The Department of Housing and Urban Development begins this week phasing in its latest lead-based paint regulations - regs that specifically target federally owned residential property and privately owned housing receiving federal assistance.

The new regulations, designed to curb lead-poisoning in America's children, attempt to fill in some details that were missed in earlier lead-based paint regulation. But the new guides also allow a transition period for some federal housing under certain circumstances.

In general, the latest rules require that owners and managers stabilize any deteriorated lead-based paint, including correction of any moisture leaks or other obvious causes of paint deterioration, as well as repainting.

The rules also require "clearance" after any lead-based paint abatement has taken place "to ensure that the work has been completed, that dust, paint chips and other debris have been satisfactorily cleaned up, and that settled dust has low levels of lead."

The new guides also are more demanding in terms of testing requirements and abatement. All federal housing built before 1960 that contains lead-based paint must inspected, for instance, and any LBP found must be eliminated. Residents must be notified of abatement efforts and the results of those efforts.

Buildings constructed between 1960 and 1977 must be inspected and written risk assessments must be given to occupants.

Additional information on the rules can be found on the HUD Web site: www.HUD.gov.

Along with the new requirements, however, HUD has issued a number of reprieves that will allow some managers and owners to put off compliance.

Opponents to the new, strict regulations claimed that they presented an unreasonable financial burden for property owners; relied upon the existence of a large number of workers skilled in removing lead-based paint; and could have threatened to exacerbate the growing shortage of affordable rental housing.

To help ease some of those problems, HUD has:

First, authorized a six-month transition period for program participants in areas that notify the department by Nov. 15, that they lack the capacity to implement one or more of the provisions.

Second, that properties built after 1960 that are occupied by children under 6 and receiving only tenant-based rental assistance will be provided a 12 month transition period.

Third, properties receiving federal rehabilitation assistance greater than $25,000 that are occupied by the elderly, where no child under 6 resides or is expected to reside, will be provided a 12 month transition period.

HUD emphasized no everyone would be granted a transition period.

The agency said it believed "there is an adequate supply of trained contractors and licensed (certified) personnel to do the work required" in most parts of the country. However, it added, "in certain areas the market for the services required may not yet have reached the point where the requisite expertise is reasonably available."

Published: September 13, 2000

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