6509.2 REV-5 CHG-2
Lead Disclosure Rule. The following housing types are exempt: housing constructed after 1978, zero-bedroom units, and 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. See Section 24-7.B.1 for more information on “expected to reside.”)
Lead Safe Housing Rule. A key role of the HUD reviewer will be to recognize when a program or project is exempt from the Rule. Exemptions are listed at 24 CFR 35.115(a). See also the Rule’s Interpretive Guidance, June 21, 2004, posted at , items B9-B12.
i. If a program participant claims that all its CPD-funded activities are exempt from the Lead Safe Housing Rule, the program participant must be able to justify its position. For example, a new construction project is, by its nature, exempt from the Rule. A subtler example is an emergency repairs program. In that case, the program participant must be able to show that its program accepts only units that qualify as emergencies as defined in the Lead Safe Housing Rule (24 CFR 35.115(a)(9)). Programs should not have general policies or practices that they will not provide assistance to pre-1978 housing units because such assistance triggers lead-based paint requirements. Such policies or practices could result in failure to provide housing, services or benefits to families with children under age six. This could place the participant at risk of violating the Fair Housing Act (see section 24-8.B, below) or state or local fair housing laws.
ii. If an individual project in a pre-1978 dwelling unit is exempt from the Rule, the file must document that the project is exempt. The file must cite the specific exemption as given in the Rule or described in its interpretive guidance. Program participants need not document the exemption of individual projects in units constructed during or after 1978.
Program participants sometimes interpret a program or project as exempt when it is not. One common error concerns emergency repair programs. While the Rule at 24 CFR 35.115(a)(9) exempts emergency actions, it is quite specific about the definition of emergency actions as it relates to the Rule’s exemptions. The program participant must demonstrate that each project claimed to be an emergency actually met that standard. Similarly, program participants could possibly overlook the requirements for programs that provide small amounts of assistance, such as paint programs and security deposit assistance. However, even modest levels of assistance trigger the regulatory requirements. Finally, program participants sometimes assume that work by volunteers is not covered. In fact, volunteers must meet the same safe work standards as professional workers, in order to protect the children living in the housing units being assisted.