HUD PIH Notice § 2017-13

                             U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                    WASHINGTON, DC 20410-5000


OFFICE OF PUBLIC AND INDIAN HOUSING
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES




______________________________________________________________________________
Special Attention of:                  Notice PIH 2017-13 (HA); OHHLHC 2017-01
Office Directors of Public Housing;
Regional Directors; Public Housing        Issued: August 10, 2017
Agencies; Housing Choice Voucher
Property Owners; Healthy Homes            Expires: This notice remains in effect until
Representatives, Lead Enforcement         amended, superseded or rescinded
Analysts
                                          _______________________
                                          Cross References:
                                          24 CFR Part 35


SUBJECT: Guidance on HUD’s Lead Safe Housing Rule Pertaining to Elevated Blood Lead
Levels for the Public Housing, Housing Choice Voucher, and Project-Based Voucher Programs

1. Purpose

This Notice provides general guidance to public housing agencies (PHAs), Housing Choice
Voucher (HCV) property owners and Project-Based Voucher (PBV) property owners on the
required actions they must take when a child in a family receiving public housing, HCV or PBV
assistance is identified as having an elevated blood lead level (EBLL). The notice focuses on (but
is not limited to) recent changes to HUD’s Lead Safe Housing Rule (LSHR) as it relates to
children identified as an EBLL. The Lead Safe Housing Rule is codified as 24 Code of Federal
Regulations (CFR) Part 35, subparts B – R. This Rule was effective February 13, 2017.1 PHAs
were to complete all policy updates and comply with the Rule by July 13, 2017.

The LSHR applies to “target housing,” which, under the LSHR, is any housing constructed prior
to 1978, except housing for households for the elderly or persons with disabilities or any 0-
bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to
reside in such housing ).2

The key changes in the LSHR include revising HUD’s “Environmental Investigation Blood Lead
Level” (EIBLL) to the EBLL, enhancing the level of investigation required for a housing unit of
a child with an EBLL to an “environmental investigation” and adding a requirement for testing
in other covered units when a child is identified in a multiunit property.

This Notice will remain effective until amended, superseded, or rescinded.


1
  82 Federal Register 4151, January 13, 2017.
2
  If a child under age 6, with or without an EBLL, lives in a 0-bedroom unit or a unit that has been designated for
the elderly or persons with disabilities, the unit and the common areas servicing it are covered by not exempt from
the LSHR.
2. Lead Poisoning

Childhood lead poisoning has serious negative consequences on childhood growth and
development. The U.S. Centers for Disease Control and Prevention (CDC) has consistently
affirmed that deteriorated lead-based paint and lead-contaminated dust are the most hazardous
sources of lead exposure in children. Lead-based paint can be found in homes built before 1978,
with an increased prevalence in very old homes with original painted windows, doors, and trim
(Jacobs et al., 2002; Cox et al., 2015).

In 2012, the CDC lowered its reference level for lead in the blood of children under age 6 to
5 micrograms of lead per deciliter of blood, and provided guidance for health departments and
medical professionals at www.cdc.gov/nceh/lead/acclpp/cdc_response_lead_exposure_recs.pdf.
On January 13, 2017, HUD amended the LSHR to align it with CDC’s updated guidance.

Consistent with CDC’s guidance, HUD is now using the reference level of 5 micrograms per
deciliter to identify children with an EBLL. This new level is the blood lead level of the highest
2.5 percent of U.S. children ages 1 to 5 years. CDC may revise this level in the future, and if so,
HUD will update its EBLL as used under the LSHR, via the notice and comment process, as
provided by the definition of EBLL in the amendment (24 CFR 35.110).

However, if a state or local government establishes more protective standards in response to lead
in children’s blood, LSHR’s section 35.150 directs PHAs to follow those standards.

3. Key Definitions for this Guidance

Assisted Units – the Lead Safe Housing Rule covers federally-assisted and federally-owned
“target” housing, which includes units assisted under Sections 8 and 9 of the United States
Housing Act of 1937, as amended.3

Designated Party – for purposes of this Notice, the housing agency or the property owner, as
indicated in the applicable section, is responsible for complying with applicable requirements.

Elevated Blood-Lead Level (EBLL) - elevated blood lead level means a confirmed
concentration of lead in whole blood of a child under age 6 equal to or greater than the
concentration in the most recent guidance published by the U.S. Department of Health and
Human Services (HHS) on recommending that an environmental intervention be conducted.

A confirmed concentration is one that is measured by a venous (from a vein) blood draw, and not
a finger prick/quick capillary screening test.

Environmental Investigation – a risk assessment with additional questions for the family
regarding other sources of lead exposure (e.g., water, pottery, daycare settings), and testing of

3
 In the case of local non-traditional activities under the Moving to Work Demonstration Program, this includes
units funded by Sections 8 and 9.
                                                                                                                 2
other potential sources of lead exposure in accordance with Chapter 16, Investigation And
Treatment Of Dwellings That House Children With Elevated Blood Lead Levels, of HUD’s
Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current
edition) (the HUD Guidelines).4

        Notes: Chapter 16 of the HUD Guidelines includes a detailed description of the
differences between an environmental investigation and a risk assessment. Testing includes, at a
minimum, house dust, paint/coatings that are not intact or subject to friction, and bare soil,
especially in play areas. Testing of drinking water is done in certain circumstances, based on the
family questionnaire, discussion with the child’s case manager, and additional information, such
as knowledge that the community drinking water is known to be at risk; the family’s home is
served by a private well; history suggests contamination; or no other sources of lead can be
found.

Expected to Reside – actual knowledge that a child will reside in a 0-bedroom dwelling unit or
in a dwelling unit reserved or designated for the elderly and/or persons with disabilities. If a
resident woman is known to be pregnant, there is actual knowledge that child will reside in the
dwelling unit.

        Notes: The condition of “actual knowledge” differs from the potential for a child under
age 6 to reside there sometime in the future; the potential does not create an expectation under
the LSHR. While a resident woman being known to be pregnant creates actual knowledge, an
expectation is also created when a child under age 6 or a pregnant woman is otherwise known to
be moving into the unit, such as by the woman or another person having signed a lease or other
rental agreement for the child and/or woman (as applicable) to move in.

Index Unit – the unit where a child with an elevated blood lead level resides.

Multi-unit Property - a residential property containing two or more dwelling units. For the
purposes of the LSHR, all buildings with assisted units or servicing those buildings (e.g.,
garages, toolsheds, etc.) associated with the property are covered by the requirements.

