COMMON QUESTIONS ABOUT THE NEW LEAD BASED PAINT REQUIREMENTS FOR SECTION 8 LANDLORDS
Q: WHY IS THE REMOVAL OF LEAD BASED PAINT HAZARDS IMPORTANT?
A: Nearly one million children have blood lead levels above the Center for Disease Control's level of concern. 4.4% of all American children between the ages of 1 and 5 have lead poisoning. These children, who have lead poisoning, suffer from the following: reduction in intelligence, reduced attention span, learning disabilities, permanent damage to the nervous system. The removal of the hazards will help to eliminate poisoning of the children.
Q: HOW CAN YOU GET AN ELEVATED BLOOD LEVEL FROM A LEAD BASED PAINT HAZARDS?
A: According to the Center for Disease Control and Prevention, childhood lead poisoning is the most common environmental disease of young children and it is entirely preventable. Infants, children under six and pregnant women are at the greatest risk of getting lead poisoning.
Prolonged exposure to the following conditions will increase the risk of becoming poisoned: ingestion of lead dust, eating paint chips, contact with friction and impact surfaces (window sills and door jams), deteriorated paint and lead contaminated soil.
Q: WHAT IS DETERIORATED PAINT?
A: The HUD regulation defines deteriorated paint as: "Any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate."
Q: ARE YOUR RENTAL PROPERTIES AFFECTED BY THE NEW REGULATIONS FOR LEAD BASED PAINT?
A: The Department of Housing & Urban Development (HUD) has implemented a new Lead Based Paint (LBP) Rule, 24 CFR Part 35 "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance." This rule is effective on September 15, 2000.
This rule will apply to:
- All housing units that have a child under the age of six (6) years old;
- Common areas serving the unit; and
- The unit is pre-1978 and not lead-free.
Q: WHAT ARE YOUR NEW RESPONSIBILITIES AS A SECTION 8 LANDLORD?
A: The Redford Township Housing Commission will perform our annual Housing Quality Standard inspection; this will include a VISUAL ASSESSMENT. The VISUAL ASSESSMENT is to determine the presence of deteriorated paint. See the definition above.
If deteriorated paint is discovered during our visual assessment:
- You, the landlord, are responsible to ensure paint stabilization of the area. A contractor that has been TRAINED to properly stabilize lead hazards must perform the work. Verification of the contractor's qualifications must be available upon request.
All work must be completed during your normal 30-day time frame for HQS repairs. If the paint stabilization/clearance test does not pass within the allotted time frame, your rent will be abated.
- After the completion of the paint stabilization, you will be required to hire a contractor to perform a Clearance Test. All work and passing of the Clearance Test must be completed within the 30 days, or else rent will be abated. A Clearance Test includes the sampling of areas within the unit to verify the absence of lead hazards. This test will cost approximately $200.
The Redford Township Housing Commission will make available lists of qualified lead hazard reduction contractors for paint stabilization and contractors that conduct Clearance Tests. Your regular handy man, unless certified, will not be permitted to do the work.
If NO DETERIORATED PAINT is discovered during our visual assessment:
- You will pass this section of the Housing Quality Standard inspection.
- You will avoid the extra fees and requirements that are mandated by the Department of Housing and Urban Development.
- Your tenants will be residing in a clean and safe unit.
Q: WHAT SHOULD YOU DO BEFORE A SCHEDULED HQS INSPECTION?
A: The Redford Township Housing Commission highly recommends that you CORRECT any potential deteriorated paint conditions prior to our inspection. If the HQS inspector does not find any peeling, chipping, chalking or cracking paint your unit will PASS the visual assessment*
* Any time a child is identified as having an elevated lead blood level, the unit in which they reside will be subjected testing, irregardless of passing the visual assessment by the Redford Township Housing Commission.
Copies (or a summary) of the new rule, 24 CFR Park 35, are available at www.hud.gov or by contacting the Redford Housing Commission.
You need to know that this is a federal requirement for all housing that receives federal assistance.
