The Office of Public and Assisted Housing (PIH) has issued PIH Notice 2011-44, which serves as a reminder of the regulations about lead-based paint that must be followed by public housing agencies (PHAs). HUD regulations at 24 CFR Part 35 contain both the Lead Safe Housing Rule (LSHR) and the Lead Disclosure Rule (LDR). The Notice provides links to existing, more detailed guidance from 2008 and general information about the Environmental Protection Agency (EPA) Renovation, Repair, and Painting rule (RRP) at 40 CFR Part 745.
LSHR regulates the evaluation and control of lead-based paint hazards in most federally-assisted housing built before 1978. LDR applies to both federally-assisted and private housing built before 1978, even if a child will not live in the housing. RRP applies to renovation, repair, and painting work in all federally-assisted and private housing built before 1978.
Under LDR, landlords and PHAs must provide prospective tenants, or existing tenants at the time of rent or lease changes, with the following:
- A “Lead Warning Statement” about the hazard of lead-based paint.
- A disclosure statement indicating any presence of lead-based paint and/or any lead-based paint hazards in their unit, common areas, and exterior areas. (Lead-based paint hazards are any conditions that cause exposure to lead from lead-contaminated dust, soil, or paint that is deteriorated or present in surfaces accessible to people and that could result in harmful health effects.)
- A statement listing any lead paint or hazard records or reports. These must be made available for residents.
- A copy of a brochure, “Protect Your Family From Lead in Your Home,” is available in various languages at http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/disclosure.
PHAs must take steps to ensure that Housing Choice Voucher (HCV) landlords comply with LDR. All PHAs must identify and accumulate all lead-based paint records for their properties. A copy of full reports and records must be available for inspection by residents.
Because lead hazards can change over time, if lead-based paint had been previously found in a unit, before modernizing units LSHR requires a PHA to complete a risk assessment, implement interim controls, and abate any hazards that are found. To be current, a lead risk assessment must be no older than 12 months.
The EPA’s RRP regulations pertain to renovation of pre-1978 housing. Contractors and maintenance staff working at PHAs and private housing who are carrying out renovation or painting that disturbs paint in homes and child-occupied facilities built before 1978 must be certified, follow specific work practices, and provide pre-renovation education to occupants.
PHAs cannot exclude families with young children from participating in housing programs because of the lead-based requirements, or require parents to provide information about child blood levels before offering housing.
HUD’s Office of Public and Indian Housing has appointed two coordinators at the headquarters office, Nora McArdle (Nora.C.McArdle@hud.gov, or 202-402-3967) and Tobey Zimber (Tobey.J.Zimber@hud.gov, or 202-402-6230).
PIH Notice 2011-44 is at http://nlihc.org/doc/Lead_Paint_Notice.pdf
More information about lead-based paint hazards, see the Healthy Homes entry on page 97 of the 2011 Advocates’ Guide, http://www.nlihc.org/doc/2011-Advocates-Guide.pdf