Other Covered Units - federally-assisted units where a child under age 6 resides or is expected
to reside in a multiunit property that has an index unit. The child’s age is considered as of the
date the Environmental Investigation in the index unit and associated common areas is
completed.


Target Housing - any housing constructed prior to 1978, except housing for the elderly or
persons with disabilities or any 0-bedroom dwelling (unless a child of less than 6 years of age
resides or is expected to reside in such housing). In the case of jurisdictions which banned the



4
    https://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/lbp/hudguidelines.
                                                                                                   3
sale or use of lead-based paint prior to 1978, HUD may designate an earlier date.5

        Note: The Consolidated Appropriations Act, 2017 revised the definition of target housing
to include any 0-bedroom dwelling in which a child who is less than 6 years of age resides or is
expected to reside. This guidance reflects that change.

4. Reminder of Requirements for the Project-Based Voucher (PBV) Program

PBV units, while funded through the Tenant-Based Rental Assistance/HCV program
appropriation, are regulated under the LSHR as project-based assistance under 24 CFR Part 35,
Subpart H. This program clarification was issued in a 2004 amendment to the LSHR.6 Under
Subpart H, owners of target housing properties receiving more than $5,000 annually per unit in
project-based assistance are required to ensure that target housing receives a lead risk assessment
by a certified risk assessor, regardless of whether there is a child under age 6 in residence, and
that occupants are notified of the results of the risk assessment.

Owners must ensure that lead-based paint hazards identified by the risk assessment receive
interim controls by a certified renovation or abatement firm, that clearance by a certified risk
assessor is passed before re-occupancy occurs, and that assisted occupants are notified of the
results of the hazard reduction activity. Owners must monitor and maintain any remaining lead-
based paint and the hazard controls, with annual visual assessments and a reevaluation with dust
testing every two years by a certified risk assessor.

Owners in the PBV program are also responsible for complying with notification and response
steps for a child with an EBLL under section 35.730. Because the comprehensive requirements
of Subpart H may not be broadly understood by all PHAs and owners participating in the PBV
program, HUD plans to issue additional guidance to assist them in complying with the
requirements. More information can be found at www.hud.gov/healthyhomes.

5. Summary of Changes and Requirements

The LSHR uses the approach of having a “designated party” responsible for complying with its
requirements under a particular assistance program. Under some subparts of the LSHR, just the
property owner is responsible, under some subparts, just the PHA, and under other subparts, the
owner is responsible for certain activities, and the PHA, for others. Specifically:

      ● For public housing, the PHA is the designated party and is responsible for all the
        activities regarding EBLL response.
      ● For the PBV project-based assistance program, the owner is the designated party and is
        responsible for all the activities regarding EBLL response.
      ● For HCV tenant-based rental assistance program, while the PHA is the designated party,


5
    As of the issuance of this notice, HUD has not done so for any jurisdictions.
6
    69 Federal Register 34262-34276, June 21, 2004.
                                                                                                  4
       the LSHR provides that the owner is responsible for certain EBLL response activities and
       the PHA other EBLL response activities.


The update to the LSHR revised the type of evaluation that must be performed for the housing
unit of a child with an EBLL, and added risk assessment requirements covering certain other
units, and new reporting requirements. Under the new regulations, the evaluation for the child’s
unit must be an environmental investigation.

Public Housing
For public housing, when a child under 6 is identified with an EBLL, the PHA must take the
following steps. (For a more detailed explanation, please refer to section 6.):

   ● Initial notification of a confirmed case to HUD: The PHA must notify the Field Office
     and HUD’s Office of Lead Hazard Control (OLHCHH) of the EBLL case within 5
     business days.
   ● Initial notification of a confirmed case to public health department, when necessary:
     The PHA must notify the public health department of the EBLL case within 5 business
     days when it received the notification of the case from another medical health care
     professional.
   ● Verification of the case, when necessary: If a PHA learns that a child has an EBLL
     from someone other than a medical health care provider, such as from a parent, the PHA
     must immediately verify the report with the health department or medical health care
     provider.
   ● Environmental Investigation: The PHA must conduct an environmental investigation of
     the child’s unit and the common areas servicing that unit within 15 calendar days in
     accordance with Chapter 16 of the HUD Guidelines, as described in section 6 below. If
     lead-based paint hazards are found in the index unit in a multiunit property, perform risk
     assessments in other covered units with a child under age 6 and the common areas
     servicing those units, as described in section 9 below.
   ● Control: The PHA must ensure that any lead-based paint hazards identified by the
     environmental investigation are controlled within 30 calendar days by a certified lead-
     based paint abatement firm or certified lead renovation firm, including having the unit
     and common area pass a post-work dust clearance exam in accordance with section
     35.1340. If lead-based paint hazards are found in the index unit in a multiunit property,
     and the risk assessments in other covered units with a child under age 6 and the common
     areas servicing those units identified lead-based paint hazards, control those lead-based
     paint hazards as described in section 9 below.


   ● Notification to other residents: As already required by the LSHR, in a multiunit
     property, the PHA must notify all residents of lead evaluation and hazard control
     activities.
                                                                                                   5
   ● Follow-up notification: The PHA must notify the HUD Field Office of the results of the
     environmental investigation and then of the lead hazard control work within 10 business
     days of each activity.
   ● Ongoing maintenance and reevaluation: As already required by the LSHR in sections
     35.1120(c) and 35.1355(a), after the work passes clearance, the PHA must ensure that the
     unit and common areas are maintained as lead-safe for continued occupancy, which
     includes no deteriorated paint or failed lead hazard control methods. As also already
     required by the LSHR in section 35.1355(b), the PHA must generally conduct periodic
     reevaluations every two years, using a certified lead risk assessor, and respond to them.
     The reevaluations shall be for: deteriorated paint surfaces unless they are known not to be
     lead-based paint, deteriorated or failed interim controls of lead-based paint hazards or
     encapsulation or enclosure treatments, dust-lead hazards, and soil-lead hazards in newly-
     bare soil. Exceptions from the reevaluation requirement are in section 35.1355(b)(1) and
     (4); the requirements for responding to the reevaluations are in section 35.1355(c).

The following table summarizes the responsibilities of the PHA for compliance when a child in
the public housing program is identified with an EBLL.

