On October 3, 2016, HUD published Notice H 2016-10, Reminder of Requirements Pertaining to Lead-Based Paint Inspection and Disclosure Forms, and Notification of Upcoming Inspections.
As stated in the Notice, exposure to lead remains a major environmental health problem in the United States. The consequences of an elevated blood lead level, especially for children under the age of six, can be life-long. Neurological development, such as lowered IQ and behavioral problems, are typical issues.
The primary source of childhood lead poisoning is lead-based paint, found in the majority of homes built prior to 1978. HUD has issued 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.
The Notice also places owners and agents (O/As) on notice that REAC inspectors will soon be inspecting portfolios on a nationwide basis, and that if files do not contain the required lead risk assessment or inspection records, and lead disclosure forms, O/As will be asked to provide a copy of the missing reports and forms to designated field office representatives.
If a multifamily property assisted under a HUD program does not have any buildings built 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 will ask if any children under age six live at the property. If there are no children under age six, the property is exempt from the Lead Safe Housing Rule (LSHR). If there are children under six at the property, the LSHR applies to the units in which the children live, any common area servicing those units, and exterior painted surfaces associated with those units or common areas, the inspector will inspect those areas. If some buildings in a property were constructed before 1978, and some in 1978 and later, the property is covered by the LSHR but only the buildings built prior to 1978.
If the property is covered by the LSHR and has been inspected for lead-based paint, the inspector must be shown the lead-based paint inspection report. If the lead-based paint inspection report and the report’s executive summary state that the property has no lead-based paint, there will be no REAC inspection regarding lead.
If the property does not have a lead-based paint inspection report stating that there is no lead-based paint, the inspector must be provided a copy of the lead risk assessment.
Unless the property has no lead-based paint, the inspector will ask for a copy of the lead hazard control plan for the project, as well as evidence of a two-year (biennial) lead reevaluation.
In preparing for upcoming REAC inspections, properties subject to the LSHR must ensure that all required lead-related reports are available for the inspector.