6509.2 REV-5 CHG-2
The statutory intent of Title X was for HUD to issue regulations covering target housing receiving federal housing assistance. “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child of less than 6 years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling. This exemption means that, in the case of housing designated for the elderly or disabled which is normally exempt, the exemption is limited to units where children under 6 do reside. When children under age 6 reside in units normally designated for the elderly or disabled, the Rule applies. Therefore, in regard to this exemption, “expected to reside” means that there is actual knowledge that a child will reside in a dwelling unit reserved for the elderly or designated exclusively for persons with disabilities. If a resident woman is known to be pregnant, there is actual knowledge that a child will reside in the dwelling unit.
Tenant-Based Rental Assistance. A second occurrence of this concept occurs in the Lead Safe Housing Rule’s Subpart M, “Tenant-Based Rental Assistance.” The Rule states, in 24 CFR 35.1200(b), that this subpart applies only to units “occupied or to be occupied by families that have one or more children of less than 6 years of age,” the associated common areas and exterior painted surfaces associated with such dwelling units or common areas.
It would not be unreasonable for people seeking to comply with the law to think that the term might refer to the distant future, that is, “expected to reside at some time, however far in the future.” That uncertain potentiality is not part of HUD’s interpretation of statutory intent. In the Lead Safe Housing Rule’s preamble, at 64 FR 50149, September 15, 1999, the Department defines the phrase “expected to reside” in the statutory definition of target housing as meaning that there is actual knowledge that a child is expected to reside, rather than a general presumption that a child will probably reside in the dwelling unit sometime in the future. If a woman residing in the dwelling unit is known to be pregnant, there is actual knowledge that a child is expected to reside in that unit. However, in the context of most residential real estate transactions, it is not advisable to inquire as to whether a woman is pregnant. Therefore, HUD’s definition of “expected to reside” means that there is actual knowledge that a child is expected to reside there and not a general presumption that one or more children under age 6 may one day occupy the unit.
This issue is addressed in the Questions 1 and 13 on Exhibit 24-3, “Guide for Review of Lead-Based Paint Compliance in Properties Receiving Tenant-Based Rental Assistance (TBRA).”
24-9 When monitoring compliance with the Lead Safe Housing Rule, reviewers must select from the Exhibits in this Chapter. There are four Exhibits in this Chapter, each divided into two parts: Section A provides a list of questions that pertain to reviews of a sample of individual project files; Section B