                                      Responsible
                                        Entity
Activity                                 PHA
Initial notification to HUD of
                                           √
confirmed case
Verification, if necessary                 √
Initial notification of confirmed
                                           √
case to public health department
Environmental investigation                √
Lead hazard control                        √
Clearance after work completed             √
Follow-up notification to HUD              √
Notification to other residents            √
Ongoing LBP maintenance                    √
Ensuring compliance with LSHR              √


Housing Choice Voucher (HCV) Program
For Housing Choice Voucher (HCV) units, when a child under 6 is identified with an EBLL, the
PHA or the owner, as described below, must take certain steps. (For a more detailed
explanation, please refer to section 6.) For the HCV program, the regulations identify the PHA
as the designated party for ensuring compliance with all the regulations. This includes the same
steps as for public housing, except that the owner is responsible for some of the steps, and the
PHA, other steps. In addition, for several steps, as described below, the PHA may wish to
                                                                                                 6
collaborate with the owner to expedite implementation.

The Owner is responsible for:

   ● Initial notification of a confirmed case to HUD: Notifying the HUD field office and the
     HUD Office of Lead Hazard Control and Healthy Homes of the case – that is, the child’s
     address – within 5 business days. The PHA may wish to collaborate with the owner on
     this notification process, such as by agreeing with the owner to be notified of the case by
     the owner and to forward the notification to the two HUD offices.
   ● Initial notification of the public health department, when necessary: When the
     owner is notified of the case by any medical health care professional other than the public
     health department, the owner shall notify the public health department of the name and
     address of the child within 5 business days. The PHA may wish to collaborate with the
     owner on this notification process, such as by agreeing with the owner to inform the
     public health department.
   ● Verification of the case, when necessary: When the owner receives information from a
     person who is not a medical health care provider that a case may have occurred, the
     owner should immediately convey the information to the PHA so the PHA may notify the
     public health department, if the PHA has indicated, or indicates at this time, that it wishes
     to collaborate with the owner on implementation of the rule, as described below.
   ● Control of lead-based paint hazards: Completing the reduction of lead-based paint
     hazards in the index unit and common areas servicing that unit that were identified by the
     environmental investigation conducted by the PHA within 30 calendar days, using a
     certified lead-based paint abatement firm or certified lead renovation firm. Work shall
     include occupant protection, and clearance of the unit and common areas servicing that
     unit by an independent certified risk assessor or a trained dust sampling technician
     working under the risk assessor in accordance with section 35.1340.
   ● Notification to other residents: As already required by the LSHR, in a multiunit
     property, the owner must notify all residents of lead evaluation and hazard control
     activities.
   ● Ongoing maintenance: Maintaining covered housing without deteriorated paint if there
     is child under 6 in the family in accordance with sections 35.1220 and 35.1355(a).

The PHA is responsible for:

   ● Verification of the case, when notification is not from a medical health care
     provider: The PHA may wish to collaborate with the owner on this verification of an
     EBLL case, such as by agreeing with the owner to receive the information about the
     possible case. The PHA shall immediately verify the information with the public health
     department or other medical health care provider.
   ● Environmental Investigation: Conducting an environmental investigation of the child’s

                                                                                                7
      unit and the common areas servicing that unit in accordance with Chapter 16 of the HUD
      Guidelines, as described in section 6 below. If lead-based paint hazards are found in the
      child’s unit (the index unit) in a multiunit property, see section 9 below regarding risk
      assessments to be conducted in other covered units with a child under age 6 and the
      common areas servicing those units.
  ● Monitoring of owner’s compliance with LSHR: Monitoring the owner’s compliance
    with the LSHR in accordance with the Housing Assistance Payments (HAP) contract
    between the PHA and the owner. PHAs can perform oversight of this in conjunction with
    periodic Housing Quality Standards (HQS) inspections, but not at a frequency less than
    annually if there was deteriorated paint or known lead-based paint hazards identified in
    the child’s unit or common areas servicing that unit. This includes such actions as (see
    above) monitoring the owner’s:
          o Notifying HUD of a confirmed case;
          o Notifying the public health department when any other medical health care
            professional notified the owner of the case;
          o Verifying the case when the owner receives information from a person who is not
            a medical health care provider that a case may have occurred;
          o Ensuring that any required lead hazard control (including passing clearance) is
            complete;
          o Ensuring that residents of other units in a multiunit property were notified of lead
            evaluation and hazard control activities; and
          o Ensuring that ongoing maintenance of paint is conducted in accordance with
            sections 35.1220 and 35.1355(a).
  ● Control: Ensuring the owner completes and clears the control of lead-based paint
    hazards identified in the Environmental Investigation of the index unit and the common
    areas servicing that unit. If lead-based paint hazards are found in the index unit in a
    multiunit property, and the risk assessments in other covered units with a child under age
    6 and the common areas servicing those units identified lead-based paint hazards, control
    those lead-based paint hazards as described in section 9 below.

The PHA may wish to collaborate with the owner on the response, including providing the
names of qualified and certified lead hazard control contractors, providing for the clearance
examination, and ensuring notification to other residents in a multi-unit property.




                                                                                                8
The following table summarizes the responsibilities of PHAs and HCV rental property owners
for compliance when a child in the HCV program is identified with an EBLL.

                                          Responsible Entity
Activity                                PHA       HCV Owner
Initial notification of confirmed case
                                          *             √
to HUD
Verification, when necessary              √             *
Initial notification of confirmed case
to public health department, when         *             √
necessary
Environmental Investigation               √
Lead Hazard Control                                     √
Clearance after work completed            *             √
Notification to other residents                         √
Ongoing LBP Maintenance                                 √
Monitoring of owner’s compliance
                                          √
with LSHR and HQS
* The PHA may wish to collaborate with the owner on implementing
this process, as described above.

Project-Based Vouchers (PBV)
For project-based vouchers, when a child under 6 is identified with an EBLL, the owner must
take the following steps. (For a more detailed explanation, please refer to section 6.) For several
steps, as described below, the PHA may wish to collaborate with the owner to expedite
implementation.

