Lead Base Paint

The U.S. Department of Housing and Urban Development (HUD) announced a new regulation that took effect on September 15, 2000. The regulation, 24 CFR Part 35, requires public housing authorities and landlords to take practical steps to control lead-based paint hazards in housing units receiving federal assistance.
The regulation only affects housing units built before 1978 that have a child younger than six (6) years of age residing in the unit. It requires a landlord to conduct paint stabilization repair, clearance, and risk assessment tests prior to signing a new lease, and, at annual re-examination HUD had given the local housing authority the responsibility to ensure that landlords comply with this rule.

The following properties are exempted from the regulation:

a. Units built after January 1 1978.

b. Units exclusively for the elderly or disabled.

c. Zero bedroom units

d. Properties already found to be free of lead-based paint by a certified inspector.

e. Properties where all lead-based paint has been removed.

Landlord are not required :

a. To abate the unit.

b. To do clearance inspections on surfaces less than 2 square feet on the interior and 20 square feet on the exterior of the unit.

c. To do anything if the unit had no visible chipping, peeling, or cracking surfaces.

For all other units, HUD requires every landlord to conduct repairs and testing when the following conditions are present:

a. Whenever there are chipping, peeling, cracking surfaces greater than 2 square feet on the interior and 20 square feet on the exterior of the unit or in common areas, a landlord must use paint stabilization to repair the surfaces. A qualified person who must use safe work practices must do the repairs.

b. Whenever paint stabilization repairs are to be completed, a landlord must conduct a clearance test to ensure that no lead dust exists in the unit. A trained or certified clearance inspector must do the tests.

c. Whenever a local housing authority is notified that a child with an environmental intervention blood lead level (EIB) is living in or plans to live in the unit, a certified risk assessor must do a risk assessment test. A risk assessment means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards.

NOTE: This is not intended to be all inclusive of the requirements of 24 CFR Part 35, For additional questions or information you may contact the Director of Section 8 Division at (662) 327-0136.

We encourage you to visit www.hud.gov/offices/lead for additional guidance on lead hazard control.