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Lead-safe Housing Rule Requirements

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

 -   LBP inspection and risk assessment
 -   Abatement of LBP hazards
 -   Notice to occupants of inspection/abatement results
1960-1977
 -   LBP inspection and risk assessment
 -   Notice to occupants of results
D
Project-Based Assistance by Federal Agency Other Than HUD
Pre-1978
 -   Provision of pamphlet
 -   Risk assessment
 -   Interim controls
 -   Notice to occupants of results
 -   Response to EBL child
F
HUD-Owned Single Family Sold With a HUD-Insured Mortgage
Pre-1978
 -   Visual assessment
 -   Paint stabilization
 -   Notice to occupants of clearance
G
Multifamily Mortgage Insurance
1. For properties that are currently residential
Pre-1960
 -   Provision of pamphlet
 -   Risk assessment
 -   Interim controls
 -   Notice to occupants
 -   Ongoing LBP maintenance
1960-1977
 -   Provision of pamphlet
 -   Ongoing LBP maintenance
2. For conversions and major renovations
Pre-1978
 -   Provision of pamphlet
 -   LBP inspection
 -   Abatement of LBP
 -   Notice to occupants
H
Project-Based Assistance (HUD Program)
1. Multifamily property receiving more than $5,000 per unit per year
Pre-1978
 -   Provision of pamphlet
 -   Risk assessment
 -   Interim controls
 -   Notice to occupants
 -   Ongoing LBP maintenance and reevaluation
 -   Response to EBL child
2. Multifamily property receiving less than or equal to $5,000 per unit per year, and single family properties
Pre-1978
 -   Provision of pamphlet
 -   Visual assessment
 -   Paint stabilization
 -   Notice to occupants
 -   Ongoing LBP maintenance
 -   Response to EBL child
I
HUD-Owned Multifamily Property
Pre-1978
 -   Provision of pamphlet
 -   LBP inspection and risk assessment
 -   Interim controls
 -   Notice to occupants
 -   Ongoing LBP maintenance
 -   Response to EBL child
J
Rehabilitation Assistance
1. Unit receiving less than or equal to $5,000 per unit
Pre-1978
 -   Provision of pamphlet
 -   Paint testing of surfaces to be disturbed, or presume LBP
 -   Safe work practices in rehab
 -   Repair disturbed paint
 -   Notice to occupants
2. Unit receiving more than $5,000 and up to $25,000
Pre-1978
 -   Provision of pamphlet
 -   Paint testing of surfaces to be disturbed, or presume LBP
 -   Risk assessment
 -   Interim controls
 -   Notice to occupants
 -   Ongoing LBP maintenance if HOME or CILP
3. Unit receiving more than $25,000 per unit
Pre-1978
 -   Provision of pamphlet
 -   Paint testing of surfaces to be disturbed, or presume LBP
 -   Risk assessment
 -   Abatement of LBP hazards
 -   Notice to occupants
 -   Ongoing LBP maintenance
K
Acquisition, Leasing, Support Services, or Operation
Pre-1978
 -   Provision of pamphlet
 -   Visual assessment
 -   Paint stabilization
 -   Notice to occupants
 -   Ongoing LBP maintenance
L
Public Housing
Pre-1978
 -   Provision of pamphlet
 -   LBP inspection
 -   Abatement of LBP
 -   Risk assessment if LBP not yet abated
 -   Interim controls if LBP not yet abated
 -   Notice to occupants
 -   Response to EBL child
M
Tenant-Based Rental Assistance
Pre-1978
 -   Provision of pamphlet
 -   Visual assessment
 -   Paint stabilization
 -   Notice to occupants
 -   Ongoing LBP maintenance
 -   Response to EBL child