HUD Federally Assisted Lead-Based Paint Final Rule

TYPE OF ASSISTANCE	TYPE OF PROPERTY	HAZARD REDUCTION REQUIREMENT
Multifamily mortgage insurance - other than conversions and major rehabilitations	Multifamily property constructed before 1960	¨ Risk Assessment ¨ Interim controls until clearance achieved ¨ Ongoing lead-based paint maintenance activities
Multifamily mortgage insurance - other than conversions and major rehabilitations	Constructed after 1959 and before 1978	¨ On going lead-based paint maintenance practices
Multifamily mortgage insurance for conversions and rehabilitations	Multifamily property constructed before 1978	¨ Lead-based Paint Inspection ¨ Abatement of all lead-based paint (exception for historically significant properties)
Project based assistance of up to $5,000 per unit (including Section 8 mod rehab, project-based certificate, etc)	Pre-1978 constructed multifamily or single family	¨ Visual Assessment ¨ Paint Stabilization with clearance ¨ Notice to occupants of results of clearance ¨ Ongoing lead-based paint maintenance If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
Project-based assistance of more than $5000 per unit	Constructed before 1960	¨ Risk Assessment to be completed by September 17, 2001 ¨ Interim controls ¨ Ongoing lead based paint maintenance and re-evaluation Transitional Requirements until Risk Assessment complete: ¨ Ongoing lead based paint maintenance If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
Project-based assistance of more than $5000 per unit	Constructed after 1959, and before 1978	¨ Risk Assessment to be completed by September 15, 2003 ¨ Interim controls ¨ Ongoing lead based paint maintenance and re-evaluation Transitional Requirements until Risk Assessment complete: ¨ Ongoing lead based paint maintenance If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
HUD-owned multifamily property	Constructed pre-1978	¨ Risk Assessment ¨ Interim controls and clearance ¨ Ongoing lead-based paint maintenance and re-evaluation If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
Rehabilitation assistance of up to $5000 per unit	Constructed pre-1978	¨ Conduct paint testing, or presume the presence of lead-based paint If tests show, or lead paint assumed: ¨ Implement safe work practices during rehabilitation work ¨ Perform a clearance examination
Rehabilitation assistance of between $5,000-$25,000 per unit	Constructed pre-1978	¨ Conduct paint testing, or assume presence of lead-based paint ¨ Perform risk assessment ¨ Perform interim controls of all lead-based paint hazards
More than $25,000 per unit in rehabilitation assistance	Constructed before 1978	¨ Conduct paint testing, or assume presence of lead-based paint ¨ Perform risk assessment ¨ Abate all lead-based paint hazards
Sold to a buyer with a HUD mortgage	Pre-1978 constructed single family	The following must occur before the property can be sold: ¨ A visual assessment of all painted surfaces in order to identify deteriorated paint; ¨ Paint stabilization of all deteriorated paint; ¨ Clearance examination Occupancy is not permitted until the above is achieved. If the above are not completed before a sale, they must be carried out by the purchaser before occupancy.
Tenant-based rental assistance	Multifamily property built before 1978 and in which: ¨ Dwelling unit is occupied, or will be occupied by families or households that have one or more children of less than 6 years of age ¨ Common areas servicing a dwelling unit occupied by the above	¨ Visual assessment ¨ Stabilization of deteriorated paint surfaces and clearance ¨ Notice to occupants of results of clearance ¨ Ongoing lead-based paint maintenance activities If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department ¨ Collect data from public health department names of children with an identified environmental intervention blood lead level

RISK ASSESSMENT - an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards, which, in accordance with Title X, include dust-lead and soil-lead hazards, as well as deteriorated lead-based paint, as well as lead-based paint on friction, impact and chewable surfaces. A risk assessment includes limited dust wipe sampling or other environmental sampling techniques, identification of hazard reduction options, and a report explaining the results of the investigation and options for reducing lead-based paint hazards.

CLEARANCE - an examination conducted after hazard reduction, rehabilitation, or maintenance activities (a) to visually determine that deteriorated surfaces that are known or presumed to be lead-based paint have been controlled or abated and that visible dust, debris, paint chips, or other residue have been cleaned up; and (b) to collect samples of settled dust and test them for lead content to determine that no dust-lead hazards remain.

INTERIM CONTROLS - a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.

