6509.2 REV-5 CHG-2
an historic property, program participants should embrace their use and routinely incorporate them into their preferred and viable options for rehabilitation/lead hazard control plans. When formulating a lead hazard control strategy for a property, program participants must, of course, consider each property’s particular situation and all applicable State lead-based paint requirements. HUD believes that both communities will view the positioning of interim controls as the preferred method of lead hazard control for historic properties as a strategic and sensible policy. Reviewers dealing with historic properties should read the National Park Service's Preservation Brief #37, “Appropriate Methods for Reducing Lead-Paint Hazards in Historic Housing” and encourage program participants to communicate with their SHPOs on these issues. (See Attachment 24-2 in this Chapter on Historic Properties and the Lead Safe Housing Rule.)
Reviewers should note that, when interim controls are used instead of hazard abatement, ongoing lead-based paint maintenance and reevaluation activities are required [24 CFR 35.1355].
Fair housing problems frequently arise from misunderstanding of the Lead Safe Housing Rule. It would be a violation of the Federal Fair Housing Act for housing providers to refuse to rent or sell a unit, even one with lead-based paint hazards, or to provide other services, such as housing rehabilitation, to at-risk households due to their familial or disability status. The Fair Housing Act prohibits discrimination on the basis of familial status (i.e., the presence of children under 18, a poisoned child, or a pregnant woman in the household) and disability. Housing providers are required to tell all prospective tenants/buyers of the danger of moving into units with lead hazards. Housing providers may also recommend alternative units to households with at-risk children (under age 6 or with environmental intervention blood lead levels), pregnant women and adults with lead-based paint sensitivity, and may also give such households priority for lead-treated units. Poisoned children may fall under the definition of persons with disabilities. [See Preamble to the Lead Safe Housing Rule, III.D.7, 64 FR 50158; 24 CFR 100.50(b)(2)].
The following explanation is provided to clarify the applicability of the Rule to dwelling units housing children under age 6. [See 24 CFR 35.115(a)(3); the related definitions at 24 CFR 35.110, and the related explanation in the preamble to the Rule at 64 FR 50149, September 15, 1999.] To minimize confusion, HUD has provided its definition of “expected to reside.”
1.Housing Designated for the Elderly. There is a general exemption from the Rule for “housing for the elderly, or a residential property designated exclusively for persons with disabilities except that this exemption shall not apply if a child less than age 6 resides or is expected to reside in the dwelling unit.” [24 CFR 35.115(a)(3)] (Italics added.)