Summary of HUD’s Lead Safe Housing Rule

Lead-Based Paint Regulations Changes

On September 15, 1999, HUD issued a new Federal lead-based paint regulation implementing Title X of the Housing and Community Development Act of 1992. This regulation makes many important changes in the lead-based paint requirements applicable to housing funded through HUD's Community Planning and Development (CPD) programs. State and local jurisdictions that receive funding from the Community Development Block Grant (CDBG) Program, HOME Program, and other CPD programs.

The following resources are available on the DOLA CDBG Guidebook and explain the lead-based paint regulatory requirements:

• Exhibit IV-E.1 Common Lead-Based Paint Terms
• Exhibit IV-E.2 Four Approaches to Implementing Lead Hazard Evaluation and Reduction

Pre-1978 Properties and Lead Hazard Reduction

All units in a project assisted with CDBG funds must comply with 24 CFR Part 35, which implements Title X of the Housing and Community Development Act of 1992, also referred to as the Lead Safe Housing Rule (LSHR). This regulation has been in effect since September 15, 2000,
and Subpart J applies to rehabilitation projects. 

Some rehabilitation work performed in pre-1978 units may be exempt from following the lead safe housing rule such as:

• Properties found not to have lead-based paint during current testing and earlier testing that meets the requirements of prior evaluations.
• Properties where all lead-based paint has been identified and removed using approved methods; and
• Rehabilitation that does not disturb paint.

Grantees should refer to the HUD Lead Safe Housing Requirements Screening Worksheet Parts 1-4 and 24 CFR 35.115 and 35.165 for more information regarding exemptions.

If a home was constructed prior to 1978, the LSHR applies. Therefore, the initial inspection report must specify all the work to be done to bring the building to standard and include all work necessary to comply with applicable lead hazard reduction requirements.

Evaluation Method

After the initial work write-up is complete, the rehabilitation specialist must determine which lead evaluation activity must be followed. The evaluation activity required depends on the level of assistance:

• < $5,000. Paint testing of surfaces to be disturbed must be completed. Paint testing must be conducted by a certified paint inspector or risk assessor.
• $5,000-$25,000. A comprehensive lead inspection must be performed of the entire unit. A comprehensive lead inspection must be conducted by a DPH certified lead risk assessor who is employed by a DPH licensed lead consultant.
• $25,000. A comprehensive lead inspection must be performed of the entire unit. A comprehensive lead inspection must be conducted by a DPH certified lead risk assessor who is employed by a DPH licensed lead consultant.

Grantees should be aware that there are additional rules for the type of work that is performed depending on the intent of the work. See the HUD/EPA Guidance memo for more information.

Notification

Results of the paint test and risk assessment must be provided in a Notice of Lead Hazard Evaluation to the homeowner within 15 days of the grantee receiving them. The person performing the evaluation may be able to assist the grantee in completing the form.

It is important for the homeowner to know that, under the LSHR, they must disclose any knowledge of lead in the home to any future buyers of the property. A sample Notice of Lead Hazard Evaluation is provided on the HUD website.

Grantees also have the option to presume there is lead in the unit rather than paint testing or risk assessments. If the grantee utilizes the presumption of lead option, the scope of work must address all painted surfaces. Grantees should note that this approach may raise the cost of the work as non-lead surfaces will be required to be treated as if they contained lead. Also, if the presumption method is followed, a “Notice of Presumption" must be provided to the homeowner within 15 days of performing the initial inspection. A sample Notice of Lead Hazard Presumption is provided on the HUD website.

Finalizing the Bid Specs for Lead Work

If the paint testing or risk assessment shows there are no lead hazards, then traditional rehabilitation practices may be followed.

If there are lead hazards found in the home then the following lead hazard reduction activities must be followed based on the amount of assistance and incorporated into the work write-up.

• < $5,000. Repair surfaces to be disturbed using safe work practices and trained workers. 
• $5,000-$25,000. Perform interim controls using safe work practices and trained workers.
  If presumption occurred, perform standard treatments using safe work practices and trained workers.
• > $25,000. Perform abatement using safe work practices and certified abatement supervisor and certified workers.

The work write-up must be revised to incorporate the appropriate lead hazard reduction work and methods required to perform the work. Once the work write-up has been finalized, the cost estimate tells whether or not the work can be done within the maximum grant amount or the owner's ability to repay.

The person preparing cost estimates should be familiar with the current rates for materials and labor and be able to estimate accurately the time required to complete each task. Good, reliable cost estimates are critical. Since costs change rapidly, it is important that cost estimates be used as soon as possible.