VISUAL ASSESSMENT - means looking for, as applicable:
(1) Deteriorated paint;
(2) Visible surface dust, debris and residue as part of a risk assessment or clearance examination; or
(3) The completion or failure of a hazard reduction measure.

PAINT STABILIZATION - means repairing any physical defect in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint.

HAZARD REDUCTION - measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls or abatement or a combination of the two.

ABATEMENT - any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards. Abatement includes:
(1) The removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint, and the removal or permanent covering of soil-lead hazards, and
(2) All preparation, cleanup, disposal, and post abatement clearance testing activities associated with such measures.

IREM Analysis 9/20/99 Megan Booth
1

HUD Federally-Assisted Lead-Based Paint Final Rule

TYPE OF ASSISTANCE	TYPE OF PROPERTY	HAZARD REDUCTION REQUIREMENT
Multifamily mortgage insurance - other than conversions and major rehabilitations	Multifamily property constructed before 1960	¨ Risk Assessment ¨ Interim controls until clearance achieved ¨ Ongoing lead-based paint maintenance activities
Multifamily mortgage insurance - other than conversions and major rehabilitations	Constructed after 1959 and before 1978	¨ On going lead-based paint maintenance practices
Multifamily mortgage insurance for conversions and rehabilitations	Multifamily property constructed before 1978	¨ Lead-based Paint Inspection ¨ Abatement of all lead-based paint (exception for historically significant properties)
Project based assistance of up to $5,000 per unit (including Section 8 mod rehab, project-based certificate, etc)	Pre-1978 constructed multifamily or single family	¨ Visual Assessment ¨ Paint Stabilization with clearance ¨ Notice to occupants of results of clearance ¨ Ongoing lead-based paint maintenance If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
Project-based assistance of more than $5000 per unit	Constructed before 1960	¨ Risk Assessment to be completed by September 17, 2001 ¨ Interim controls ¨ Ongoing lead based paint maintenance and re-evaluation Transitional Requirements until Risk Assessment complete: ¨ Ongoing lead based paint maintenance If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
Project-based assistance of more than $5000 per unit	Constructed after 1959, and before 1978	¨ Risk Assessment to be completed by September 15, 2003 ¨ Interim controls ¨ Ongoing lead based paint maintenance and re-evaluation Transitional Requirements until Risk Assessment complete: ¨ Ongoing lead based paint maintenance If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
HUD-owned multifamily property	Constructed pre-1978	¨ Risk Assessment ¨ Interim controls and clearance ¨ Ongoing lead-based paint maintenance and re-evaluation If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department
Rehabilitation assistance of up to $5000 per unit	Constructed pre-1978	¨ Conduct paint testing, or presume the presence of lead-based paint If tests show, or lead paint assumed: ¨ Implement safe work practices during rehabilitation work ¨ Perform a clearance examination
Rehabilitation assistance of between $5,000-$25,000 per unit	Constructed pre-1978	¨ Conduct paint testing, or assume presence of lead-based paint ¨ Perform risk assessment ¨ Perform interim controls of all lead-based paint hazards
More than $25,000 per unit in rehabilitation assistance	Constructed before 1978	¨ Conduct paint testing, or assume presence of lead-based paint ¨ Perform risk assessment ¨ Abate all lead-based paint hazards
Sold to a buyer with a HUD mortgage	Pre-1978 constructed single family	The following must occur before the property can be sold: ¨ A visual assessment of all painted surfaces in order to identify deteriorated paint; ¨ Paint stabilization of all deteriorated paint; ¨ Clearance examination Occupancy is not permitted until the above is achieved. If the above are not completed before a sale, they must be carried out by the purchaser before occupancy.
Tenant-based rental assistance	Multifamily property built before 1978 and in which: ¨ Dwelling unit is occupied, or will be occupied by families or households that have one or more children of less than 6 years of age ¨ Common areas servicing a dwelling unit occupied by the above	¨ Visual assessment ¨ Stabilization of deteriorated paint surfaces and clearance ¨ Notice to occupants of results of clearance ¨ Ongoing lead-based paint maintenance activities If a child of under 6 years of age, has an environmental intervention blood lead level the owner must conduct: ¨ Risk assessment ¨ Verification ¨ Hazard reduction ¨ Notice of reduction ¨ Report on child to public health department ¨ Collect data from public health department names of children with an identified environmental intervention blood lead level