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HUD Releases Notice Regarding Lead-Based Paint

On October 3, 2016, HUD Multifamily released Notice H 2016-10 which deals with Lead-Based Paint disclosures and inspection documentation reviewed during REAC Inspections. In this notice, HUD reminds us all of the dangers of lead poisoning, especially to young children. Lead poisoning has been linked to neurological and mental development issues, and possibly the most tragic part of lead poisoning is that is entirely preventable.

As part of the effort to reduce exposure to Lead-Based Paint, HUD REAC has reviewed documentation as part of their inspections to determine the existence of lead-based paint inspection reports and lead-based paint disclosures. The rules for when this is applicable have been refined as part of this Memorandum. For properties constructed prior to 1978 (Major rehab date does not negate this, the original construction date is the only date used for this determination), if the REAC inspector is not provided lead risk assessment reports, Lead Risk Assessment, or inspection records and lead-based paint disclosures, then the Owner/Agent will have to provide copies of these inspections to the HUD Field Office after the REAC Inspection.

It has also been clarified that there are properties that are exempt from the Lead Safe Housing Rule (LSHR).

These properties include:

  • Any property constructed after 1978
  • Any property that is designated for elderly households only
  • Any property is designed for elderly/disabled households only with no children under six years of age
  • Any property is designed for disabled households only with no children under six years of age

The following detailed explanation is part of the HUD Notice

  • If the property is covered by the LSHR [i.e., not exempt], the inspector must ask the property representative if the property has ever been inspected for lead-based paint.
  • If the property representative says no, the inspector checks NO.
  • If the property representative says yes, the inspector must ask to see the lead-based paint inspection report. If the property representative produces a lead-based paint inspection report the inspector checks YES.
  • If the property representative cannot produce a lead-based paint inspection report, the inspector checks NO. If the property representative produces a lead-based paint inspection report and report’s executive summary says that the property has lead-based paint, the inspector checks YES regarding Lead-Based Paint Present.
  • If the executive summary says that the property has no lead-based paint, the inspector checks NO regarding Lead-Based Paint Present, and the REAC inspection regarding lead is completed.

What happens when a property cannot provide Lead-Based Paint Hazard Reports

  • If the property is covered by the LSHR, and the property does not have a lead-based paint inspection report for which the executive summary says that the property has no lead-based paint, the inspector must ask the property representative if the property has ever had a lead risk assessment.
  • If the property representative says no, the inspector checks NO.
  • If the property representative says yes, the inspector must ask to see the risk assessment report. If the property representative produces a lead hazard control plan the inspector checks YES.
  • If the property representative cannot produce a lead risk assessment report, the inspector checks NO.
  • If the property representative produces a lead hazard control plan and plan’s executive summary says that the property had lead-based paint hazards, the inspector checks YES regarding Lead-Based Paint Hazards Found.
  • If the executive summary says that the property had no lead-based paint hazards, the inspector checks NO regarding Lead-Based Paint Found.

If you have a property that was constructed prior to 1978, you should ensure that you have this documentation available before your next REAC inspection. While there are no points deducted for this category, you will have to resolve this issue with either REAC or your HUD Field Office. It is also important to reinforce that this is an important health hazard, and for owners and agents who manage assisted housing, it is vital that these risks are eliminated.

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