HUD Housing Notice § 2016-10

               U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                     WASHINGTON, DC 20410-8000




 Office of Housing


Special Attention of:                                Notice H 2016-10

Multifamily Regional Center/Hub Directors            Issued: October 3, 2016
Multifamily Program Center Directors
Multifamily Directors of Project Management          Expires: This notice remains in effect
Multifamily Field Counsel                            until amended, revoked, or superseded.
Multifamily Owners and Management Agents

                                                  Cross References: HUD’s Regulations on
                                                  Lead-Based Paint Poisoning Prevention in
                                                  24 CFR Part 35
_______________________________________________________________________________
SUBJECT: Reminder of Requirements Pertaining to Lead-Based Paint Inspection and
            Disclosure Forms, and Notification of Upcoming Inspections

1. Purpose.

        The tragic events in Flint, Michigan, and elsewhere involving children and families harmed
by lead in drinking water serve as a critical reminder for HUD and its program participants to be
ever vigilant on the possibility of lead-based paint hazards in housing units, constructed before
1978, assisted under HUD programs, especially those in which children age six or under reside.

        Exposure to lead remains a major environmental health problem in the United States. The
consequences of an elevated blood lead level, especially young children under the age of six,
especially on neurological development, such as lowered IQ and behavioral problems, can be life-
long. Nationally, children's blood lead levels have decreased since the banning of lead based paint
and leaded gasoline, among other federal actions. The greatest reductions have occurred among low
income and minority children, the groups most likely to have elevated blood lead levels, although
these disparities persist.

        We know through our many years of work in housing that children having an elevated blood
lead level is entirely preventable. We also know that the primary source of childhood lead
poisoning is lead-based paint, found in the majority of homes built before 1978.




                                  www.hud.gov       espanol.hud.gov
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        HUD is committed to eliminating and controlling lead hazards in its properties as far as
practicable, as well as using HUD assistance to improve health outcomes. HUD is issuing this
Notice to remind Multifamily Owners and Management Agents of the need to retain lead-based
paint risk assessment and inspection records, and lead disclosure forms in accordance with the
requirements of HUD’s Lead-Based Paint Poisoning Prevention regulations in 24 CFR Part 35.

2. Notification of Upcoming REAC Inspections

        This notice serves to provide notification that a Real Estate Assessment Center (REAC)
inspector will soon be inspecting one or more developments within your portfolio, and that,
where files do not contain the required lead risk assessment or inspection records, and lead
disclosure forms, then, in accordance with HUD’s regulations to make these records available to
HUD (24 CFR 35.175), you will be asked to provide a copy of the missing reports and forms to
your designated field office representative. An electronic copy is preferred, but if you are unable
to scan and email the materials, please respond in email or writing to your designated field office
representative to make alternate arrangements. If the property does not meet the definition of
target housing at 24 CFR sections 35.86 and 35.110, no report is required.

3. Lead Inspection, Risk Assessment and Reevaluation Reports, Lead Hazard Control Plans,
   and Disclosure Forms

Lead-Based Paint Inspection and Risk Assessment and Reevaluation Reports, and Lead
Hazard Control Plans:

        If a multifamily property assisted under a HUD program does not have any buildings
constructed before 1978, or if the pre-1978 property is listed by the owner in Multifamily Housing
records as being designated for the elderly or for persons with disabilities, the inspector must ask if
any children under age 6 live in the property. If the property representative says no, the inspector
checks NA, and the REAC inspection regarding lead is completed because the property is exempt
from the Lead Safe Housing Rule (LSHR). If the building has been designated to Multifamily
Housing as elderly and/or disabled, the REAC inspector will indicate this in comments. If the
property representative says yes, the LSHR applies to the dwelling units in which the children
reside, any common areas servicing those units, and exterior painted surfaces associated with those
units or common areas, and the inspector continues the LSHR inspection. Note that, for the purpose
of determining whether a building is covered by the LSHR, the inspector must use the building
construction year, not the date of any “gut rehab” or other renovations. If some buildings in a
property were constructed before 1978, and some after 1977, the property is covered by the LSHR
but only regarding those buildings constructed before 1978.

