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Lead-Based Paint

Background

New HUD lead-based paint regulations went into effect on September 15, 2000 that impose new requirements for many HUD programs, including CDBG, HOME, tenant based assistance and public housing. These regulations are part of a national effort to eliminate lead-based paint (LBP) hazards in housing. The regulation applies only to dwelling units built before 1978. For the tenant based assistance, in the first year the rule applies only to units occupied by families with a child less than 6 years of age in units built before 1960; in September 2001, the age of units will change to all units built before 1978. For the CDBG and HOME programs, it applies to all housing units built before 1978.

CDBG/HOME

The rule requires either interim controls or abatement of lead-based paint for all units receiving rehabilitation services valued over $5,000. Although previous regulations required abatement of lead based paint, the new rule contains several new requirements related to risk assessment, interim controls and abatement, including the requirement that certain types of construction workers be certified in lead-based paint practices.

One fundamental change in the new regulation for the CDBG program is that now the lead based paint requirements will apply to all units rehabilitated through the program, whereas the current rule applies only to units which house children under 6 years old. This change may influence elderly homeowner participation in CDBG rehabilitation programs, since many elderly residents may not want to subject their homes or themselves to the mandatory relocation that sometimes accompanies lead based paint abatement. In turn, this could cause housing stock to further deteriorate, contrary to the CDBG's program goals.

Section 8 and Tenant-Based Assistance Programs

The tenant based assistance programs affected by this regulation are the Section 8 certificate and voucher programs, the HOME tenant based assistance program, Shelter Plus Care, Housing for Persons With Aids (HOPWA), and the Indian Housing Block Grant Programs.

For the tenant based programs, the regulation designates different parties to be responsible for complying with the LBP requirements. For the Section 8 certificate and voucher programs, the responsible or designated party is the Housing Authority; for HOPWA and Shelter Plus Programs, the designated is the grantee; for the HOME program it's the participating jurisdiction; for the Indian Housing block Grant program, the designated party is the recipient.

The new regulation for tenant-based programs is more stringent in two ways: it requires, in addition to existing regulation, "on-going maintenance" and "clearance" to be done by certified inspector/technicians. Other than those two requirements, the rule calls for essentially the same steps.

Clearance Testing Required

After any work which disturbs paint, clearance testing to determine the level of lead dust in the air is require. Certified clearance technicians must perform the test.

Training and Funding for Clearance Testing From HUD

In some areas, the supply of certified technicians is virtually non-existent, posing an additional problem and adding cost to rehabilitation projects. HUD has committed to paying up to $150 per test for the clearance testing. HUD is also sponsoring free training on lead safe work practicies.

See notices below for more information on funding for clearance testing.

CDBG/HOME:
http://www.hud.gov/lea/OHHLHC_01_01.pdf

Section 8: http://www.hud.gov/pih/publications/notices/pih2000-49.pdf

For more information about training see http://www.hud.org/lea

NAHRO Position:

NAHRO supports a cost study to determine the additional costs to the CDBG, HOME and Section 8 programs caused by the new requirements of HUD's lead-based paint regulations.

NAHRO also supports a change in the statute or regulation which exempts housing owned or occupied by elderly residents from the new requirements. NAHRO seeks to raise the threshold for regulatory applicability in the CDBG/HOME program regulations from $5,000 to $10,000, and/or raise the statutory threshold for mandatory abatement over $25,000.

See Also:

HUD Lead-Based Paint Info:

Federal Register:

M e m b e r s    L i n k s:

News:

NAHRO Monitor: