the amount realized exceeds $300,000 but does not exceed $1,000,000 and the buyer meets the personal residence requirement (Formula: Tax = Amount Realized × 10%); (3) withholding can be reduced or eliminated if an IRS Withholding Certificate (Form 8288-B) is obtained or if the seller furnishes a Non-Foreign Status Certification.
Internal Revenue Code Section 1445 (26 U.S.C. § 1445), originally enacted under FIRPTA of 1980; standard rate increased from 10% to 15% under the Protecting Americans from Tax Hikes (PATH) Act of 2015, effective February 16, 2016.
applies when — The parcel is improved with target residential housing built before 1978 undergoing renovation, repair, or painting activities for compensation that disturb more than 6 sq. ft. of interior painted surface or 20 sq. ft. of exterior painted surface.
Legally prohibits uncertified contractors from performing qualifying physical alterations on the home. Contractors must be EPA-certified and adhere to specific lead-safe containment, containment plastic barriers, HEPA vacuuming, and cleaning verification protocols. Imposes strict recordkeeping burdens and exposes property alterations to federal administrative stop-work orders and civil fines for uncontained lead dust contamination.
Promulgated under TSCA § 402(c)(3) (15 U.S.C. 2682); codified at 40 CFR Part 745, Subpart E; fully effective April 22, 2010.
applies when — The parcel contains covered multifamily residential dwellings designed and constructed for first occupancy after March 13, 1991 (defined as all dwelling units in buildings with 4 or more units with an elevator, or ground floor dwelling units in buildings with 4 or more units without an elevator).
Imposes mandatory physical structural criteria on the parcel improvements: (1) accessible building entrance on an accessible route, (2) accessible public and common use areas, (3) usable doors for wheelchairs, (4) accessible routes into and through each dwelling unit, (5) light switches, electrical outlets, and environmental controls in accessible locations, (6) reinforced bathroom walls for grab bar installation, and (7) usable kitchens and bathrooms permitting wheelchair maneuvering. Non-conforming improvements require mandatory structural retrofits and subject developers/owners to federal civil actions.
Fair Housing Amendments Act of 1988 (42 U.S.C. 3604(f)(3)(C)); HUD regulations at 24 CFR 100.205.
applies when — The parcel secures a residential mortgage originated before the property owner entered active military service, where the debt is enforced during or within one year after active military service.
Restricts lender foreclosure rights by nullifying any non-judicial foreclosure, sale, or seizure of the residential parcel without a court order or valid written waiver executed by the servicemember during or after active duty. Courts are empowered to stay foreclosure proceedings or adjust loan payments. Foreclosing without a court order constitutes a federal criminal misdemeanor and exposes the lender to civil damages.
50 U.S.C. 3953; codified originally as the Soldiers' and Sailors' Civil Relief Act of 1940, modernized under the Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189).
applies when — The parcel contains wetlands, streams, or waterways that meet the definition of 'Waters of the United States' (WOTUS) as delineated under the Clean Water Act.
Prohibits the discharge of dredged or fill material into jurisdictional wetlands or waters without a permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, driveway installation, structural foundation expansion, or shoreline bulkheading; unauthorized fill mandates compulsory site restoration and subjects parcel owners to civil penalties exceeding $50,000 per day under 33 U.S.C. 1319.
Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1344; current delineation criteria governed in accordance with Sackett v. EPA (2023) and conforming federal rulemaking (40 CFR Part 120 / 33 CFR Part 328).
applies when — The residential parcel is listed in or eligible for listing in the National Register of Historic Places, or lies within an eligible historic district, and involves an action subject to federal agency funding, permitting, licensing, or mortgage assistance (e.g., HUD/FHA, VA, USDA, or USACE permits).
Federal agencies must assess adverse effects on historic resources prior to approving loans, grants, or permits. Parcel alterations, demolitions, or rehabilitation programs that receive federal assistance are subjected to binding Section 106 consultation with the State Historic Preservation Officer (SHPO) and must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties, restricting unapproved structural modifications or exterior elevation changes.
National Historic Preservation Act of 1966 (54 U.S.C. 306108, formerly 16 U.S.C. 470f); regulations codified at 36 CFR Part 800.
applies when — The residential parcel is owned by a person or entity that has neglected or refused to pay any assessed federal tax liability (income, gift, estate, or payroll tax) after formal demand.
