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6509.2 REV-5 CHG-2

4.

renewals of existing leases in target housing in which the lessor has previously disclosed all information required under 24 CFR 35.88 and where no new information described in 24 CFR 35.88 has come into the possession of the lessor.

Title X defines target housing as any housing constructed prior to 1978, except housing designated for the elderly or disabled (unless a child under age six resides or is expected to reside in such housing for the elderly or disabled) or any zero-bedroom dwelling.  

CPD reviewers are only required to monitor for compliance with the Lead Disclosure Rule in activities or projects where the program participant is the seller or lessor of the housing.

B.

LEAD-SAFE HOUSING RULE (24 CFR Part 35, Subparts B-R).  The Lead Safe Housing Rule applies to all pre-1978 Federally assisted housing or pre-1978 Federally owned housing being disposed of, unless the property or project meets one of the exemptions listed in the Rule at 24 CFR 35.115(a).  Properties built on or after January 1, 1978 are exempt from the Rule [24 CFR 35.115(a)(1)].  

The subparts of the Rule cover similar programmatic activities (such as rehabilitation or acquisition assistance) rather than specific programs (such as HOME or Emergency Shelter Grants).  The subparts most applicable for monitoring CPD programs are:

Subpart B (general requirements and definitions);

Subpart H (project-based rental assistance);

Subpart J (rehabilitation);

Subpart K (acquisition, leasing, support services, or operations);

Subpart M (tenant-based rental assistance); and

Subpart R (methods and standards for hazard evaluation and reduction).  

The programs covered in the Exhibits in this Chapter and the regulatory citations that make each of these requirements applicable to funds provided under these programs include:

Community Development Block Grant (CDBG):24 CFR 570.485(c), 487(c), 608;

Emergency Shelter Grants (ESG):  24 CFR 576.57(c);

HOME:  24 CFR 92.355;

Housing for Persons With AIDS (HOPWA):  24 CFR 574.635;

Shelter + Care:  24 CFR 582.305(a);

Supportive Housing Program (SHP):  24 CFR 583.330(d);

Youthbuild:  24 CFR 585.305(d); and

Consolidated Plan:  24 CFR 91.215(i) and 24 CFR 91.315(i).

C.

EXEMPTIONS.  

03/200824-2

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