The owner is responsible for:

   ● Initial notification of a confirmed case to HUD: Notifying the HUD field office and
     the HUD Office of Lead Hazard Control and Healthy Homes of the case – that is, the
     child’s address – within 5 business days. The PHA may wish to collaborate with the
     owner on this notification process, such as by agreeing with the owner to be notified of
     the case by the owner and to forward the notification to the two HUD offices.
   ● Initial notification of a confirmed case to public health department, when necessary:
     When the owner is notified of the case by any medical health care professional other than
     the public health department, the owner shall notify the public health department of the
     name and address of the child within 5 business days. The PHA may wish to collaborate
     with the owner on this notification process, such as by agreeing with the owner to inform
     the public health department.
   ● Verification of the case, when necessary: When the owner receives information from a
     person who is not a medical health care provider that a case may have occurred, the
                                                                                                  9
   owner shall immediately convey the information to the public health department, asking
   that department to verify the information to determine whether the child has an EBLL.
   The PHA may wish to collaborate with the owner on this verification process, such as by
   agreeing with the owner to receive the information, convey the information to the public
   health department and ask for that department’s verification, and convey the result of the
   verification to the owner for further action if the case is confirmed or closing out the
   action if not.
● Environmental Investigation: Within 15 calendar days, conducting an environmental
  investigation of the child’s unit and the common areas servicing that unit in accordance
  with Chapter 16 of the HUD Guidelines, as described in section 6 below. The PHA may
  wish to collaborate with the owner on this evaluation process, such as by agreeing with
  the owner to conduct the environmental investigation. If lead-based paint hazards are
  found in the child’s unit (the index unit) in a multiunit property, see section 9 below
  regarding risk assessments to be conducted within 30 or 60 calendar days in other
  covered units with a child under age 6 and the common areas servicing those units
  depending on the number of units.
● Control: The owner must control (and clear) any lead-based paint hazards identified by
  the environmental investigation within 30 calendar days using a certified lead-based paint
  abatement firm or certified lead renovation firm, including having the unit and common
  area pass a post-work dust clearance exam in accordance with section 35.1340. If lead-
  based paint hazards are found in the index unit in a multiunit property, and the risk
  assessments in other covered units with a child under age 6 and the common areas
  servicing those units identified lead-based paint hazards, control those lead-based paint
  hazards within 30 or 90 days depending on the number of units as described in section 9
  below.
● Notification to other residents: As already required by the LSHR, in a multiunit
  property, the owner must notify all residents of lead evaluation and hazard control
  activities.
● Follow-up notification: The owner must notify the HUD Field Office of the results of
  the environmental investigation and then of the lead hazard control work within 10
  business days of the deadline for each activity. The PHA may wish to collaborate with
  the owner on this notification process, such as by agreeing with the owner to be notified
  of the results and then forward them to the Field Office.
● Ongoing lead-based paint maintenance: As already required by the LSHR in sections
  35.715(c) and 35.720(b), after the work passes clearance, the owner must ensure that the
  unit and common areas are maintained as lead-safe for continued occupancy, which
  includes no deteriorated paint or failed lead hazard control methods. The requirements
  for ongoing LBP maintenance are in section 35.1355(a).
● Reevaluation if PBV exceeds $5,000 per unit per year: As already required by the
  LSHR in section 35.715(c), if the PBV is for more than $5,000 per unit per year, the
  owner must generally conduct periodic reevaluations every two years, using a certified
  lead risk assessor, and respond to them. The reevaluations shall be for: deteriorated paint
                                                                                           10
       surfaces unless they are known not to be lead-based paint, deteriorated or failed interim
       controls of lead-based paint hazards or encapsulation or enclosure treatments, dust-lead
       hazards, and soil-lead hazards in newly-bare soil. Exceptions from the reevaluation
       requirement are in section 35.1355(b)(1) and (4); the requirements for responding to the
       reevaluations are in section 35.1355(c).

The PHA is responsible for:

   ● Monitoring of owner’s compliance with LSHR: Monitoring the PBV owner’s
     compliance with the LSHR in accordance with the Housing Assistance Payments (HAP)
     contract between the PHA and the owner. This includes such actions as (see above)
     monitoring the owner’s compliance in:
          o Notifying HUD of a confirmed case;
          o Notifying the public health department when any other medical health care
            professional notified the owner of the case;
          o Verifying the case when the owner receives information from a person who is not
            a medical health care provider that a case may have occurred;
          o Ensuring that any required lead hazard control (including passing clearance) is
            complete;
          o Ensuring that residents of other units in a multiunit property were notified of lead
            evaluation and hazard control activities; and
          o Ensuring that ongoing maintenance of paint is conducted.
       The PHA may wish to collaborate with the owner on this monitoring, such as in ways
       described above.
   ● Housing Assistance Payments Contract monitoring: For the owner to allow the
     resident family to return to full occupancy of their housing unit, the owner must notify
     the family of the completion of work and passing of clearance. Because the PHA will be
     monitoring the owner’s compliance with the LSHR in accordance with the HAP contract
     between the PHA and the owner, the PHA may wish to collaborate with the owner on this
     monitoring process, such as by agreeing to have the owner inform the PHA that the lead
     hazard control (including passing clearance) is complete, and providing documentation.
   ● Lead Hazard Control: Ensuring the owner completes and clears the control of lead-
     based paint hazards identified in the Environmental Investigation of the index unit and
     the common area servicing that unit. If lead-based paint hazards are found in the index
     unit in a multiunit property, and the risk assessments in other covered units with a child
     under age 6 and the common areas servicing those units identified lead-based paint
     hazards, control those lead-based paint hazards as described in section 9 below.
   ● Ongoing monitoring: Units with identified lead-based paint hazards must have annual
     re-examinations for deteriorated paint and/or failed hazard control. This can be done in
     conjunction with periodic HQS inspections, but not at a frequency less than annually if
                                                                                                  11
       there was deteriorated paint or known lead-based paint hazards identified in the child’s
       unit or common areas servicing that unit.

The following table summarizes the responsibilities of the owner for compliance when a child in
the PBV program is identified with an EBLL, and ways in which the PHA can collaborate with
the owner in such a case.

                                         Responsible Entity
Activity                                 PHA      PBV Owner
Initial notification of confirmed
                                        *             √
case to HUD
Verification, when necessary            *             √
Initial notification of confirmed
case to public health department,       *             √
when necessary
Environmental Investigation             *             √
Lead Hazard Control                                   √
Clearance after work completed          *             √
Notification to other residents                       √
Ongoing LBP Maintenance                               √
Periodic Reevaluation and
                                        √             √
Response, if >$5,000/unit/year
Monitoring of owner’s compliance
                                        √
with LSHR
* The PHA may wish to collaborate with the owner on implementing
this process, as described above.

6. Responding to EBLLs, Environmental Investigations, and Lead Hazard Control

Verification:

The first step a PHA or owner, as applicable, based on the type of assistance, or the PHA on
behalf of the owner, if they have decided to collaborate in that way (see section 5, above), must
take when learning of a child with an EBLL from a parent, guardian, or other person or entity
that is not a medical health care provider is to verify the results, and determine whether it is a
confirmed EBLL. In accordance with Chapter 16 of the HUD Guidelines, a confirmed EBLL is
one measured through a venous (i.e., from a vein) blood draw, or two capillary blood specimens,
drawn within 12 weeks of each other, both with elevated lead concentration. If the parent or
guardian suspects that a child under 6 has an EBLL based on a single finger print, they should
see a medical health care provider to obtain confirmation.