Under IRC § 6321, a statutory lien arises automatically as of the date of assessment and attaches to all real property owned or acquired by the taxpayer. Upon the IRS filing a Notice of Federal Tax Lien (NFTL) in local county land records under IRC § 6323, it perfects priority against subsequent purchasers, mortgagees, and judgment lien creditors. Rate and computation: The lien secures 100% of the underlying unpaid tax assessment, plus compounding interest under IRC § 6621 (the federal short-term rate plus 3 percentage points) and statutory late-payment penalties under IRC § 6651 (0.5% per month, up to a maximum cap of 25%). No parcel-level homestead exemption exists under federal law against an IRC § 7403 judicial foreclosure or tax collection lien.
Internal Revenue Code (IRC) §§ 6321, 6322, 6323.
applies when — The parcel is being purchased or refinanced using FHA-insured Title II financing under the National Housing Act.
Restricts financing eligibility based on parcel and structural criteria: (1) County Loan Limits cap the maximum insurable mortgage balance per parcel based on local median housing costs (ranging from a federal statutory floor of 65% of the national conforming limit up to a statutory ceiling of 150%). (2) Imposes mandatory HUD Minimum Property Standards (MPS; HUD Handbook 4000.1 / 24 CFR Part 200) requiring mandatory appraisal repair escrows or seller cures for deficiencies regarding structural soundness, safety, soil stability, drainage, well/septic separation buffers, and lead paint encapsulation before loan endorsement.
National Housing Act of 1934, as amended (12 U.S.C. 1709); annual loan limit updates promulgated under the Housing and Economic Recovery Act of 2008 (HERA).
applies when — The parcel constitutes a U.S. Real Property Interest (USRPI) transferred or disposed of by a 'foreign person' (non-resident alien individual, foreign corporation, foreign partnership, or foreign trust/estate).
Imposes an absolute statutory obligation on the transferee/buyer to withhold gross tax from the total amount realized (purchase price) upon disposition and remit it to the IRS within 20 days using Forms 8288 and 8288-A. Rate structure and formula: Base statutory withholding rate is 15% of the gross sales price. Residential personal residence exemption computation: (1) If the gross sales price does not exceed $300,000 AND the buyer (or family member) intends to use the parcel as a personal residence for at least 50% of days used during each of the first two 12-month periods, the withholding rate is 0%. (2) If the gross sales price exceeds $300,000 but does not exceed $1,000,000 and meets the same personal residence test, the withholding rate is reduced to 10% of the gross sales price. (3) For all sales exceeding $1,000,000, or where the buyer does not satisfy the personal residence requir
Internal Revenue Code (IRC) § 1445; enacted via the Foreign Investment in Real Property Tax Act of 1980, with standard rate increased from 10% to 15% pursuant to the PATH Act of 2015.
applies when — The parcel is improved with 'target housing,' defined as any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 resides or is expected to reside there) or 0-bedroom dwellings.
Before a purchaser or lessee becomes obligated under any contract to buy or lease, the seller or landlord must: (1) provide an EPA-approved lead hazard information pamphlet ('Protect Your Family From Lead In Your Home'), (2) disclose any known lead-based paint or hazards and provide all available records/evaluations, (3) attach a federal Lead Warning Statement and disclosure certification to the contract, and (4) afford buyers a mandatory 10-day mutual inspection period (waivable in writing) to conduct a risk assessment. Failure to comply exposes violators to civil liability, statutory treble damages, and administrative penalties up to statutory maximums per violation.
Enacted under Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), implemented jointly by EPA and HUD at 40 CFR Part 745 / 24 CFR Part 35.
applies when — Parcel contains improved real estate or a manufactured home situated within a FEMA-designated Special Flood Hazard Area (SFHA, such as Zones A or V / 100-year floodplain) in an NFIP-participating community, where financing is secured via a federally regulated, supervised, or insured lender (including GSEs, FHA, VA, USDA).
Mandates borrower to purchase and maintain flood insurance coverage (via NFIP or qualifying private flood insurance policy) for the term of the mortgage up to the lesser of the outstanding principal loan balance, the maximum NFIP statutory limit ($250,000 for residential 1-4 units), or the insurable value of the property. Lenders must escrow flood insurance premiums unless specific small-lender exceptions apply.
Established under the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4012a) and National Flood Insurance Act of 1968, amended by the Biggert-Waters Flood Insurance Reform Act of 2012; private flood insurance acceptance regulations updated at 24 CFR Part 203 (FHA, 2022).
Governance registry — every jurisdiction re-researches on a rolling 90-day cycle. Property reports compose these inherited burdens into a per-parcel ledger with conditional determinations. Informational only — not legal advice.