The purpose of this document is to provide answers to many of the questions that HUD has received since the publication of the regulation. The questions and answers provide general information (see below) and detailed discussion of specific issues according to the subpart of the regulation to which they most closely apply.

Disposition of Non-HUD Federally Owned Residential Property (C)
HUD Project-Based Rental Assistance (H)
HUD-Funded Rehabilitation (J)
Acquisition, Leasing, Support Services, or Operations Program (K)
Public Housing (L)
Tenant-Based Rental Assistance Programs (M)
Methods and Standards for Lead Hazard Evaluation and Reduction (R)
General Requirements and Definitions (B)
If Housing Unit is Involved with More than One Type of Federal Housing Assistance (S)
Transition Assistance

A1. PURPOSE OF THE REGULATION: What is the purpose of this regulation?

HUD is issuing this regulation to protect young children from lead-based paint hazards in housing that is financially assisted by the Federal government or sold by the government. The regulation establishes requirements that will control lead-based paint hazards in such housing. It applies only to housing that was built before 1978; in that year, lead-based paint was banned nationwide for consumer use.

A2. NEW & EXISTING REGULATIONS: I thought HUD already had lead paint regulations. What's new about this

HUD does have existing lead paint regulations. This new regulation consolidates all of the Department's existing regulations in one part of the Code of Federal Regulations (CFR). Now you can easily find HUD's lead paint policies in one place, instead of having to look through each program-specific part of the CFR.

More importantly, this regulation implements the new requirements, concepts and terminology established by the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X ("ten") of the Housing and Community Development Act of 1992. The new regulation retains the existing fundamental requirement of repairing deteriorated paint, but it also controls the lead-contaminated dust associated with the presence of lead-based paint. Research has found lead in dust to be the most common pathway of childhood exposure to lead. The "clearance" requirement in the regulation is the best example of the emphasis on dust resulting from these research findings. Clearance involves testing settled dust for lead contamination after hazard control work. It ensures that fine particles of lead in dust have been cleaned up and the unit is safe for reoccupancy. The old regulations did not require cleanup or clearance. (See Question B8, below, for further information on clearance.) Also, this regulation uses the framework of trained and certified lead paint professionals. The Department believes that these changes will result in a much more effective national program to prevent childhood lead poisoning.

A3. EFFECTIVE DATE: When does the regulation take effect?

Prohibitions against using dangerous methods of removing paint took effect on November 15, 1999, but most of the regulation takes effect on September 15, 2000, one year after publication. The purpose of the one-year phase-in period is to provide time for owners and managers of housing, and local program administrators to learn about the requirements and plan and budget for compliance. HUD is providing training and technical assistance on the new requirements.

A4. EFFECT ON DISCLOSURE REGULATION: How does this regulation affect the lead paint disclosure requirements that were issued jointly by HUD and EPA in 1996?

It has no effect whatsoever on the disclosure requirements. However, it changes the letter of the subpart of 24 CFR Part 35 where the HUD-published disclosure requirements are found from subpart H to subpart A. The section numbers and the text of the disclosure requirements stay the same.

A5. EXEMPTIONS: What kinds of properties and activities are exempted from the regulation?

The following properties are not covered by this regulation, either because lead paint is unlikely to be present, or because children will not occupy the house in the future:

Housing built on or after January 1, 1978 (when lead paint was banned for residential use)

Housing exclusively for the elderly or persons with disabilities, unless a child under age 6 is expected to reside there

Zero bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories, or military barracks

Property that has been found to be free of lead-based paint by a certified inspector

Property where all lead-based paint has been removed, and clearance has been achieved

Unoccupied housing that will remain vacant until it is demolished

Non-residential property

Any rehabilitation or housing improvement that does not disturb a painted surface.

Also, emergency repair actions, which are those needed to safeguard against imminent danger to human life, health or safety, or to protect property from further structural damage, are exempted.

Finally, the requirements do not apply to emergency housing assistance (such as for the homeless), unless the assistance lasts more than 100 days, in which case the rule does apply.

A6. SUMMARY OF REQUIREMENTS: What are the requirements of the regulation?

In accordance with the Statute (Title X of the 1992 Housing and Community Development Act), the requirements vary, depending on the nature of the Federal involvement (e.g., whether the housing is being disposed of or assisted by the Federal government); the type, amount and duration of financial assistance; the age of the structure (which is associated with the amount of lead in the paint); and whether the dwelling is rental or owner-occupied.

A summary of requirements for each type of housing assistance is at the end of the answer to this question. Details are in the regulation itself. If you are responsible for compliance with the regulation, you should become familiar with the specific requirements for your particular program or programs by reading the regulation itself.

To illustrate the nature of the requirements, below is a brief description of two of the more common sets of hazard evaluation and control requirements.

One set of hazard control requirements that applies to several HUD programs is:

Stabilization of any deteriorated paint, including correction of any moisture leaks or other obvious causes of paint deterioration, as well as repainting (paint stabilization is not required if the paint is tested and found not to be lead-based paint);

"Clearance" following paint stabilization to ensure that the work has been completed, that dust, paint chips and other debris have been satisfactorily cleaned up, and that settled dust has low levels of lead; and
Ongoing maintenance of the paint to ensure that the housing remains lead safe.
Another set of requirements found in the regulation is:
a risk assessment to identify lead-based paint hazards,
interim control measures to eliminate any hazards that are identified,
clearance, and
ongoing maintenance and periodic reevaluation to ensure that lead-based paint hazards do not reappear.
The terms, "risk assessment," "lead-based paint hazards," and "interim controls" are explained below in questions C1-C3.