                                                                                                  12
PHAs and owners can verify the report with the local health department or the child’s medical
health care provider. For the HCV and PBV programs, the owner may wish to collaborate with
the PHA to notify the PHA of the EBLL within 5 days so that the PHA can notify the public
health department or the child’s medical health care provider.

If the parent or guardian provides the PHA or owner, as applicable, with a written EBLL
diagnosis from a medical healthcare professional, or the public health department notifies the
PHA or owner, as applicable, of the case, no additional verification is needed.

If an EBLL has been reported but not verified, the PHA or owner shall make at least 2 attempts
to verify the information with the medical health care provider or health department. If the
PHA’s verification attempts fail, the PHA must inform the Field Office, which must attempt its
own verification and/or inform OLHCHH, which will attempt the verification.

Once an EBLL has been verified, the PHA (for public housing) or owner (for PBV or HCV
housing), as applicable, must notify their field office representative and OLHCHH within 5
business days. Notifications to OLHCHH must be by done via email to
LeadRegulations@hud.gov. The PHA may wish to collaborate with the owner on this
notification process, such as by agreeing with the owner to be notified of the results and then
forwarding them to the Field Office and OLHCHH.

In the notification to their field office representative and OLHCHH, the PHA or owner, as
applicable, must provide:

   ● PHA code and name, if the PHA is providing the notification, or Owner’s name and
     address, if the owner is;
   ● Date of EBLL test result;
   ● Program (public housing, HCV, project-based vouchers);
   ● Unit address and, if the housing is in a multi-unit property or development, the
     development name; and
   ● Whether the PHA or owner has notified the public health department of the EBLL, or
     been notified by the health department, and the date of that notification.

Information emailed to HUD should not include the child’s name or blood result. This
information is considered personally identifiable information (PII), and is also confidential
medical information which shall be maintained in accordance with the PHA’s policy for private
medical information. If the PHA must transmit PII, it shall be done in a secure manner or in an
encrypted email. For more information on Privacy Protection Guidelines for PHAs, see PIH-
2015-06.

Investigation:

Next, the PHA or owner, as applicable, based on the type of assistance, or the PHA on behalf of
the owner, if they have decided to collaborate in that way (see section 5, above), must next

                                                                                                  13
ensure that a certified Lead-Based Paint Risk Assessor performs an “environmental
investigation,” as defined above, in the child’s home and any common areas that service the unit.

The environmental investigation must be completed within 15 calendar days after verification or
notification by a public health department or other medical health care provider. PHAs and
owners can find certified lead risk assessment firms through either their state lead licensing
agency or EPA’s website at www.epa.gov/lead.

In some cities and counties, the local public health department will evaluate the child’s home for
lead-based paint hazards and other possible sources of lead exposure when a child is found with
an EBLL. In these instances, the PHA or owner, as applicable, is not required to perform an
additional environmental investigation, and can rely on the results of the health department’s
evaluation.

After receiving the results of an environmental investigation (or an evaluation report from the
health department), the PHA must notify their assigned HUD field office contact within 10
business days and the family of the results within15 calendar days. The notifications must
include the date the investigation was completed. If the evaluation was completed in a multiunit
property, the PHA must also notify all residents that an evaluation was completed in accordance
with section 35.125. This must be done by letter or notice delivered to each occupied dwelling
unit affected by the evaluation, and not by central posting. The LSHR prohibits, for the
protection of the privacy of the child and the child’s family or guardians, notice of environmental
investigation being posted to any centrally located common area. (See section 35.125(c)(4)(iii).)

Required Lead-Based Paint Hazard Control

If lead-based paint hazards are identified by the environmental investigation, the hazards must be
addressed within 30 calendar days of receiving the results. This means performing any necessary
lead-based paint hazard control work in the unit and common areas servicing the unit, and
conducting a clearance examination on the unit and common areas when the work is complete.
The work must be performed by a certified lead abatement or lead renovation firm, with the
clearance examination performed by a certified risk assessor or clearance sampling technician as
described in section 35.1340.

The party that does the hazard control work and the clearance examination depends on the
assistance program:

   ● In the public housing program, the PHA is responsible for completing the hazard control
     work and conducting the clearance examination.
   ● In the HCV and PBV programs, the owner is responsible for completing the hazard
     control work and conducting the clearance examination. The PHA may wish to
     collaborate with the owner on conducting the clearance examination, as described in
     section 5, above.

                                                                                                14
The HUD field office must be notified of the lead hazard control work that was completed and
the results of the clearance examination within 10 business days of passing clearance. The party
that does this notification depends on the assistance program:

   ● In the public housing program, the PHA is responsible for notifying the HUD field office.
   ● In the HCV and PBV programs, the owner is responsible for notifying the HUD field
     office. The PHA may wish to collaborate with the owner on notifying the HUD field
     office, as described in section 5, above.

The table below summarizes the timelines for environmental investigations, lead hazard control
work, clearance, and field office notifications when the PHA learns a child has an EBLL.

Activity                                          Timeframe
Notify HUD field office and OLHCHH of             Within 5 business days after verification of
EBLL case                                         the EBLL
Conduct environmental investigation               Within 15 calendar days after verification of
                                                  the EBLL
Notify HUD field office of results of             Within 10 business days after receiving the
environmental investigation                       results of the environmental investigation
Complete lead hazard control work and             Within 30 calendar days of receiving the
clearance                                         results of the environmental investigation.
Notify HUD field office of results of             Within 10 business days after clearance
clearance

7. Index Units

In a case where the child discovered to have an EBLL lives in a multiunit property, the child’s
home is considered the “index unit” under the new regulations. As described in section 9 below,
if the index unit is found to contain lead-based paint hazards, additional evaluation is required for
other assisted target housing units in the property where children under age 6 reside (known as
other “covered units”). Note that a multiunit property can include multiple buildings, and all
buildings are covered if they meet the definition of target housing. This requirement already
existed for public housing under 35.1130(f). Under this new rule, the requirement has been
extended to the HCV and PBV programs.

8. Index Units Recently Tested

An index unit may not need a full environmental investigation under the following scenarios:

   ● An environmental investigation was performed by the health department or another party
     between the time that the child’s blood was last sampled and the date that the PHA,
     designated party or owner (as applicable) was notified of the EBLL. If a risk assessment
     was performed, a certified risk assessment firm can be brought in to conduct the elements
                                                                                                  15
       of an environmental investigation that go beyond the requirements of a risk assessment.
           o If a risk assessment was performed on the unit prior to the date that the child’s
             blood was last sampled, the results of the risk assessment cannot be relied on, and
             a full environmental investigation must be performed.

