Sample Instructions for Property Owners with Tenants Receiving Tenant
Based Rental Assistance (TBRA)

To better protect young children from the dangers of lead based paint in
their homes, the Department of Housing and Urban Development has issued
The Lead Safe Housing Rule (24 CFR 35)

-   An estimated 890,000 children have too much lead in their bodies.

-   Nationwide an estimated 38 million homes have lead based paint.

-   The most common source of lead hazards are generated in a
    residential environment.

The Lead Safe Housing Rule applies to rental units leased under the
Tenant Based Rental Assistance (TBRA) Program. TBRA Rental units
affected are those:

-   Built before January 1978 in which children under the age of six
    years are expected to live

The Lead Safe Housing Rule affects the way City and Landlords with TBRA
units will do their business in the following ways:

-   The City will conduct physical inspections before move-in and
    annually thereafter.

-   All painted surfaces, interior and exterior, must be inspected for
    defective paint (not just those within reach of a child).

-   If deteriorated paint is identified, the paint must be stabilized.
    Paint stabilization must be done by qualified workers using safe
    work practices (see Attachment 2).

-   Once work on the defective paint surface is completed and the
    surrounding area cleaned, the City's certified inspector will
    conduct a clearance examination. Dust samples will be sent to a
    certified laboratory for testing. This may require two days.

-   The \[[City or Landlord]{.mark}\] will pay for the first clearance
    examination.

-   If a unit fails the clearance examination, the \[[City or
    Landlord]{.mark}\] is responsible for re-cleaning the unit and
    hiring a certified clearance examiner to perform a second clearance.

-   No TBRA contract can be effective or renewed until the unit passes
    the clearance test.

-   After work is complete, the Landlord must provide a Notice of Lead
    Hazard Reduction to the resident (see Attachment 3).

-   As long as a TBRA contract remains in place, the city will conduct
    annual inspections for deteriorated paint.

-   As long as a TBRA contract remains in place, the landlord is
    required to stabilize any deteriorated paint in a lead-safe manner
    (see Attachment 4).

The following resources are provided to help you implement these
requirements:

1)  Attachment 1: Summary of old and new requirements

2)  Attachment 2: Instructions on how to stabilize paint

3)  Attachment 3: Sample Notice of Lead Hazard Reduction

4)  Attachment 4: Instructions for ongoing maintenance

The City will work with Landlords to facilitate compliance and help you
find qualified workers. For more information, please contact
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

# Attachment 1: Summary of Old and New Requirements

The City and landlords have always taken some steps covered by the new
rules. The following shows basic steps or action required for compliance
with the new Lead Safe Housing Rule.

