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6509.2 REV-5 CHG-2

iii.Expand the sample, if possible, to include additional files with similar characteristics, if indicated by the severity or nature of any problems(s) noted during the initial selection’s review (for example, emergency assistance provided for roof repairs to pre-1978 units).  This expanded sampling aids in determining whether problems were isolated events or represent a systemic problem.

3.   As discussed in Section 24-4.C above, CPD staff are responsible for monitoring CPD-funded projects that do not involve OHHLHC lead hazard control grant dollars.  


SELECTION OF PROGRAM FILES AND STAFF INTERVIEWS.  Reviewers should review program files to assess whether the program has procedures in place to comply with the lead-based paint regulations.  HUD does not prescribe a management system or file system that program participants must use.  Rather, each participant may devise any system that achieves program compliance.  To this end, reviewers are encouraged to interview staff members/positions identified in the program’s lead-based paint management procedures to determine the level of familiarity with their assigned roles and the execution of those roles.  Especially in the file review section, staff interviews should not be relied upon as the only evidence to support compliance.  Reviewers should also review contract documents and other records in responding to the questions in the File Review section of the Exhibits.  A general statement that “program documents were reviewed” or “staff interviews” are inadequate.  The reviewer’s basis for his/her decision must include specific references to all supporting documents.

The lead disclosure requirements apply to the sale and lease of pre-1978 housing.  Therefore, a CPD Tenant Based Rental Assistance (TBRA) or homebuyer program must comply when it is the seller or lessor.  CPD reviewers are not required to personally examine owners’ files to determine if owners are complying with the Lead Disclosure Rule, but program participants should be able to provide CPD reviewers with evidence of owner compliance.  CPD reviewers should monitor the acceptability of a program participant’s performance according to the participant’s Agreement.


A.  GENERAL.  In developing corrective actions under the Lead Disclosure Rule and/or the Lead Safe Housing Rule, reviewers should note the following:  

1.  Corrective actions for the Lead Safe Housing Rule are not explicitly provided in that Rule.

2.  The Lead Safe Housing Rule at 24 CFR 35.170(a) states that, “A designated party who fails to comply with any requirement…shall be subject to the sanctions available under relevant Federal housing assistance or ownership program and may be subject to other penalties authorized by law.” (emphasis added)  To make this meaningful, CPD’s program regulations adopted this Rule.


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