LSHR Toolkit: Implement

Implement Acquisition Assistance Activities

Use the tools below to implement communication with Buyers, Initial Visual Assessment, and Repair Work for acquisition.

Unless a unit is exempt, all buyers must receive a pamphlet, a disclosure form, and the seller must 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 Sales
English | Spanish
Provides disclosure for buyers to show lead hazard activities undertaken.

A buyer has the option to test the unit for LBP and cancel a purchase contract if LBP hazards are present. The seller must provide full disclosure of the property’s lead history and ensuring that safe work practices and clearance is achieved if any repair or renovations are conducted as a condition of sale.

Tool Name Description
Guidance on the Homebuyer's Option to Test Explains a homebuyer’s right to conduct a lead hazard evaluation.
Sample Letter to Lenders, Realtors, and Title Companies Provides a sample letter to send regarding lead safety standards.
Sample Seller Certification Form Certifies that all deteriorated paint was identified and stabilized using safe work practices.
lightbulb

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 units must be free of deteriorated paint at purchase or before occupancy or immediately upon being assisted.

lightbulb

Visual Assessment
A visual assessment VA is an inspection by a trained inspector to identify deteriorated paint, paint chips, dust, and other debris. Online HUD Visual Assessment training is recommended for all housing counselors and inspectors.

 

Tool Name Description
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.

Special situation for homebuyer programs: If the owner decides to use the option to test, and the program, rather than the buyer, manages the evaluation for the presence of LBP or LBP hazards, then the owner must receive a Notice of Lead Hazard Evaluation, even if the test results include negative findings.

For all work that disturbs paint above the HUD LSHR de minimis level, the work must meet certain HUD and Environmental Protection Agency (EPA) requirements, including optional paint testing or the presumption of lead of identified deteriorated paint. 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.

When does repair work become Rehabilitation?

Repair or rehabilitation work is Rehabilitation based on a regulatory formula that determines the per unit amount of federal assistance.

If over $5,000, follow Subpart J: Rehabilitation. If there is acquisition and repair under $5,000, follow Subpart K. Subpart K requires paint stabilization of all applicable surfaces, which is more stringent than the requirements under $5,000 in Subpart J.

Additional EPA Requirements

The EPA requires that all work disturbing paint in pre-1978 residential properties above the Renovation, Repair, and Paint (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.