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Lead-Based Paint

Lead is a naturally occurring element found in air, soil, and water, but it can cause a range of health problems. When lead is absorbed into the body, it can damage the body’s organ systems, especially the nervous system. Children under six years of age are at particular risk of damage to the brain and peripheral nerves because they are growing.

Regulations

The Consumer Product Safety Commission banned the use of lead in house paint in 1978. Prior to 1978, lead-based paint (LBP) was commonly used in homes; the older the home, the higher the concentration of lead in the paint. Title X, the Residential Lead-Based Paint Hazard Reduction Act, was passed in 1992. Title X required several Federal agencies, including HUD and the Environmental Protection Agency (EPA) to promulgate regulations designed to, in part, protect people, especially children, living in pre-1978 homes, where LBP may have been used.

The applicability of specific regulatory requirements depends on several housing factors including:

  • Age of the housing unit(s)
  • Property being disposed of or assisted by the federal government
  • Type and amount of HUD assistance
  • Whether the dwelling is rental or privately owned
  • Whether the dwelling is occupied by a child less than six years of age

Learn more about HUD's Office of Lead Hazard Control and Healthy Homes (OLHCHH).

Lead Disclosure Rule

Requires disclosure of known information on LBP and LBP hazards before the sale or lease of most pre-1978 housing

Lead Safe Housing Rule

Applies to most pre-1978 “target housing” that is federally owned and/or receiving federal assistance

EPA's Renovation, Repair, and Painting Rule

Requires firms performing renovation, repair, and painting projects (RRP) that disturb LBP in most pre-1978 homes, childcare, pre-schools, and child-occupied facilities to obtain firm certification and use certified renovators

Which Lead Rules Apply to My Program or Project?

The Lead Safe Housing Rule (LSHR) is divided into subparts. The applicable subpart is based upon the activity being funded. When there are multiple activities, the most protective subpart applies. When the LSHR applies to a project, it is likely that the EPA’s RRP rule also applies. 

The LSHR does not apply if housing meets one of these conditions:

  • Property constructed on or after January 1, 1978
  • Zero-bedroom and Single-Room Occupancy units*
  • Housing for the elderly, or a residential property designated exclusively for persons with disabilities*
  • Properties found to be LBP free by an inspection, or where all LBP has been identified, removed, and clearance achieved
  • An unoccupied property that is to be demolished and remains unoccupied until demolition
  • Emergency repairs to protect life, health, safety or structure
  • Rehabilitation that does not disturb a painted surface
  • Compliance with requirements for testing and remediation may be reasonably delayed due to adverse weather conditions

*Exemption does not apply if a child under six years of age resides or is expected to reside in the dwelling unit

For property owners and administrators where HUD funds are tied to a residential property with a specific location and remains with a particular location throughout the term of the assistance. Owners receive funds, often called Project-Based Rental Assistance or Project-Based Vouchers, to support the property in exchange for reduced rents for low-income tenants.

Programs, i.e.:

  • Housing Opportunities for Persons With AIDS
  • Continuum of Care
  • Shelter Plus Care 
  • FHA Multifamily Housing Program

Note: The subpart applies to the activity, not the program. The list provided is not exhaustive - other activities and programs may require compliance with 24 CFR Part 35.

Applies to programs that use HUD funds to rehabilitate residential properties. Rules may vary based on the levels of federal assistance per unit and hazard remediation carried out.

Programs, i.e.:

  • Community Development Block Grant Program
  • HOME Program
  • HOPE for Homeownership of Single Family Homes
  • Indian Housing Block Grant Program
  • Indian Community Development Block Grant Program
  • Emergency Shelter Grant
  • Housing Opportunities for Persons With AIDS
  • Homeownership of Multifamily Units
  • Supportive Housing Programs
  • Interest Reduction Payment Grant Program
  • Flexible Subsidy-Capital Improvement Loan Program
  • Mark-to-Market Program

Note: The subpart applies to the activity, not the program. The list provided is not exhaustive - other activities and programs may require compliance with 24 CFR Part 35.

Acquisition: Applies to programs that provide HUD funds to help entities, usually homebuyers, acquire residences as one-time assistance without additional rehabilitation assistance.

Leasing and Operations Support: Administrators of programs that provide ongoing federal assistance for residential properties, not including programs where other, more protective subparts apply.

Programs, i.e.:

  • Community Development Block Grant Program
  • HOPE for Homeownership of Single Family Homes
  • Indian Housing Block Grant Program
  • Indian Community Development Block Grant Program
  • Emergency Shelter Grant
  • Housing Opportunities for Persons With AIDS
  • Homeownership of Multifamily Units
  • Supportive Housing Programs
  • Permanent Housing for Handicapped Homeless Persons

Note: The subpart applies to the activity, not the program. The list provided is not exhaustive - other activities and programs may require compliance with 24 CFR Part 35.

Applies to residential property assisted under the U.S. Housing Act of 1937, but not including housing assisted under section 8 of the 1937 Act (Housing Choice Voucher program).

Applies to programs that provide HUD funds to help low-income renters pay their rent where federal rental assistance that is tied to the tenant, with no specific location.

Programs, i.e.:

  • Section 8 certificate and housing choice voucher programs (HCV)
  • HOME Program
  • Continuum of Care Program
  • Shelter Plus Care Program
  • Housing Opportunities for Persons With AIDS
  • Indian Housing Block Grant Program

Note: The subpart applies to the activity, not the program. The list provided is not exhaustive - other activities and programs may require compliance with 24 CFR Part 35.