HUD Releases Guidance on Lead Free Rule

On August 10, HUD released Notice PIH 2017-13 (HA)/OHHLHC 2017-01, titled “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.” This Notice provides information 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 HCV or PBV assistance is identified as having an elevated blood lead level (EBLL). On January 13, HUD published its “Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead Levels” (Lead-Free) final rule that amended HUD’s lead-based paint regulations (LSHR) on reducing blood lead levels in children under age 6 who reside in federally-owned or -assisted housing that was built pre-1978. The final rule also formally adopted the revised definition of “elevated blood lead levels” (EBLLs) in children under the age of 6 in accordance to the guidance of the Centers for Disease Control (CDC). The compliance date for the final rule was July 13.

This Notice provides a summary of changes and requirements that PHAs and other applicable entities must follow in light of the final rule. The Notice discusses the type of evaluation that must be performed for the housing unit of a child with EBLL. This Notice also describes a PHA’s responsibility in these instances depending upon whether the unit in question is a public housing unit, a housing choice voucher unit, or a project-based voucher unit.

This Notice further discusses the ways in which PHAs are required to respond to EBLLs, perform environmental investigations, and achieve lead hazard control. This includes: how to verify an EBLL, steps required to complete the environmental investigation, and requirements to meet lead-based paint hazard controls. This Notice also discusses which units PHAs are required to perform risk assessments on.

Lastly, this Notice discusses monitoring and enforcement for the lead-free final rule and provides a list to help PHAs prepare for full compliance.

For more information on HUD’s lead free final rule, click here (members only).

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