        If the property is covered by the LSHR, the inspector must ask the property representative if
the property has ever been inspected for lead-based paint. If the property representative says no, the
inspector checks NO. If the property representative says yes, the inspector must ask to see the lead-
based paint inspection report. If the property representative produces a lead-based paint inspection
report the inspector checks YES. If the property representative cannot produce a lead-based paint
inspection report, the inspector checks NO. If the property representative produces a lead-based
paint inspection report and report’s executive summary says that the property has lead-based paint,
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the inspector checks YES regarding Lead-Based Paint Present. If executive summary says that the
property has no lead-based paint, the inspector checks NO regarding Lead-Based Paint Present, and
the REAC inspection regarding lead is completed.

        If the property is covered by the LSHR, and the property does not have a lead-based paint
inspection report for which the executive summary says that the property has no lead-based paint,
the inspector must ask the property representative if the property has ever had a lead risk
assessment. If the property representative says no, the inspector checks NO. If the property
representative says yes, the inspector must ask to see the risk assessment report. If the property
representative produces a lead hazard control plan the inspector checks YES. If the property
representative cannot produce a lead risk assessment report, the inspector checks NO. If the
property representative produces a lead hazard control plan and plan’s executive summary says that
the property had lead-based paint hazards, the inspector checks YES regarding Lead-Based Paint
Hazards Found. If executive summary says that the property had no lead-based paint hazards, the
inspector checks NO regarding Lead-Based Paint Found.

        Unless the property covered by the LSHR has no lead-based paint, the inspector must ask
the property representative if the property has a lead hazard control plan (also called a lead-based
paint management plan). If the property representative says no, the inspector checks NO. If the
property representative says yes, the inspector must ask to see the lead hazard control plan. If the
property representative produces a lead hazard control plan the inspector checks YES. If the
property representative cannot produce a lead hazard control plan, the inspector checks NO.

        Unless the property covered by the LSHR has no lead-based paint, the inspector must ask
the property representative if the property has had its two-year (biennial) lead reevaluations
conducted since the risk assessment was conducted. If the property representative says no, the
inspector checks NO. If the property representative says yes, the inspector must ask to see all of the
biennial lead reevaluation reports. If the property representative produces all of the biennial lead
reevaluation reports, the inspector checks YES. If the property representative cannot produce all of
the biennial lead reevaluation reports, the inspector checks NO.

Lead-Based Paint Disclosure Form:

        Inspectors are required to request the lead-based paint disclosure form from the property
representative, for buildings covered by the Lead Disclosure Rule, the same target housing coverage
described above for the LSHR. (As noted above, if some buildings in a property were constructed
before 1978, and some after 1977, the property is covered by the Lead Disclosure Rule but only
regarding those buildings constructed before 1978. For the purpose of determining whether the
lead-based paint disclosure form is applicable, the inspector must use the building construction year,
not the date of any “gut rehab” or other renovations.) If the building has been designated to
Multifamily Housing as elderly and/or disabled, and the property representative has said that no
children under age 6 live in the property, the REAC inspector will indicate this in comments, and
the Lead Disclosure inspection is complete. If children under age 6 do live in the designated
property, the Lead Disclosure Rule applies to the dwelling units in which they reside, any common
areas servicing those units, and exterior painted surfaces associated with those units or common
areas, and the inspector continues the Lead Disclosure Rule inspection.
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        Under HUD regulations in 24 CFR Part 35, all multifamily housing owners or management
agents must have records of a lead-based paint evaluation (e.g. lead-based paint inspection or lead
risk assessment), and completed lead-based paint hazard reduction. (See 24 CFR sections
35.92(c)(1), 35.175 and 35.710.) Regardless of the date of these testing and hazard control, the
housing owner or management agent must maintain copies of these records and disclose them to
residents according to HUD’s Lead Disclosure regulations in 24 CFR Part 35, Subpart A.

4. For Further Information

       If you have technical questions about the Lead Safe Housing Rule, contact the Lead
Regulations Hotline at 202-402-7698 or LeadRegulations@HUD.gov. For general
information about lead safety, contact the EPA/HUD National Lead Information
Clearinghouse at 800-424-LEAD (5323). Persons with hearing or speech impairments may
access these numbers via TTY by calling the Federal Relay Service at 1-800-877-8339.


                                                                     ________________
                              Edward L. Golding
                              Principal Deputy Assistant Secretary