Implement Tenant Occupancy, LBP Inspection and Risk Assessment, and Ongoing Maintenance
Use the tools below to implement Tenant Occupancy, Paint Inspection and Risk Assessment, and Ongoing Maintenance for PHAs. PHAs must implement lead rules in units and common areas such as laundry rooms, entrance, elevator bays, activity and event rooms, fitness areas, and playgrounds.
Unless the unit is exempt, the PHA must provide a pamphlet, a disclosure form and disclose all known information about LBP, LBP hazards, and mitigation steps. As tenants enter the unit or relocate, it is a good time to remind tenants about looking for deteriorated paint, who to contact if deteriorated paint is located, and the PHA’s policies and procedures.
| 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 from the PHA and be retained with a signed copy of the disclosure form with the tenant file (PHA keeps original). |
| Sample Disclosure Form for Rental English | Spanish |
Provides disclosure form to tenants to show lead hazard activities undertaken. This is given by the PHA. PHAs 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 this information. |
The LSHR applies to all pre-1978 public housing units (unless determined exempt) regardless of occupancy. However, PHAs are encouraged to track occupants with children under 6 years of age and request tenants to inform them if and when their child has an EBLL of 5 micrograms of lead per deciliter of blood or higher since additional requirements apply when an EBLL child is identified.
| Tool Name | Description |
|---|---|
| Sample Public Housing Resident Instructions | Helps residents understand their responsibility and protections to ensure lead safety in pre-1978 units. PHAs can utilize this tool as a template and update based on their specific policies, procedures, and needs. |
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 PHAs were required to conduct LBP Inspections and Risk Assessments, if they had not been previously completed when the LSHR came into effect in 2000. The type of inspection required today depends on the type of documentation and hazard work performed already for the unit.
- If LBP Inspections and Risk Assessments are on file, lead abatement was conducted, and the unit is certified as lead free, no lead evaluation is required.
- If LBP Inspections and Risk Assessments are on file, lead abatement was conducted, but the unit is not certified as lead free, a Visual Assessment is required at unit turnover.
- If LBP Inspections and Risk Assessments are on file and only interim controls were conducted, a new visual assessment is required at unit turnover.
- If no evaluations are on file, LBP Inspections and Risk Assessments are required.
Watch the Inspection Highlights video and Risk Assessment Highlights video to learn the basics of how to complete a LBP inspection and risk assessment.
Tenants are required to contact the PHA maintenance staff if they find deteriorated paint or believe lead hazards are present.
If there is no record of any evaluation on file, then the PHA will start with a LBP inspection. If an LBP inspection has found the presence of LBP, or if no LBP inspection has been conducted, the PHA shall conduct a risk assessment. The risk assessment identifies LBP, dust, and soil hazards. The PHA also provides a notice of evaluation to tenant(s).
If LBP is found, proceed with abatement as described in the Lead Hazard Reduction module. Abatement is the preferred method of hazard reduction since it removes the source of the lead hazard. The PHA must abate LBP and LBP hazards during physical improvements conducted under the modernization of the public housing. If modernization is not currently planned, the PHA should follow interim controls methods until abatement is able to be completed.
The PHA must follow the timelines identified in the requirements at 35.1120 to complete the lead hazard control process of interim controls.
| Tenancy of Unit | Method | Timeline |
|---|---|---|
| Child Under 6 | Interim Controls | Within 90 days of evaluation |
| No children under 6 | Interim Controls | Within 12 months of evaluation |
Targeted evaluation can be utilized for dwellings with more than 5 similar units. View Table 5.10 in the Guidelines for recommendations of the number of units to sample.
If previous inspections or risk assessments were performed, this information should be scrutinized to determine if the housing is still in compliance with the LSHR. If these evaluations were completed before 1999, additional work may have to be done to comply. Because lead hazards can change over time with the degradation of paint, if LBP had been previously found in a unit, in advance of modernization, the PHA must complete a risk assessment, and implement interim controls if hazards are found. Lead risk assessments may be no older than 12 months to be current. Abatement work should be completed during modernization.
Acquisition Evaluation Requirements
Lead inspection and risk assessments are required for each residential property being acquired to be used for public housing regardless of whether rehabilitation will be conducted or not.
| Tool Name | Description |
|---|---|
| Lead Hazard Evaluation Notice – Sample Form | Records the Lead Hazard Evaluation Results and issue to the occupants meeting the disclosure requirements. |
If the PHA units were not abated and certified as lead free, then PHAs must incorporate ongoing maintenance into regular building operations for LBP. PHAs may have their maintenance staff complete maintenance and re-evaluation if they are certified. They can also contract with certified third-party contractors. PHAs complete a Visual Assessment to check for failure of lead hazard reduction work or defective paint at unit turnover or every 12 months.
Interior and exterior deteriorated paint must be stabilized using interim controls (unless no LBP present), safe work practices, and pass clearance. Bare soil should be treated with standard treatments or interim controls. Any encapsulation or enclosure of LBP or LBP hazards which have failed to maintain its effectiveness must be abated. Safely address any failed lead hazard reduction work, pass clearance, and provide notice to residents.
A periodic re-evaluation is conducted by a risk assessor within 2 years of hazard reduction activity and repeated 2 years later. Re-evaluation is ended after two consecutive re-evaluations without finding LBP hazards or failure of encapsulations or enclosure. Watch the Clearance Examination Highlights video to learn the basics of how to complete a clearance examination.
| Tool Name | Description |
|---|---|
| Sample Certification for Ongoing Monitoring and Maintenance | Certifies ongoing maintenance requirements are met. |
| Log of Covered Units - Lead Hazard Assessment and Reduction | Helps track lead hazard assessments and reduction work for other covered units. |
For all work that disturbs paint above the HUD LSHR de minimis level, the work must meet certain HUD and EPA requirements, including paint testing of lead of identified deteriorated paint. If lead is present, 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. PHAs must follow interim controls or abatement.
If a small repair meets the HUD standard for de minimis, complete Part 2 of the LSHR Screening on Exemption or Limited Exemption.
| 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) 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 and Notice PIH 2011-44: Guidance on EPA’s Lead-Based Paint RRP Rule, HUD's LSHR, and the EPA-HUD Lead Disclosure Rule for more information.
Any report of a child under 6 years of age with EBLL requires action by the PHA.
| Tool Name | Description |
|---|---|
| PHA Requirements and Responsible Party | Provides information for PHA staff on EBLL preparation and response while working with a local health department. |
| Notice PIH 2017-13 | Provides Federal guidance on HUD’s LSHR pertaining to EBLL for the Public Housing, HCV, and Project-Based Voucher Programs. |
| Working with your Local Health Department | Provides information for PHA staff on EBLL preparation and response while working with a local health department. |
| Blood Lead Levels in Children: Update for Families in Federally-Assisted Housing | Provides key facts for families on lead and information on working with a PHA when a child is verified with an EBLL. |
| Responding to EBLLS in Children Under Age 6: Guidance for PHA Public Housing Staff | Describes the steps PHA staff takes when a child is verified with an EBLL. |
| Request for Risk Assessment of Other Units – PHA Sample Form | Notifies tenants of an upcoming risk assessment. Although this notification is not required, it is a best practice. |
| PHA EBLL Video Series and Resources | Describes PHA responsibilities for responding to cases of EBLLs in public housing, HCV, and project-based voucher units. |
Additional information can be found in Respond to a Child with an EBLL.