   ● If the unit is scheduled for redevelopment or demolition, and the tenants are expected to
     be relocated within 45 calendar days. In this scenario, the PHA does not have to perform
     the environmental investigation if the family is relocated within 15 calendar days.
           o In this scenario, the PHA may not know if the index unit contains lead-based
             paint hazards. Without test results, the PHA would have to presume all covered
             units contain lead-based paint hazards.
           o Allowing the family to move from the index unit would not exempt any other
             covered unit in the property from the need for a risk assessment, unless those
             units are also scheduled for redevelopment or demolition and relocation is
             scheduled within 45 days.
           o If the PHA chooses to perform an environmental investigation in the index unit
             anyway, and finds there are no lead-based paint hazards, additional testing or
             expedited relocation of families in covered units would not be necessary.

9. Other Covered Units of the Property (and Common Areas Servicing those Units)

If the environmental investigation indicates there are lead-based paint hazards in the index unit
or common areas servicing that unit, any other assisted units in the property with a child under
age 6 residing (“Other Covered Units”) must receive a risk assessment, as must common areas
servicing those units. This includes other assisted units designated as housing for the elderly
and/or persons with disabilities where a child under age 6 resides or is expected to reside. The
party that conducts the risk assessments depends on the assistance program:

   ● In the public housing program, the PHA conducts the risk assessments.
   ● In the HCV and PBV programs, the owner is responsible for conducting the risk
     assessments. The PHA may wish to collaborate with the owner on conducting the risk
     assessments, as described in section 5, above.

The risk assessments of the other covered units must be conducted within 30 calendar days of
receiving the results of the environmental investigation for a property with 20 other covered units
or fewer, and within 60 calendar days for a property with more than 20 other covered units.

While a PHA or owner may, for its own strategic reasons, choose to conduct risk assessments on
all the other assisted dwelling units with a child under age 6 (or even all the other assisted
dwelling units or all the other dwelling units), random sampling of other covered dwelling units
to be assessed is permissible in properties with more than 20 covered dwelling units for pre-1960
                                                                                                    16
properties, and more than 10 covered dwelling units for 1960-1977 properties. HUD’s sampling
protocol can be found in Table 7.3 of the Guidelines, on page 7-38. For example, for a 1925
multiunit property in which there are 47 other covered units (with certain characteristics
identified in the table) shows that at least 31 units are to be sampled randomly.

If the evaluation was completed in a multiunit property, all assisted residents must be notified
that an evaluation was completed. The party that conducts the resident notification depends on
the assistance program:

   ● In the public housing program, the PHA is responsible for notifying the assisted
     residents.
   ● In the HCV and PBV programs, the owner is responsible for notifying the assisted
     residents. The PHA may wish to collaborate with the owner on notifying the assisted
     residents, as described in section 5, above.

All lead-based paint hazards identified by the risk assessments must be controlled. As under the
original LSHR, if a random sampling of units and/or common areas is used in the risk
assessment, if lead-based paint hazards were found in that sample, all units and/or common areas
represented by the random sampling must have corresponding building components that have
lead-based paint hazards in sampled and un-sampled units controlled, because the components in
un-sampled units are presumed to have lead-based paint hazards.

The table below summarizes the timelines for risk assessments, lead hazard work, and clearance
for other covered dwelling units depending on the number of units in the property.

Activity                         If the Property Has 20 or        If property Has More than
                                 Fewer Other Covered Units        20 Other Covered Units:
Conduct risk assessment          Within 30 calendar days of       Within 60 calendar days of
                                 receiving the results of the     receiving the results of the
                                 environmental investigation      environmental investigation
Complete lead hazard control     Within 30 calendar days of       Within 90 calendar days of
work and clearance               receiving the results of the     receiving the results of the
                                 risk assessment                  risk assessment

10. Exemptions for Other Covered Units

A covered dwelling unit is exempt from needing a risk assessment under the following scenarios:

   ● The property has been certified by a State- or EPA-certified lead inspector as lead-based
     paint free or all lead-based paint has been identified and removed through abatement, and
     clearance has been achieved. Lead-based paint free means that the housing has been
     found to be lead-based paint free by a State- or EPA-certified lead inspector in
     accordance with Chapter 7 of the Guidelines. This exemption would not be applicable to
                                                                                                   17
       units that have undergone lead abatement through enclosure or encapsulation, because
       they still contain lead-based paint behind the enclosure or encapsulant.

   ● The dwelling unit is scheduled for demolition. While units scheduled for redevelopment
     are generally not exempt, language in the preamble to the Final Rule permits exemption
     of a dwelling unit for redevelopment where start of construction and completion of tenant
     relocation is to occur within 45 calendar days (i.e., the sum of the 15-day period for
     conducting the environmental investigation and the 30-day period for conducting lead
     hazard control in the unit). In that scenario, the dwelling unit does not need a risk
     assessment; however, the family must be relocated out of the unit within 15 calendar
     days.

A covered dwelling unit may be exempted from needing a risk assessment if one was recently
performed and hazards were already controlled. Specifically:

   ● The PHA or owner conducted a risk assessment of the covered dwelling unit in question
     and the common areas servicing that unit, and any necessary interim controls on
     identified lead-based paint hazards were performed, including passing clearance. The risk
     assessment and controls must have been performed between the date the child’s blood
     was last sampled and the date the owner received the notification of the elevated blood
     lead level; and
   ● The PHA or owner has documentation of compliance with evaluation, notification, lead
     disclosure, ongoing lead-based paint maintenance, and lead-based paint management
     requirements under this part throughout the 12 months preceding the date the owner
     received the environmental investigation report; and

Certified documentation is provided to the HUD field office to this effect, including copies of the
risk assessment and the results, and a copy of the clearance exam. The party that provides this
documentation depends on the assistance program:

   ● In the public housing program, the PHA is responsible for providing the documentation
     to the HUD field office.
   ● In the HCV and PBV programs, the owner is responsible for providing the documentation
     to the HUD field office. The PHA may wish to collaborate with the owner on providing
     the documentation, as described in section 5, above.

11. Monitoring and Enforcement

HUD may request documentation of compliance with the LSHR at any time, for the HCV, PBV,
and public housing programs.

