6509.2 REV-5 CHG-2
Additionally, sellers are required to provide buyers with a 10-day opportunity to conduct an evaluation (inspection or risk assessment) for the presence of lead-based paint and/or lead-based paint hazards (or an inspection period of a different and mutually agreeable length).
All of this information must be provided before the buyer or lessee is obligated under any contract to buy or lease target housing, including both new leases and lease renewals. As applicable, project files should contain evidence that lessors and buyers:
a.received the lead warning statement and the lead information pamphlet;
b.received the owner’s lead disclosure; and
c.offered prospective buyers a period of time to obtain a lead evaluation of the property, even if such opportunity is waived by the buyer.
2. This Rule requires that program participants or other “designated parties” keep the following documents for at least three years: each notice of evaluation or lead hazard reduction, evaluation report, and clearance or abatement report, as applicable (see 24 CFR 35.175).
For example, HOME program participants are required by the program regulation at 24 CFR 92.508(a)(7)(vi) to keep records demonstrating compliance with Part 35 Subpart A (for the Lead Disclosure Rule, if the program participant is selling or leasing the property) and Subparts B, H, J, K, M, and R (for the Lead Safe Housing Rule). If a program participant could provide the reviewer with evidence that residents were notified, but couldn’t provide a copy of the notice itself, it would be a violation of the HOME regulation at 24 CFR 92.508(a)(7)(vi) and the Lead Safe Housing Rule’s record retention provision at 24 CFR 35.175.
The Lead Safe Housing Rule’s Subpart J, on rehabilitation, requires that a Consolidated Plan program participant notify occupants of housing where CDBG-assisted lead hazard control work was conducted and the results of that work and retain records for three years [see 24 CFR 35.910(a) which references 24 CFR 35.125]. The Consolidated Plan regulation at 24 CFR 91.225(b)(7) requires the participant to submit a certificate that its activities will comply with Subparts A (if the program participant is selling or leasing the property) and Subparts B, J, K and R of Part 35. If the jurisdiction does not have the compliance certificate, it would be a violation of the Consolidated Plan regulation.