The U.S. Department of Housing and Urban Development (HUD) has issued a new regulation to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government or being sold by the government. The regulation, "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance," was published in the Federal Register on September 15, 1999 (64 FR 50140).
The regulation which consolidates all of HUD's existing regulations in one part of the Code of Federal Regulations (CFR) generally takes effect September 15, 2000; one particular section of the regulation, which outlaws certain work practices at affected properties, is effective November 15, 1999. Covers:
- Prohibited Techniques
- General Requirements and Exemptions
- Housing Subject to Rule
- Worker Training
- Economic Considerations
- Additional Resources
IMPORTANT 2009 UPDATE
In March 2008, EPA issued regulations (Renovation, Repair and Painting (RRP) Regulations) imposing comparable--but not identical--regulations on owners of market-rate pre-1978 housing.
In a move that will surely cause confusion among property owners, the RRP rules diverges from these Lead Safe Housing (LSH) regulations for federally assisted properties. For instance, the RRP rules are triggered when six square feet of painted surface are disturbed, not the two square feet trigger used in all other lead-based paint regulations. There are numerous other inconsistencies as well.
The RRP rules, which go into effect in April 2010, state that federally assisted properties must comply with the more stringent elements of both the LSH and RRP regulations.
Full DocumentFinal Lead Based Paint Regulations in Assisted Housing
- EPA Withdraws Agency Guidance Regarding Property Management Lead Renovation, Repair and Painting Rule
- NMHC Leads Industry in Calling on EPA to Withdraw Notice Concerning the Toxic Substances Control Act (“TSCA”) Lead Renovation, Repair and Painting Rule (“RRP Rule”)
- Industry Coalition Comments on EPA’s “Withdrawal of Two Answers to Frequent Questions About Property Management Companies and the Toxic Substances Control Act Lead-Based Paint Renovation, Repair, and Painting Rule”
- Real Estate Coalition Amicus Brief in Support of EPA Lead Hazard Level Definition
- GAO Releases Report on Lead Testing for Housing Choice Voucher (HCV) Program Properties