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6509.2 REV-5 CHG-2

CHAPTER 24

Lead-based paint compliance

24-1PURPOSE.  This chapter explains how to monitor compliance with the requirements of the HUD/EPA Lead-Based Paint Disclosure Rule and HUD’s consolidated lead-based paint regulation, known as the Lead Safe Housing Rule.  Both Rules implement the Residential Lead-Based Paint Hazard Reduction Act of 1992 (the “Act”).  The Act is also known as “Title X” because it is Title X (“ten”) of the Housing and Community Development Act of 1992.  Information on HUD’s lead-based paint regulations is available from the Office of Healthy Homes and Lead Hazard Control’s (OHHLHC’s) website at: http://www.hud.gov/offices/lead.

A.

Lead Disclosure Rule.  The Lead Disclosure Rule was published on March 6, 1996, at 24 CFR Part 35, Subpart A.  The Lead Disclosure Rule requires sellers and lessors to disclose known information about lead-based paint and lead-based paint hazards, including records and reports, in most pre-1978 housing.  It implements section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d.

B.

Lead Safe Housing Rule. The Lead Safe Housing Rule, implementing sections 1012 and 1013 of Title X, was published on September 15, 1999, at 24 CFR Part 35, subparts B through R, and amended on June 21, 2004.  The Lead Safe Housing Rule is designed to help ensure that Federally assisted housing, and Federally-owned housing being disposed of, does not pose lead-based paint hazards to young children.  A technical amendment to this regulation was published in the Federal Register on June 21, 2004.  Reviewers should use the amended version.  

C.  historic properties.  Information about fair housing issues and monitoring projects in historical properties is included in Section 24-8 of this Chapter.

24-2Applicability of the Lead rules in 24 CFR part 35.  

A.

LEAD DISCLOSURE RULE (24 CFR Part 35, Subpart A).  This Rule applies to all transactions to sell or lease target housing, including subleases, with the exception of the following:  

1.

sales of target housing at foreclosure;

2.

leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a Federally accredited State or tribal certification program;

3.

short-term leases of 100 days or less, where no lease renewal or extension can occur;

24-103/2008

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