+---------------------------------+------------------------------------+
| **Previously Required**         | **Required Since the Lead Safe     |
|                                 | Housing Rule Became Effective**    |
+---------------------------------+------------------------------------+
| Landlords sign the Lead Based   | Same                               |
| Paint Disclosure Form when a    |                                    |
| request for Lease Approval is   |                                    |
| submitted for a unit.           |                                    |
+---------------------------------+------------------------------------+
| Lead Hazard Information         | Same                               |
| Pamphlet is provided and        |                                    |
| explained to tenants at their   |                                    |
| briefing by the Housing Office  |                                    |
+---------------------------------+------------------------------------+
| When children under six will be | A visual assessment will be made   |
| or are living in a pre-1978     | of all exterior and interior       |
| unit, the HQS inspector looks   | painted surfaces on pre-1978 units |
| for defective paint.            | in which children under the age of |
|                                 | 6 will be or are living.           |
|                                 |                                    |
|                                 | The city will assume the defective |
|                                 | surfaces contain lead-based paint. |
|                                 |                                    |
|                                 | At their own expense, landlords    |
|                                 | have the option to test the paint  |
|                                 | to confirm the presence of lead    |
|                                 | based paint. If the test results   |
|                                 | show no lead-based paint is        |
|                                 | present, the rules do not apply.   |
|                                 |                                    |
|                                 | Surfaces subject to assessment     |
|                                 | include the interior and exterior  |
|                                 | surfaces of the unit, common areas |
|                                 | connecting to the unit or used by  |
|                                 | one or more children under age six |
|                                 | (on-site play areas and child care |
|                                 | facilities)                        |
+---------------------------------+------------------------------------+
| Landlords must properly remove  | Before the tenant moves in or      |
| and dispose of chipping,        | before an annual contract is       |
| peeling paint from reachable    | renewed, all defective surfaces    |
| surfaces.                       | must be corrected by trained       |
|                                 | workers or workers supervised by a |
|                                 | certified supervisor or            |
|                                 | contractor. All work must be done  |
|                                 | using safe work practices.         |
+---------------------------------+------------------------------------+
| Follow-up inspection is made by | After the work is complete, the    |
| City to confirm HQS repairs are | City's Certified Clearance         |
| made.                           | Inspector will inspect the work    |
|                                 | done to correct the defective      |
|                                 | paint. The inspector will collect  |
|                                 | several wipe samples for clearance |
|                                 | testing.                           |
+---------------------------------+------------------------------------+
|                                 | The City will send the test        |
|                                 | samples to a certified laboratory  |
|                                 | for testing which will require 2   |
|                                 | to 3 days.                         |
|                                 |                                    |
|                                 | The City or Landlord will pay for  |
|                                 | the first clearance test. If the   |
|                                 | test fails, the City or Landlord   |
|                                 | will be required to pay for        |
|                                 | follow-up tests.                   |
+---------------------------------+------------------------------------+
|                                 | The City will notify landlords of  |
|                                 | the test results. Landlords must   |
|                                 | notify tenants of the clearance    |
|                                 | test results.                      |
+---------------------------------+------------------------------------+
| Contracts are not effective     | Contracts will not be effective    |
| until a unit passes HQS         | until a unit passes HQS            |
| inspection and leases are       | inspection, which will now include |
| executed by both landlord and   | the lead based paint clearance     |
| tenant.                         | test, and leases are executed by   |
|                                 | both landlord and tenant.          |
+---------------------------------+------------------------------------+

# Attachment 2: Paint Stabilization Instructions

Repairing, removing or maintaining lead-based paint improperly can
spread lead-contaminated dust throughout the home. It is very important
to use safe work methods when working on surfaces that may contain
lead-based paint.

1.  **Use qualified workers**. In homes receiving HUD assistance,
    **paint stabilization must be done by workers who are specially
    trained in lead safe work practices**. Alternatively, the workers
    may be supervised by a state-certified abatement supervisor. The
    city can help you identify properly trained contractors.

2.  **Use the proper equipment**. You will need the proper tools and
    supplies to do the job correctly. In addition to tools such as
    scrapers and putty knives, it is important to have: A HEPA vacuum (a
    vacuum equipped with a very fine filter capable of filtering very
    small particles of lead); double sided mop bucket and mop; a good
    household detergent; ample disposable paper towels or rags; plastic
    sheeting; tack cloth; disposal waste bags; wet sanding blocks; and
    misting bottle filled with water.

3.  **Set up the work area properly**. The key is to contain the dust
    and debris created by the work. Create a barrier between the work
    area and the rest of the house. Use plastic sheeting over the
    doorways to seal off the area and protect the rest of the house from
    exposure. Work over a plastic drop cloth (never use cloth) to catch
    any debris created as a result of paint removal. Wear disposable
    shoe covers and remove them before exiting the work area, or step
    onto a tack cloth to remove paint chips and dust from the soles of
    shoes. Keep doors and windows closed to prevent dust from blowing
    and close off vents to central air or heating systems to avoid
    spreading dust to other parts of the house. Remove all furniture, or
    cover tightly with plastic sheeting. Do not allow children or
    pregnant women into the work area.

