6509.2 REV-5 CHG-2
Both HUD and EPA share enforcement of the Lead Disclosure Rule. Under a 1997 Memorandum of Understanding (MOU) and its implementing guidance, HUD has initial responsibility for enforcement of the Lead Disclosure Rule for receiving HUD assistance. This assistance includes conventional public housing, project-based rental assistance, tenant based rental assistance, and HUD grants such as HOME and CDBG. Guidance in the MOU provides that if, during the course of an enforcement investigation, EPA becomes aware of HUD assistance, EPA will refer these sites to HUD for enforcement.
While the MOU clarifies this relationship, some EPA Regions have performed records inspections of HUD-assisted sites and public housing agencies (PHAs) without notifying HUD. As a result, HUD recommends that if EPA requests an inspection for compliance with the Lead Disclosure Rule, and/or issues a subpoena, the PHA or owner should request that EPA temporarily suspend the investigation to allow for consultation with HUD. EPA inspections for compliance with the Lead Disclosure Rule are voluntary; however, EPA may issue a subpoena if the entity is uncooperative and refuses an inspection. Subpoenas normally offer the PHA or owner a reasonable time period to comply, and during this time, the PHA and/or owner have a reasonable amount of time to consult with legal counsel and HUD.
HUD Field Offices should contact CPD, OHHLHC, and/or the Office of General Counsel's Compliance Division in HUD Headquarters for guidance. (OHHLHC and Office of General Counsel were parties to the MOU Guidance, and as such, should be notified so that they may notify relevant EPA staff.)
As described in Chapter 2, the risk analysis process will be used to determine which areas should be reviewed. Once that process has been completed, the CPD reviewer should consider the following factors when determining which specific files in an area should comprise the review sample for the monitored program:
1. Where feasible, initial file selection should be made using a random selection method to produce a total of 3 to 5 project files less than 3 years old for assistance provided for pre-1978 housing units that are not exempt from the Lead Safe Housing Rule.
2. The reviewer should add files to this selection in order to:
i.Examine files from each category of activity being reviewed (e.g., rehabilitation, homebuyer program);
ii.Include a file(s) from each State or staff person responsible for oversight of state recipients;