A CDBG project involves making repairs to the exterior of an owner-occupied duplex in which one of the households is above the 80% AMI income limit and the other one is below. If $30,000 of CDBG funds will go into the rehabilitation of both units, does the Lead Safe Housing Rule require us to perform interim controls on the unit that does not meet the income limit? Our understanding is that we would have to apply interim controls to both units.
Date Published: May 2015
Yes, the CDBG rules allow for the rehabilitation of both parts of a duplex, as long as one household is below 80% of area median income (570.208(a)(3)). Therefore, the grantee can treat both units.
Assuming that the property was constructed prior to January 1, 1978, your interpretation about lead is correct. 24 CFR 35.930(c) states that for residential property receiving an average of more than $5,000 and up to and including $25,000 per unit in federal rehabilitation assistance, each grantee or participating jurisdiction shall: (1)Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section. (2) Perform a risk assessment in the dwelling units receiving federal assistance, in common areas servicing those units, and exterior painted surfaces, in accordance with §35.1320(b), before rehabilitation begins. (3) Perform interim controls in accordance with §35.1330 of all lead-based paint hazards identified pursuant to paragraphs (c)(1) and (c)(2) of this section. (4) Implement safe work practices during rehabilitation work in accordance with §35.1350 and repair any paint that is disturbed and is known or presumed to be lead-based paint. The indicated $15,000 per unit of federal assistance requires that a risk assessment be conducted.