HUD published a notice in the Federal Register on January 17 modifying its elevated blood lead level (EBLL) threshold, reducing it to 3.5 micrograms of lead per deciliter of blood (µg/dL) for a child under the age of six. Previously, HUD’s EBLL threshold was 5 µg/dL, even though the Centers for Disease Control and Prevention (CDC) reduced its Blood Level Reference Value (BLRV, the term used by CDC instead of EBLL) to 3.5 µg/dL in May 2021. The notice also established two tiers for complying with the new EBLL. HUD-assisted housing must comply by April 17, 2025, in states, state-level jurisdictions, territories, and local jurisdictions that have a blood level action threshold equal to or lower than the CDC’s current BLRV. HUD-assisted housing must comply by July 16, 2025, where the blood level action threshold is greater than the CDC’s current BLRV or where there is no threshold.
HUD changed its proposed across-the-board six-month compliance deadline, replacing it with the two-tiered compliance scheme of a 90-day period and a 180-day period. HUD acknowledged that six months was too long because housing providers were aware of the CDC’s level since 2021, because HUD had existing training material on HUD Exchange, and because many states and localities already had standards equal to or greater than the CDC’s BLRV. However, where there were no standards or where the standards exceeded the CDC’s BLRV, HUD asserts that housing providers need more time: 180 days.
NLIHC submitted comments endorsing the tightening of the EBLL threshold but also recommended other changes HUD could make to prevent children from exposure to lead-based hazards. NLIHC urged HUD to make the new 3.5 µg/dL threshold effective immediately upon publication in the Federal Register in order to minimize lead hazard exposure to children. HUD disagreed, stating that HUD-assisted housing parties needed to be notified of any such changes and be given time to comply.
NLIHC also urged HUD to propose and implement further changes to the regulations that would automatically adopt future updates to the CDC’s lead poisoning reference value in order to eliminate long lags after CDC revises the poisoning reference value. HUD did not respond to this recommendation.
NLIHC’s comment letter went beyond responding to specific questions raised by HUD in its September 11, 2024 Federal Register notice. NLIHC urged HUD to amend its lead hazard rule at 24 CFR part 35 to require full risk assessments, not mere visual assessments, in all federally assisted housing. The current rule only requires ineffective visual assessments in the Housing Choice Voucher (HCV) program and in the Project-Based Section 8 (PBRA) program if a PBRA unit receives less than $5,000 in assistance. Visual inspections do not adequately identify lead-based paint or lead hazards in the form of lead dust and lead soil.
Furthermore, continued reliance on visual assessments means lead hazard control will only occur after a child suffers permanent harm; according to the CDC there is no safe blood lead level in children and there is no cure for lead poisoning. Therefore, HUD must require meaningful prevention activities in order to end lead poisoning among children in all federally assisted programs, including the HCV program and the PBRA program regardless of the amount of subsidy. To ensure that no households move into a unit with a lead hazard, it is essential that HUD amend part 35 for all HUD programs by replacing visual assessments with the more accurate and reliable risk assessments in all pre-1978 properties.
Background
In general, when a child under the age of six is identified with an elevated blood lead level living in HUD-assisted housing built before 1978 (when lead-based paint was banned), HUD’s Lead Safe Housing Rule requires the housing’s “designated party” (e.g., public housing agency, owner, etc.) to carry out certain actions. During an environmental investigation, inspectors must check a child’s environment for possible causes of lead exposure and recommend ways to prevent further lead exposure. If lead-based paint hazards are identified in the child’s unit, a risk assessment must be conducted at other HUD-assisted units in the building occupied by a child under the age of six. All hazards must be controlled according to Environmental Protection Agency requirements.
Read the January 17 Federal Register notice at: https://tinyurl.com/bp7rjwj6
HUD’s Lead Safe Housing Rule is at 24 CFR 35, subparts B – R.
HUD’s Office of Lead Hazard Control and Healthy Homes website is at: https://tinyurl.com/4ap6s5jk
HUD’s Lead-Based Hazards webpage on HUD Exchange is at: https://tinyurl.com/4trfattn
More information about Lead Hazard Control and Healthy Homes is on page 6-1 of NLIHC’s 2024 Advocates’ Guide.