HCV and PBV Program

PHAs are responsible for ensuring compliance with the regulations, and, for the HCV programs,

                                                                                                18
funding initial lead evaluations, but the HCV or PBV owner has certain requirements that the
PHA must oversee in accordance with their housing assistance payment contract with the owner,
including:

   ● The owner is responsible for promptly notifying the HUD field office and the Office of
     Lead Hazard Control and Healthy Homes of EBLL cases, although the PHA may wish to
     collaborate with the owner on this notification, as described in section 5, above.
   ● The owner is responsible for performing the lead hazard control work, and for
     incorporating ongoing lead-based paint maintenance activities into regular building
     operations (see section 35.1355(a)), including conducting a visual assessment for
     deteriorated paint, dust-lead hazards, bare soil, and the failure of any hazard reduction
     measures at unit turnover and every twelve months.

The PHA can assist owners in finding certified contractors, or in obtaining training and
submitting the documentation to become certified to perform lead hazard control work
themselves. See the EPA lead website, www.epa.gov/lead. PHAs can also opt to have a certified
risk assessor on staff with the PHA becoming a certified risk assessment firm, where required, or
available via contract (the PHA does not have to become a certified risk assessment firm). PHAs
must also ensure units that had lead-based paint hazards identified receive annual and turnover
visual assessments to ensure that the interim controls have not failed and that there is no new
deteriorated paint. The party that conducts the visual assessments depends on the assistance
program:

   ● In the public housing program, the PHA is responsible for conducting the visual
     assessments.
   ● In the HCV and PBV programs, the owner is responsible for conducting the visual
     assessments. The PHA may wish to collaborate with the owner on conducting the visual
     assessments, as described in section 5, above.


If the required evaluation and lead hazard control work is not completed for the index unit or
other covered units within the established timeframes, the dwelling unit(s) shall be considered
out of compliance with HQS. Enforcement may include suspension, reduction, or termination of
housing assistance payments (HAP). If the owner does not meet the requirements after
enforcement, the unit is not in compliance with HQS, and the PHA must terminate the HAP
contract and assist the family in finding a unit that will meet HQS and is lead-safe. A lead safe
unit is one that is either built after 1977, or one built before 1978 that has had a risk assessment,
control of any lead-based paint hazards identified, and met clearance. PHAs should follow the
existing regulations at section 982.404 for HQS enforcement of the HCV and PBV programs
before the family moves in. (If the owner or PHA, as applicable, is unable to comply with the
deadline for lead hazard control work due to weather conditions, the PHA can allow additional
time in accordance with section 35.115(a)(12).)


                                                                                                   19
See the Non-Reporting segment below for guidance on instances when the owner has not
reported an EBLL case to HUD or the public health department, either directly or through the
PHA, or when the PHA, after being notified of an EBLL case by the owner, has not reported the
case to HUD or the public health department, when required.

Public Housing Program

Compliance with the LSHR is included as part of the Capital Fund Program regulations at Part
905 Subpart H. PHAs annually certify compliance with new Capital Fund awards. PHAs that are
not compliant with the LSHR may be subject to Sanctions described at Part 905-804, including
limiting, withholding, reducing, or terminating Capital Fund or Operating Fund assistance.

PHAs that believe properties are exempt from the LSHR because leasing is done exclusively to
elderly or persons with a disability can only qualify for this exemption if 1) the PHAs has a
current, HUD-approved Designated Housing Plans, or 2) as described in the Quality Housing
and Work Responsibility Act of 1998, the housing has been operating continuously as a mixed
housing designated for both elderly and disabled residents. Evidence of the second option must
be made available to HUD upon request. However, the Fair Housing Act prohibits PHA
properties, including those designated for elderly and/or disabled occupancy, from excluding
eligible families with children. Therefore, as described in section 3, regardless of the Designated
Housing Plan, if a child under six resides or is expected to reside in the dwelling unit, that unit
and common areas serving the dwelling unit lose their LSHR exemption.

HUD’s Real Estate Assessment Center (REAC) inspectors will continue to request to view lead
evaluation reports, i.e., reports of lead-based paint inspections, lead risk assessments,
environmental investigations, clearance examinations, and Lead Disclosure Rule forms as part of
regular physical assessments of public housing developments. PHAs should ensure that all
relevant lead paint evaluation records are available at the property for the inspector.


Non-Reporting in HCV, PBV, and Public Housing Programs

If a person becomes aware of an EBLL case where the owner or PHA did not report the EBLL to
HUD or the public health department when required, the person should report the case to the
OLHCHH at LeadRegulations@hud.gov, and to the Office of the Inspector General via the OIG
Hotline at www.hudoig.gov/hotline. Under the Whistleblower Protection Act, it is illegal for
HUD, PHAs, HCV property owners, and PBV property owners to retaliate against their
employees and personal service contractors for disclosing a case to the OIG. See 5 U.S.C. §
2302; 41 U.S.C. § 4712.




                                                                                                20
12. Preparing for Full Compliance

HUD recommends that PHAs that manage public housing take steps now to ensure they can
respond quickly if they are notified of an EBLL case. Preparations can include:

   ● Ensuring that all lead-based paint testing required under the existing LSHR is already
     completed and that records are securely stored at the property and are available for
     inspection.
         o Public housing subject to the existing rule should already have at minimum
             received a lead-based paint inspection, undergone lead-based paint abatement at
             the time of modernization, undergone interim controls of lead-based paint hazards
             identified by risk assessments before the abatement, and passed post-work
             clearance.
         o If any lead-based paint remained after the abatement, it should be monitored as
             part of ongoing building operations to ensure that abatement methods have not
             failed.
   ● Determining whether lead evaluations and hazard control work will be performed by
     trained, certified staff or through contract.
         o If new contracts require approval by the PHA’s Board of Commissioners, the
             process should be started in advance of the need.
   ● Ensuring that all PHA employees who disturb paint in pre-1978 housing (e.g., through
     repairs or scraping) are certified as renovators under EPA’s Renovation, Repair, and
     Painting Rule. More information is in PIH Notice 2011-44 and www.epa.gov/lead.
   ● Updating the Annual Plan and Five-Year Plan (or Moving to Work annual plan and
     report, as appropriate) with any additional testing or abatement not yet completed
     identified for action.
   ● Identifying a current contact person at the local or state health department for
     communication and data sharing. Under the existing LSHR, PHAs are required to
     exchange address data and any known EBLLs with health departments on a quarterly
     basis, so these contacts should have been made, but they may need updating.
   ● Informing residents of the risks of lead-based paint and encouraging them to have young
     children tested for lead in their blood. Blood lead testing is covered by Medicaid and
     often available for free at the local health department. Resident Service Coordinators can
     include obtaining local blood-lead testing as part of the information they make available
     to families with children.
   ● Continuing to disclose known lead-based paint, lead-based paint hazards, and all records
     or reports on lead-based paint or lead-based paint hazards, to residents as part of their
     lease of target housing units. Providing a copy of “Protect Your Family from Lead in
     Your Home” found at www.hud.gov/healthyhomes and www.epa.gov/lead/real-estate-
     disclosure.


