The Lead Safe Housing Rule (LSHR) applies to all federally-assisted housing. Depending on the nature of work and the dollar amount of federal investment in the property, certain requirements must be complied with in handling lead-based paint. HUD and EPA issued a joint statement in 2001 that clarified the requirements of Title X for rehabilitation and lead abatement in federally-assisted properties.
In summary, as it relates to recipients under Subpart J, if a project exceeds $25,000 in federal rehab assistance, abatement is required (and the use of a certified abatement contractor is also required). If a project receives less than $25,000 in federal rehab assistance, activities intended to permanently eliminate lead paint hazards, as documented in regulation, project specifications, cost allocation documents, or court or agency orders, are considered abatement and require the use of certified abatement contractors. Weatherization and rehabilitation activities are not automatically considered abatement. More information on EPA's requirements under the Renovation, Repair and Painting Rule is available at OHHLHC's RRP Website.
Refer to the LSHR Overview document for additional information.
Note: Clearance is always required after abatement, interim controls, paint stabilization, or standard treatments unless the area is below de minimis levels.
Subpart
of Rule
|
Type of Assistance
|
Construction
Period
|
Requirements
|
|||||||||||||||
C
|
Disposition
by Federal Agency Other Than HUD
|
Pre-1960 |
|
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1960-1977
|
|
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D
|
Project-Based
Assistance by Federal Agency Other Than HUD
|
Pre-1978
|
|
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F
|
HUD-Owned
Single Family Sold With a HUD-Insured Mortgage
|
Pre-1978
|
|
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G
|
Multifamily
Mortgage Insurance
|
1.
For properties that are currently residential
|
Pre-1960
|
|
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1960-1977
|
|
|||||||||||||||||
2.
For conversions and major renovations
|
Pre-1978
|
|
||||||||||||||||
H
|
Project-Based
Assistance (HUD Program)
|
1.
Multifamily property receiving more than $5,000 per unit per
year
|
Pre-1978
|
|
||||||||||||||
2.
Multifamily property receiving less than or equal to $5,000
per unit per year, and single family properties
|
Pre-1978
|
|
||||||||||||||||
I
|
HUD-Owned
Multifamily Property
|
Pre-1978
|
|
|||||||||||||||
J
|
Rehabilitation
Assistance
|
1.
Unit receiving less than or equal to $5,000 per unit
|
Pre-1978
|
|
||||||||||||||
2.
Unit receiving more than $5,000 and up to $25,000
|
Pre-1978
|
|
||||||||||||||||
3.
Unit receiving more than $25,000 per unit
|
Pre-1978
|
|
||||||||||||||||
K
|
Acquisition,
Leasing, Support Services, or Operation
|
Pre-1978
|
|
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L
|
Public
Housing
|
Pre-1978
|
|
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M
|
Tenant-Based
Rental Assistance
|
Pre-1978
|
|