LSHR Toolkit: Implement

Implement Tenant Occupancy, Visual Assessment, and Ongoing Maintenance

Use the tools below to implement Tenant Occupancy, Visual Assessment, and Ongoing Maintenance for LSSO.

Unless a unit is exempt, the owner 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 Sales
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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.
Special Needs Housing Programs and the Lead Safe Housing Regulations Info Provides information on how the LSHR applies to special needs housing programs such as Housing Opportunities for Persons With Aids (HOPWA) and Emergency Solutions Grants (ESG).
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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 LSSO units must have Visual Assessments for deteriorated paint, paint stabilized, and clearance achieved prior to a resident’s move-in and, if assistance is ongoing, annually as well. Owners must have and implement an ongoing lead paint maintenance plan.

 

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.
Sample Certification for Ongoing Monitoring and Maintenance Certifies ongoing maintenance requirements are met.

Ongoing Relationship

When a grantee or agency has an ongoing relationship with a property, there are additional requirements to ensure that the property remains free of lead hazards over time. An ongoing relationship occurs when there is a continuing, active programmatic relationship between the property and the federally funded program that occurs over a period of time, such as through short-term assistance or services. One-time assistance such as first month’s rent would not trigger this requirement because the relationship must be continuing and active for more than one year between the property and the federally funded program.

For all work that disturbs paint above the HUD LSHR de minimis level, the work must meet certain HUD and Environmental Protection Act (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.

If small repair meets the HUD standard for de minimis, 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.

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.