                                                                                            21
Preparations for PHAs managing HCV housing should include:

   ● Ensuring that HQS inspectors have completed training in visual assessment for
     deteriorated paint posted at
     www.hud.gov/offices/lead/training/visualassessment/h00101.htm and are performing this
     enhanced visual inspection at initial and periodic inspections in target housing dwelling
     units when a family has a child under age six. (HQS inspectors who are certified lead
     risk assessors do not need the visual assessment training above; the subject is covered in
     their risk assessment course.)
   ● Determining whether lead evaluations will be performed by trained, certified staff or
     through a contract. If staff are to be certified, the PHA’s obtaining certification as a firm
     in the discipline(s) in which the staff will be certified.
   ● Confirming a current contact person at the local or state health department for
     communication and data sharing.
   ● Informing residents of target housing of the risks of lead-based paint and encouraging
     them to have young children tested for lead in their blood. Notify residents of how to
     promptly report EBLLs to the PHA. This may include written notice in the leasing
     package, and/or at the next regular reexamination.
   ● Informing and engaging HCV owners about lead safety and their obligations under the
     LSHR, including the Lead Disclosure Rule. Note that for project-based vouchers (PBV),
     the rules regarding lead-based paint are different from those applying to tenant-based
     vouchers. PHAs with project-based vouchers in their HCV programs should ensure that
     those PBV dwelling units with vouchers for a property valued at over $5,000 per unit per
     year have already received a risk assessment and hazard control as outlined in 24 CFR
     35, Subpart H, 35.700 et seq.; if the PBV vouchers are for no more than $5,000 per unit
     per year, the units should have already received a visual assessment for deteriorated paint
     and paint stabilization as outlined in 24 CFR 35, Subpart H.

13. Data Sharing with Public Health Departments

At least quarterly, the PHA must provide an updated list of their HCV property target housing
addresses to the health department so that the health department may evaluate whether they have
information about incidences of EBLL cases in assisted housing. If the health department does
not want, or is unable, to receive this data, the PHA should document this for HUD compliance
reviews. PHAs should also attempt quarterly to obtain the names and addresses of children under
age 6 with an EBLL that live in their owned or managed housing from the health department. If a
match occurs, the PHA shall comply with all requirements of the LSHR and this guidance.

If a health department agrees to share EBLL information, the PHA must ensure that this
information is protected and maintained as confidential, and is used only for the public health
protection of children and their families from lead exposure.




                                                                                                  22
14. For Further Information

Contact your field office representative, or HUD’s Lead Regulations Hotline, Office of Lead
Hazard Control and Healthy Homes, Programs and Regulatory Support Division, U.S.
Department of Housing and Urban Development, 451 7th Street, SW (8236), Washington, DC
20410, 202-402-7698 (or, for persons who are deaf or hard of hearing, or have speech
disabilities, the Federal Relay (FedRelay) teletype (TTY) number, 800-877-8339, or by other
methods shown at www.gsa.gov/fedrelay), or LeadRegulations@hud.gov.

Information on the functions and activities of the HUD Office of Inspector General (OIG) is at
www.hudoig.gov. Information on whistleblower protection is on the OIG’s website at
www.hudoig.gov/fraud-prevention/whistleblower-protection. To submit a question or complaint
to the OIG, go to the OIG Hotline at www.hudoig.gov/hotline.



                                    _________________/s/__________________________
                                    Dominique Blom, General Deputy Assistant Secretary
                                    for Public and Indian Housing


                                    _________________/s/__________________________
                                    Matthew E. Ammon, Director, Office of Lead Hazard
                                    Control and Healthy Homes

Attachment




                                                                                              23
         Appendix A: Optional PHA or Owner’s Elevated Blood Lead Level Case Checklist

     This checklist is intended as a courtesy for optional use by a public housing authority (PHA) or Owner in
     tracking the main steps for responding to an elevated blood lead level (EBLL) case; it is not intended to
     be submitted to the HUD Field Office nor the HUD Office of Lead Hazard Control and Healthy Homes.

     PHA code (if applicable):

     PHA or owner name:

     Date of EBLL test result:

     Program:          Public housing          Housing choice voucher           Project-based voucher

     Dwelling unit address and (if applicable) development name:

     Required Steps:

__   Verify EBLL case report with medical provider or health department, if report came from elsewhere.
__   Maintain confidentiality for all records related to the EBLL, and ensure the identity of the child or family
     are not disclosed to other residents in multiunit property.
__   Notify health department of EBLL case (if it is not already aware of it) within 5 days (either directly or
     through PHA).
__   Notify HUD field office contact and LeadRegulations@hud.gov of EBLL case within 5 days (either
     directly or through PHA).
__   Engage certified lead risk assessor to perform environmental investigation of child’s unit within 15 days.
__   Notify residents of child’s unit of results of environmental investigation within 15 days directly, but not
     by posting in common area.
__   If lead-based paint hazards are found in the child’s unit or in a common area servicing that unit in a
     multiunit property, engage a certified lead abatement professional or certified renovation firm to control
     the hazards, and a certified lead risk assessor to conduct risk assessments of other assisted dwelling units
     with a child under age six (“other covered units”).
__   In a multiunit property, notify residents that lead-based evaluation will be performed.
__   If lead-based paint hazards are identified in other covered units, engage a certified lead abatement
     professional or certified renovation firm, and notify other residents of the results of the risk assessment
     and that lead hazard control work will be performed.
__   Ensure adequate occupant protection, including temporary relocation for EBLL family and/or other
     families, when required, until their dwelling unit passes clearance.
__   Complete lead hazard control in child’s unit and common area servicing that unit if lead-based paint
     hazards are identified, within 30 days of receiving environmental investigation report.
__   Complete lead hazard control in other covered units and common areas servicing those units if lead-
     based paint hazards are identified, within 30 days of receiving environmental investigation report, if up
     to 20 other covered units, or 90 days, if over 20 other covered units.
__   Ensure all dwelling units and common areas that received lead hazard control pass clearance as
     determined by a certified risk assessor.
__   In multiunit property, notify other residents that lead hazard control work was completed, and results.
     __ Provide all documentation to the HUD field office contact in 10 business days.
     __ Disclose information about lead-based paint hazards and all new records and report to residents upon
              lease initiation or renewal (if not already disclosed).

                                                                                                                1