CHAPTER 2. REQUIREMENTS

2-1. NOTIFICATION REQUIREMENTS.

a\. The previous regulation (24 CFR Part 35) required PHAs to

notify tenants of the dangers of lead poisoning and of the

advisability and availability of blood lead level

screening. However, the former regulation only applied to

tenants and purchasers of pre-1950 HUD associated housing,

while the new regulation applies to pre-1978 housing.

Therefore, because of the difference in the requirements,

PHAs are required to notify their current tenants and

homebuyers in public housing constructed between 1950 and

1978 and all other tenants and homebuyers who did not

receive the Notice as provided in Appendix I or II of 24

CFR Part 35, 41 FR 28876, dated July 13, 1976.

b\. PHAs are required to provide all current tenants

(including elderly tenants) and homebuyers of lower income

public housing constructed prior to 1978 with a copy of

Appendix 1 or 1A (Spanish version), \"Watch Out for Lead-

Based Paint Poisoning - Notification.\" PHAs must notify

these tenants, using the revised official notice within a

reasonable time, or at least at tenant recertification.

c\. PHAs are required to provide all applicants for units

constructed prior to 1978 or lower income homeownership

structures constructed prior to 1978 with Appendix 1 or

1A, \"Watch Out for Lead-Based Paint Poisoning -

Notification.\" Appendix 1 or 1A shall be given to these

applicants when they submit a rental or purchase

application.

d\. PHAs are required to inform tenants and applicants of the

advisability and availability of blood lead level

screening. PHAs should encourage tenants and applicants to

have their children under 7 years of age tested for

elevated blood lead levels. PHAs shall advise tenants and

applicants to immediately inform the housing agency of an

elevated blood lead level condition when it is identified

so that the PHA can initiate testing and abatement actions,

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if necessary, as required by 24 CFR 965.705, or relocate

the tenants to a lead-free unit. In order to properly

inform tenants and applicants of available blood lead

screening, PHAs should become aware of the blood lead

screening services available in the city/county/state in

which the PHA is located. PHAs should document their

efforts to inform current tenants and applicants of the

availability and advisability of blood lead level

screening.

2-2. EVIDENCE OF RECEIPT OF NOTIFICATION. PHAs are required

to maintain records which provide evidence that the required

notification has been received by tenants and purchasers of

lower income housing projects constructed before 1978. Appendix

1 or 1A shall be used to notify tenants and purchasers of the

hazards of lead-based paint. The signature portion of Appendix

1 or 1A shall be retained in the PHA\'s tenant file for three

years after the tenant vacates the unit.

2-3. PHA MAINTENANCE REQUIREMENTS.

a\. During routine, periodic unit inspections, PHAs are

required to visually inspect units in family projects

contructed prior to 1978 for defective paint surfaces. If

defective paint surfaces are identified, PHAs are required

to treat these surfaces by covering or removing the

defective paint spot. Treatment of defective paint spots

may be accomplished by scraping the defective paint from

the surface, washing down the area with a strong detergent

(high phosphate type if permitted by state or local law),

and then repainting the surface with two coats of non

leaded paint. Treatment of these surfaces is to be

completed within a reasonable period of time when

discovered during routine periodic unit inspections.

b\. At unit turnover, when the incoming family includes a

member 7 years of age or under, PHAs are required to

visually inspect units in family projects constructed prior

to 1978 for defective paint surfaces. If defective paint

surfaces are identified, PHAs are required to treat these

surfaces by covering or removing the defective paint spot.

Treatment of defective paint spots may be accomplished by

scraping the defective paint from the surface, washing down

the area with a

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strong detergent (high phosphate type if permitted by state

or local law), and then repainting the surface with two

coats of non leaded paint. Treatment in the case of unit

turnover is to be completed prior to occupancy.

2-4. REQUIREMENTS FOR CHILDREN IDENTIFIED WITH AN EBL.

a\. Resident EBL Child. When a child residing in a PHA-owned

lower income housing project is identified as having a

confirmed EBL, the PHA is required to:

\(1\) Test all chewable surfaces and defective paint

surfaces in the EBL child\'s unit for lead-based paint

hazards within five days after notification of the

identification of the EBL child. PHAs may also test

the non chewable applicable surfaces. Testing of

exteriors and common areas (including non dwelling PHA

facilities which are commonly used by the EBL child)

will be done as considered necessary and appropriate

by the PHA and HUD.

\(2\) Lead-based paint hazards identified in the EBL

child\'s unit are required to be abated within 14 days

after positive testing, unless funding sources are not

immediately available. If funds are not available,

reprogramming of previously approved CIAP funds, or

emergency modernization funds, shall be requested

immediately.

\(3\) In lieu of (1) and (2) the PHA may choose to transfer

the family to a post-1978 unit or a unit which has

been previously tested and found to be free of lead-

based paint hazards or abated of lead-based paint

hazards.

\(4\) If the EBL child uses the PHA-owned or operated child

care facility, the PHA is also required to test for

and abate\* (where positive) lead-based paint hazards

in that facility.

\* When necessary, tenants, especially children with EBLs and

pregnant women shall be relocated during abatement in order to avoid

any possible exposure to health hazards.

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b\. Applicant Family with EBL Child. When an applicant family

has a child with an identified EBL, the PHA is required to:

\(1\) Test for lead-based paint hazards on all chewable

surfaces and defective paint surfaces in the unit to

be assigned. PHAs may also test the non chewable

applicable surfaces. Testing of exteriors and common

areas (including non dwelling PHA facilities which are

commonly used by children) will be done as considered

necessary and appropriate by the PHA and HUD.

Abatement\* of identified lead-based paint hazards

shall take place prior to occupancy; or

\(2\) The PHA may chose to assign the family to a post-1978

unit or a unit which has been previously tested and

found to be free of lead-based paint hazards or abated

of lead-based paint hazards.

c\. Non-Resident EBL Child Using a PHA-Owned or Operated Child

Care Facility. Where a non resident EBL child is using a

PHA-owned or operated child care facility, PHAs are

required to test and abate\* (where positive) the lead-based

paint hazards in the facility.

\* When necessary, tenants, especially children with EBLs and

pregnant women shall be relocated during abatement in order to

avoid any possible exposure to health hazards.

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