HUD published a notice for comment in the Federal Register on September 11 seeking public input regarding its intention to revise the “elevated blood lead level” (EBLL) threshold requirements for HUD-assisted housing. HUD intends to lower the EBLL to 3.5 micrograms of lead per deciliter (µg/dL) of blood for children under the age of six. (The current threshold is 5 µg/dL.) HUD indicates that this action aligns with the Centers for Disease Control and Prevention’s (CDC) decision to lower its “blood lead reference value” (BLRV) to 3.5 µg/dL from 5 µg/dL. Lowering the EBLL threshold is intended to support the expansion of environmental investigations and lead hazard control work. Comments are due by October 11.
In general, when a child under the age of six living in HUD-assisted housing built before 1978 (when lead-based paint was banned) is shown to have an elevated blood-lead level, HUD’s Lead Safe Housing Rule requires the housing’s “designated party” (e.g., a public housing agency or the owner) to carry out certain actions, including environmental investigations. 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 children under the age of six. All hazards must be addressed according to Environmental Protection Agency requirements.
HUD’s Lead Safe Housing Rule is at 24 CFR part 35, Subparts H (Project-Based Assistance), L (Public Housing), M (Tenant-Based Rental Assistance), and I (HUD-Owned and Mortgages-in-Possession Multifamily Property).
Read HUD’s Notice for Comment at: https://tinyurl.com/39sd24j5
HUD’s Office of Lead Hazard Control and Healthy Homes website is at: https://tinyurl.com/4ap6s5jk
More information about Lead Hazard Control and Healthy Homes is on page 6-1 of NLIHC’s 2024 Advocates’ Guide.