Att 6_Enforcement of Title X and LSHR

Attachment 6

Healthy Homes and Lead Poisoning Prevention Surveillance System
(HHLPPSS)
Enforcement of Federal Lead Disclosure Rule Section 1018 of Title X and Lead-Safe Housing Rule
(45 CFR 164.512(b)

Form Approved
OMB No. 0920-0931
Exp. Date 5/31/2018

Healthy Homes and Lead Poisoning Prevention Surveillance System (HHLPPSS)

The information requested on this form is collected under the authority of the Public Health Service Act [Section 301 (42
U.S.C. Section 241 and Section 247b-1 and 247b-3)]. Limited identifiable data (e.g., address or location) will be shared with
the U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency (and others) for the
purpose of assessing compliance and enforcing regulations to protect children’s environments.

Public reporting burden for this collection of information is estimated to average 4 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB control number. Send comments regarding this burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to:
CDC/ATSDR Reports Clearance Officer; 1600 Clifton Road, MS D-74, Atlanta, GA 30333, ATTN: PRA (0920-0931).

Subpart F_HUD-Owned Single Family Property
40 CFR Part 745 Subpart F (refer to Supporting Statement A)
Source: 64 FR 50209, Sept. 15, 1999, unless otherwise noted.
Sec. 35.500 Purpose and applicability.
The purpose of this subpart F is to establish procedures to eliminate as far as practicable lead-based paint hazards in HUDowned single family properties that have been built before 1978 and are sold with mortgages insured under a program
administered by HUD. The requirements of this subpart apply to any such residential properties offered for sale on or after
September 15, 2000. Sec. 35.505 Definitions and other general requirements.
Definitions and other general requirements that apply to this subpart are found in subpart B of this part.

Subpart H--Project-Based Assistance
24 CFR Part 35 Subpart H (refer to Supporting Statement A)
Source: 64 FR 50210, Sept. 15, 1999, unless otherwise noted.
Sec. 35.700 Purpose and applicability.
(a) This subpart H establishes procedures to eliminate as far as practicable lead-based paint hazards in residential
properties receiving project-based assistance under a HUD program. The requirements of this subpart apply only to
the assisted dwelling units in a covered property and any common areas servicing those dwelling units. This subpart
does not apply to housing receiving rehabilitation assistance or to public housing, which are covered by subparts J
and M of this part, respectively.
(b) For the purposes of competitively awarded grants under the Housing Opportunities for Persons with AIDS Program
(HOPWA), the Supportive Housing Program (42 U.S.C. 11381-11389) and the Shelter Plus Care Program projectbased rental assistance and sponsor-based rental assistance components (42 U.S.C. 11402-11407), the requirements
of this subpart shall apply to grants awarded pursuant to Notices of Funding Availability published on or after
October 1, 1999. For the purposes of formula grants awarded under the Housing Opportunities for Persons with
AIDS Program (HOPWA) (42 U.S.C. 12901 et seq.), the requirements of this subpart shall apply to activities for
which program funds are first obligated on or after September 15, 2000.
Sec. 35.705 Definitions and other general requirements.
Definitions and other general requirements that apply to this subpart are found in subpart B of this part.
Sec. 35.710 Notices and pamphlet.
Notice. If evaluation or hazard reduction is undertaken, each owner shall provide a notice to occupants in accordance with
Sec. 35.125. A visual assessment alone is not considered an evaluation for the purposes of this part.
Lead hazard information pamphlet. The owner shall provide the lead hazard information pamphlet in accordance with Sec.
35.130.
Sec. 35.715 Multifamily properties receiving more than $5,000 per unit.
The requirements of this section shall apply to a multifamily residential property that is receiving an average of more than
$5,000 per assisted dwelling unit annually in project-based assistance.

Risk assessment. Each owner shall complete a risk assessment in accordance with Sec. 35.1320(b). A risk assessment is
considered complete when the owner receives the risk assessment report. Until the owner conducts a risk assessment as
required by this section, the requirements of paragraph (d) of this section shall apply. After the risk assessment has been
conducted the requirements of paragraphs (b) and (c) of this section shall apply. Each risk assessment shall be completed no
later than the following schedule or a schedule otherwise determined by HUD:
Risk assessments shall be completed on or before September 17, 2001, in a multifamily residential property constructed
before 1960.
Risk assessments shall be completed on or before September 15, 2003, in a multifamily residential property constructed after
1959 and before 1978.
(c) Interim controls. Each owner shall conduct interim controls in accordance with Sec. 35.1330 to treat the lead-based
paint hazards identified in the risk assessment. Interim controls are considered completed when clearance is
achieved in accordance with Sec. 35.1340. Interim controls shall be completed no later than the following schedule:
(1) In units occupied by families with children of less than 6 years of age and in common areas servicing those units,
interim controls shall be completed no later than 90 days after the completion of the risk assessment. In units in
which a child of less than 6 years of age moves in after the completion of the risk assessment, interim controls shall
be completed no later than 90 days after the move-in.
(2) In all other dwelling units, common areas, and the remaining portions of the residential property, interim controls
shall be completed no later than 12 months after completion of the risk assessment for those units.
(d) Ongoing lead-based paint maintenance and reevaluation activities. Effective immediately after completion of the
risk assessment required in Sec. 35.715(a), the owner shall incorporate ongoing lead-based paint maintenance and
reevaluation into the regular building operations in accordance with Sec. 35.1355, unless all lead- based paint has
been removed. If the reevaluation identifies new lead- based paint hazards, the owner shall conduct interim controls
in accordance with Sec. 35.1330.
Transitional requirements—
(1) Effective date. The requirements of this paragraph shall apply effective September 15, 2000, and continuing until the
applicable date specified in Sec. 35.715(a)(1) or (2) or until the owner conducts a risk assessment, whichever is first.
(2) Definitions and other general requirements that apply to this paragraph are found in subpart B of this part.

