LSHR Toolkit: Implement

Implement Tenant Occupancy, Risk Assessment, Hazard Reduction, and Ongoing Maintenance

Use the tools below to implement Tenant Occupancy, Visual Assessment, and Ongoing Maintenance for PBA for multifamily units over $5,000/unit/year.

Unless the unit is exempt, the owners must provide a pamphlet, a disclosure form and disclose all known information about LBP, LBP hazards, and mitigation steps.

Tool Name Description
Protect Your Family from Lead in Your Home Pamphlet Ensures tenants are aware of lead safety. The tenant who signs the lease/rental agreement should receive this pamphlet and it should be retained with a signed copy of the disclosure form in the tenant file (property owner keeps original).
Sample Disclosure Form for Rental
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Provides disclosure form to tenants to show lead hazard activities undertaken. This is given by the owners/landlords. Owners use the form to disclose all known information, including no knowledge, of the presence of LBP and hazard reduction work, and tenants must acknowledge receipt of the owner’s information.

Owners/landlords are encouraged to track occupants with children under 6 years of age and request tenants inform them if and when their child has an EBLL of 5 micrograms of lead per deciliter of blood or higher.

Tool Name Description
Owner’s Guide to Identifying and Tracking Occupants and Expected Occupants under 6 Years Old Helps track units that are subject to the LSHR for visual assessment for TBRA and risk assessment for PBA, hazard reduction, clearance, and response to EBLL.
TBRA and PBA Resident Instructions Helps residents understand their responsibility and protections to ensure lead safety in pre-1978 units.
Log of Covered Units – Lead Hazard Assessment and Reduction Helps track lead hazard assessments and reduction work for other covered units.
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State and Local Rules: Many states and localities have their own rules for lead evaluation and hazard reduction. These may be more stringent or just different from the federal rules, but in all cases at least the items above must be completed.

All PBA units over $5,000/unit per year must have a Risk Assessment to identify LBP, dust, and soil hazards, and provide a notice of evaluation to tenant(s). Interim controls are used prior to a resident’s move-in. Visual Assessments of PBA units also must check for any failure of previous hazard control measures and new deteriorated paint and bare soil. Owners must have and implement an ongoing lead paint maintenance plan.

Tool Name Description
Request for Risk Assessment of Other Covered Units – Sample Form Notifies tenants of an upcoming risk assessment.
Lead Hazard Evaluation Notice - Sample Form Records the Lead Hazard Evaluation Results and issue to the occupants meeting the disclosure requirements.

For all work that disturbs paint above the HUD LSHR de minimis the work must meet certain HUD and Environmental Protection Agency (EPA) requirements, including paint testing or the presumption of lead. If lead is present or presumed, then lead safe work practices and worker/occupant protection procedures must be implemented and documented. View the Hazard Reduction Module for more information on these procedures.

Tool Name Description
Sample Certification for Ongoing Monitoring and Maintenance Certifies ongoing maintenance requirements are met.
Log of Visual Assessment and Resolution Report Records when the inspector, trained in visual assessment techniques, performed the visual assessment and documents the location, how much (area) deteriorated paint was found, and owner's responsibility to treat and clear the hazards.

If small repair meets the HUD standard for de minimis or an emergency exists, complete Part 2 of the LSHR Screening on Exemption or Limited Exemption. A unit can only be fully exempt if no paint will be disturbed.

Tool Name Description
LSHR Screening on Exemption or Limited Exemption Determines if there is a one-time small repair exemption for some requirements.

Ongoing Maintenance

An annual assessment (either a Visual Assessment or Risk Assessment, depending on year) must be conducted for failure of lead hazard reduction work or defective paint.

  • If there is deteriorated LBP paint, interim controls, pass clearance, and provide Notice of Lead Hazard Reduction Activities to residents.
  • If there is failed lead hazard reduction work, safely repair, pass clearance, and provide Notice of Lead Hazard Reduction Activities to residents.

Visual Assessments are required annually and at unit turnover; they can also be performed as part of the reevaluation activity. Periodic re-evaluation must be conducted within two years of hazard reduction activity and repeated two years later. This ends after two consecutive re-evaluations without finding LBP hazards or failure of encapsulations or enclosure.

Year After Hazard Reduction Work Completed Type of Assessment Required Notes
1 Visual Assessment  
2 Risk Assessment If no hazards are identified, no response is required. Repeat in two years.
3 Visual Assessment  
4 Risk Assessment If no hazards in first and second reevaluations, subsequent reevaluations can be discontinued.
5 Visual Assessment  
6 Visual Assessment Visual Assessment allowed moving forward.

Additional EPA Requirements

The EPA requires that all work disturbing paint in pre-1978 residential properties above the Renovation, Repair, and Painting (RRP) rule de minimis level (different from HUD LSHR) follow certain requirements, similar to, but separate from the LSHR requirements. See the Guidance on Reconciliation of RRP and LSHR for more information.

Any report of a child under 6 years of age with an elevated blood lead level requires following the guidance in Respond to a Child with an EBLL.