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6509.2 REV-5 CHG-2

A.

Lead Disclosure Rule.  For owners of more than four residential dwellings, the requirements are applicable beginning on September 6, 1996.  For owners of one to four residential dwellings, the requirements are applicable beginning on December 6, 1996.

B.

Lead Safe Housing Rule.  

1.   Effectiveness on or after January 10, 2002.  The requirements became effective in all programs and jurisdictions for which funds were obligated, granted, or awarded on or after January 10, 2002, in accordance with program requirements.  

2.   Effectiveness before January 10, 2002.  Prohibitions against using dangerous methods of removing paint took effect on November 15, 1999. Most of the Rule started applying to program activities on or after September 15, 2000.    CPD programs fund activities through a variety of mechanisms, such as when funds were obligated, grants were awarded, a funding letter was sent, or a Notice of Funding Availability was announced.  (See 24 CFR 35.900 – rehabilitation; 24 CFR 35.1000 – acquisition, leasing, support services, or operation; and 24 CFR 35.1200 – tenant-based rental assistance for more information on specific programs’ original trigger dates).  The one-year phase-in period was to provide more time for owners and managers of housing and local program administrators to learn about the requirements and plan and budget for compliance.  At that time, HUD received statements of inadequate capacity from many jurisdictions.  HUD developed a transition implementation strategy that included delayed effective dates for some HUD programs.  During the transition, HUD provided training to build capacity and technical assistance on the new requirements.  The transition assistance period ended January 9, 2002.

24-4preparing for lead-based paint monitoring.  

A.

ACTIVITY AND EXHIBIT SELECTION.  Reviewers should be familiar with the activities performed by the program participants and customize the lead-based paint monitoring by selecting appropriate Exhibits (see Section 24-9 below).  Because of the limited time available for monitoring, reviewers should structure their file reviews and interviews when monitoring programs having regular activities in pre-1978 housing to afford a general, but efficient, assessment of the program’s level of compliance, rather than a comprehensive review of all of the program participant’s files.  Reviewers should also familiarize themselves with the Exhibits so meaningful responses are provided in the limited time frame.  The Chapter Exhibits correlate to the category of assistance provided.  For example, if a reviewer is preparing to monitor a program that usually provides rehabilitation assistance up to and including $5,000 per unit and homebuyer assistance, the reviewer would select Exhibit 24-1, “Guide for Reviewing Properties Receiving an Average of Up To and Including $5,000 Per Unit in Federal Rehabilitation Assistance,” and Exhibit 24-5, “ Guide for Reviewing Acquisition, Leasing, Support Services, or Operations.”  The review

03/200824-4

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