(3) Ongoing lead-based paint maintenance. The owner shall incorporate ongoing lead-based paint maintenance activities
into regular building operations, in accordance with Sec. 35.1355(a), except that clearance is not required.
(4) Child with an environmental intervention blood lead level. If a child of less than 6 years of age living in a dwelling
unit covered by this paragraph has an environmental intervention blood lead level, the owner shall comply with the
requirements of Sec. 35.730.
Sec. 35.720 Multifamily properties receiving up to $5,000 per unit, and single family properties.
Effective September 15, 2000, the requirements of this section shall apply to a multifamily residential property that is
receiving an average of up to and including $5,000 per assisted dwelling unit annually in project-based assistance and to a
single family residential property that is receiving project-based assistance through the Section 8 Moderate Rehabilitation
program, the Project-Based Certificate program, or any other HUD program providing project-based assistance.
(a) Activities at initial and periodic inspection.
(1) Visual assessment. During the initial and periodic inspections, an inspector trained in visual assessment for
deteriorated paint surfaces in accordance with procedures established by HUD shall conduct a visual assessment of
all painted surfaces in order to identify any deteriorated paint.

(2) Paint stabilization. The owner shall stabilize each deteriorated paint surface in accordance with Sec. 35.1330(a) and
Sec. 35.1330(b) before occupancy of a vacant dwelling unit or, where a unit is occupied, within 30 days of
notification of the results of the visual assessment. Paint stabilization is considered complete when clearance is
achieved in accordance with Sec. 35.1340.
(3) Notice. The owner shall provide a notice to occupants in accordance with Secs. 35.125(b)(1) and (c) describing the
results of the clearance examination.
(b) Ongoing lead-based paint maintenance activities. The owner shall incorporate ongoing lead-based paint maintenance
activities into regular building operations in accordance with Sec. 35.1355(a), unless all lead-based paint has been removed.
(c) Child with an environmental intervention blood lead level. If a child of less than 6 years of age living in a dwelling unit
covered by this section has an environmental intervention blood lead level, the owner shall comply with the requirements of
Sec. 35.730.
Sec. 35.725 Section 8 Rent adjustments.
HUD may, subject to the availability of appropriations for Section 8 contract amendments, on a project by project basis for
projects receiving Section 8 project-based assistance, provide adjustments to the maximum monthly rents to cover the costs
of evaluation for and reduction of lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992.
Sec. 35.730 Child with an environmental intervention blood lead level.
(a) Risk assessment. Within 15 days after being notified by a public health department or other medical health care
provider that a child of less than 6 years of age living in a dwelling unit to which this subpart applies has been
identified as having an environmental intervention blood lead level, the owner shall complete a risk assessment of
the dwelling unit in which the child lived at the time the blood was last sampled and of common areas servicing the
dwelling unit. The risk assessment shall be conducted in accordance with 35.1320(b) and is considered complete
when the owner receives the risk assessment report. The requirements of this paragraph apply regardless of whether
the child is or is not still living in the unit when the owner receives the notification of the environmental intervention
blood lead level. The requirements of this paragraph (a) shall not apply if the owner conducted a risk assessment of
the unit and common areas servicing the unit between the date the child's blood was last sampled and the date when
the owner received the notification of the environmental intervention blood lead level. If a public health department
has already conducted an evaluation of the dwelling unit, the requirements of this paragraph shall not apply.
(b) Verification. After receiving information from a person who is not a medical health care provider that a child of less
than 6 years of age living in a dwelling unit covered by this subpart may have an environmental intervention blood
lead level, the owner shall immediately verify the information with the public health department or other medical
health care provider. If that department or provider verifies that the child has an environmental intervention blood
lead level, such verification shall constitute notification, and the owner shall take the action required in paragraphs
(a) and (c) of this section.
(c) Hazard reduction. Within 30 days after receiving the report of the risk assessment conducted pursuant to paragraph
(a) of this section or the evaluation from the public health department, the owner shall complete the reduction of
identified lead-based paint hazards in accordance with Sec. 35.1325 or Sec. 35.1330. Hazard reduction is considered
complete when clearance is achieved in accordance with Sec. 35.1340 and the clearance report states that all leadbased paint hazards identified in the risk assessment have been treated with interim controls or abatement or the
public health department certifies that the lead-based paint hazard reduction is complete. The requirements of this
paragraph do not apply if the owner, between the date the child's blood was last sampled and the date the owner
received the notification of the environmental intervention blood lead level, already conducted a risk assessment of
the unit and common areas servicing the unit and completed reduction of identified lead-based paint hazards.
(d) Notice. If evaluation or hazard reduction is undertaken, each owner shall provide a notice to occupants in
accordance with Sec. 35.125.
(e) Reporting requirement. The owner shall report the name and address of a child identified as having an
environmental intervention blood lead level to the public health department within 5 working days of being so
notified by any other medical health care professional.

Sec. 35.510 Required procedures.
The following activities shall be conducted for all properties to which this subpart is applicable:
A visual assessment of all painted surfaces in order to identify deteriorated paint;
Paint stabilization of all deteriorated paint in accordance with Sec. 35.1330(a) and (b); and
Clearance in accordance with Sec. 35.1340.
Occupancy shall not be permitted until all required paint stabilization is complete and clearance is achieved.
If paint stabilization and clearance are not completed before the closing of the sale, the Department shall assure that paint
stabilization and clearance are carried out pursuant to subpart R of this part by the purchaser before occupancy.
Please see .pdf attachment: HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R.