4.  **Use safe work practices**. Never remove lead-based paint by
    dry-sanding, dry scraping or burning. Use power sanders, grinders,
    and planers only with a HEPA exhaust attachment. Using your misting
    bottle, wet the painted surface before sanding with a wet sanding
    block, or scraping. Be sure to work over a plastic drop cloth to
    catch any large particles. Do not eat, smoke or chew gum while
    working.

5.  **Clean as you work**. Be sure to wet clean the areas you are
    working on as you go along. Though it will be necessary to clean the
    entire house at the end of the project, it is important to clean as
    you work in order to keep lead-contaminated dust from spreading.
    Clean using a good household detergent. Rinse your cleaning utensils
    in clean water.

6.  **Dispose of waste properly**. When the work is done, mist the
    plastic sheeting with water to keep down the dust. Roll the plastic
    sheet up, keeping the dirty side in. Pick up any paint chips or
    other debris that may have fallen elsewhere. Be sure to place all
    disposable items used in the repair and clean up into plastic waste
    bags. The bags must be tightly sealed and properly can be disposed
    of with the household trash\*. Once the bags are sealed, do not
    reopen them.

7.  **Have dust sampling done**. You must have clearance (also called
    dust sampling) done after the paint has been stabilized and the work
    area cleaned. The results of this test will tell you if your work
    practices and final cleaning have been effective at removing
    lead-contaminated dust.

-   Check with your State lead program to make sure that there is no
    regulation prohibiting this.

# Attachment 3: Sample Notice of Lead Hazard Reduction

Property
Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Today's Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

## Summary of the Hazard Reduction Activity:

Start
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Completion Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Location and type of activity.** (List the location and type of
activity conducted or attach a copy of the summary page from the
clearance report or the lead hazard scope of work providing this
information.)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

## Date(s) of clearance testing:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Summary of results of clearance testing:

(a) \_\_\_\_\_\_\_\_\_\_\_\_\_ No clearance testing was performed.

(b) \_\_\_\_\_\_\_\_\_\_\_\_\_ Clearance testing showed clearance was
    achieved.

(c) \_\_\_\_\_\_\_\_\_\_\_\_\_ Clearance testing showed clearance was
    not achieved.

List any components with known lead-based paint that remain in the areas
where activities were conducted. List the location of the component
(e.g. kitchen-door, bedroom-windows).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

## Person who prepared this summary notice

Printed
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Signature:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Organization:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Fax:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Owner:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Give to Property Owner with work-write up)

If you have any questions about this summary, please contact
\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_\_\_.

## 

## Attachment 4: Ongoing Monitoring and Maintenance Requirements

Take the following steps to make sure that paint is not deteriorating
and creating lead-contaminated dust and paint chips. This will help
prevent children from being lead poisoned.

1.  **Regularly** **Check Repairs for Deterioration, Paint Chips, and
    Dust**

Property owners must monitor painted surfaces at least annually and at
unit turnover. Check to see if:

-   New evidence of deterioration or paint failure is present.

-   The cause of the problem was corrected.

1.  **Maintain Surfaces and Work Safely**

-   Stabilize deteriorated paint;

-   Use safe work practices and qualified workers for all maintenance
    activities;

2.  **Perform Clearance**

-   Clean thoroughly after all maintenance work;

-   Perform clearance in the work area;

-   Use a certified clearance examiner (risk assessor, paint inspector,
    or lead sampling technician);

-   If the work area does not pass clearance, reclean and perform
    clearance again

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-   **Note** -- safe work practices and clearance are not required when
    maintenance or hazard reduction activities do not disturb painted
    surfaces below the de minimis thresholds defined below:

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-   20 square feet (2 square meters) on exterior surfaces;

-   2 square feet (0.2 square meters) in any one interior room or space;
    or

-   10 percent of the total surface area on an interior or exterior type
    of component with a small surface area (such as window sills,
    baseboards, and trim).