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Lead-Based Paint in Public Housing

All LHAs were to have tested their units for lead based paint by December 1994. Usually agencies completely remove the lead-paint hazard as the agency pursues its modernization plan. The final rule on lead based paint hazards was published in the Federal Register on September 15, 1999. It is effective on September 15, 2000. Agencies that are not in compliance presently must achieve compliance not later than the effective date. They must follow the requirements of the final rule.

Because HUD found that about 13 percent of the original testing performed by LHAs gave false negative results for lead, all LHAs are required to determine whether the testing at their developments was performed by a certified inspector or tester. Certification at that time varied, it could have been a local or state certification. For those whose testing was performed by a non-certified tester or inspector, the agency is required to follow HUD's quality control protocol (link to PIH Notice 95-8, which we may have to scan since it is no longer on the Internet) to determine whether their results are accurte. This work must be completed by September 15, 2000. Any "revisions or augmentations" to prior testing must be completed no later than September 17, 2001. Some of the major changes to the public housing section of the final rule include dropping the critical age of a child from seven to six years, and requiring Environmental Protection Agency certified lead workers. Otherwise, the public housing section has minor changes compared to the interim rule. It ads deadlines and definitions. "Repair" becomes "stabilize" which is defined in the rule, and "elevated blood level" becomes "environmental intervention blood level," the threshold for which is 20 micrograms of lead per deciliter of blood in a child less than 6 years old (known as a lead-poisoned child).

For more information, please contact Christine Siksa, Policy Analyst for Housing, at 202-289-3500, ext. 252 or by e-mail at csiksa@nahro.org.

See Also:

HUD Lead-Based Paint Info:

Federal Register:

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