Summary of Requirements

Subpart of Rule Type of Program Construction Period Requirements C Disposition by Federal Agency Other Than HUD Pre-1960 LBP inspection and risk assessment. Abatement of LBP hazards. Notice to occupants of inspection/abatement results.     1960-1977 LBP inspection and risk assessment. Notice to occupants of results. D Project-Based Assistance by Federal Agency Other Than HUD Pre-1978 Provision of pamphlet. Risk assessment. Interim controls. Notice to occupants of results. Response to EIBLL child. F HUD-Owned Single Family Sold With a HUD-Insured Mortgage Pre-1978 Visual assessment. Paint stabilization. Notice to occupants of clearance.   1. For properties that are currently residential Pre-1960 Provision of pamphlet. Risk assessment. Interim controls. Notice to occupants. Ongoing LBP maintenance.     1960-1977 Provision of pamphlet. Ongoing LBP maintenance.   2. For conversions and major renovations. Pre-1978 Provision of pamphlet. LBP inspection. Abatement of LBP. Notice to occupants. H Project-Based Assistance (HUD Program):       1. Multifamily property Receiving more than $5,000 per unit per year Pre-1978 Provision of pamphlet. Risk assessment. Interim controls. Notice to occupants. Ongoing LBP maintenance and reevaluation. Response to EIBLL child.   2. Multifamily property - receiving less than or equal to $5,000 per unit per year, and single family properties   Pre-1978 Provision of pamphlet. Visual assessment. Paint stabilization. Notice to occupants. Ongoing LBP maintenance. Response to EIBLL child. I HUD-Owned Multifamily Property Pre-1978 Provision of pamphlet. LBP inspection and risk assessment. Interim controls. Notice to occupants. Ongoing LBP maintenance and reevaluation. Response to EIBLL child. J Rehabilitation Assistance:       1. Property receiving less than or equal to $5,000 per unit Pre-1978 Provision of pamphlet. Paint testing of surfaces to be disturbed, or presume LBP Safe work practices in rehab. Repair disturbed paint. Clearance of the worksite. Notice to occupants. Ongoing LBP maintenance if HOME or CILP   2. Property receiving more than $5,000 and up to $25,000 Pre-1978 Provision of pamphlet. Paint testing of surfaces to be disturbed, or presume LBP. Risk assessment. Interim controls. Notice to occupants. Ongoing LBP maintenance if HOME or CILP.   3. Property receiving more than $25,000 per unit Pre-1978 Provision of pamphlet. Paint testing of surfaces to be disturbed, or presume LBP. Risk assessment. Abatement of LBP hazards. Notice to occupants. Ongoing LBP maintenance if HOME or CILP. K Acquisition, Leasing, Support Services, or Operation Pre-1978 Provision of pamphlet. Visual assessment. Paint stabilization. Notice to occupants. Ongoing LBP maintenance. L Public Housing Pre-1978 Provision of pamphlet. LBP inspection. Abatement of LBP. Risk assessment if LBP not yet abated. Interim controls if LBP not yet abated. Notice to occupants. Ongoing LBP maintenance and reevaluation. Response to EIBLL child. M Tenant-Based Rental Assistance for units to be occupied by children under 6-years of age Pre-1978 Provision of pamphlet. Visual assessment. Paint stabilization. Notice to occupants. Ongoing LBP maintenance. Response to EIBLL child.

A7. ORGANIZATION OF THE REGULATION: How is the regulation organized?

The regulation is divided into "subparts" of 24 CFR Part 35. Three subparts apply to all programs. Subpart A is the existing disclosure regulation that requires sellers and lessors of most pre-1978 housing to disclose known information on lead-based paint and/or lead-based paint hazards to prospective buyers and renters. Subpart B describes the scope of coverage of the new regulation and provides definitions and general requirements for all programs. Subpart R describes methods and standards for lead-based paint hazard evaluation and reduction activities. (Subparts E, and N through Q, are reserved for future use.)

Each of the other subparts (C through M) contains the requirements for a particular type of housing program or housing assistance, such as multifamily mortgage insurance, project-based assistance, rehabilitation, public housing, tenant-based assistance, or acquisition, leasing, support services or operation. The lead-hazard control requirements depend on the type of assistance provided. As programs are modified and new programs come into existence, the list will be amended, as appropriate.

A8. LOW-INCOME HOUSING TAX CREDITS: Do funds obtained through the sale of Low-Income Housing Tax Credits count as housing assistance that is covered by this regulation?

No. The Low-Income Housing Tax Credit program is not covered by the regulation.

A9. OTHER FEDERAL AGENCIES: Where can I find the requirements under this regulation for housing programs of a Federal agency other than HUD?

 Subpart C of the regulation covers disposition (which generally means sale) to a non-Federal entity, by Federal agencies other than HUD of housing built before 1978. Subpart D of the regulation covers project-based assistance by those agencies for housing built before 1978.

 Each other Federal agency may establish its own regulations, policies and procedures for implementing the Act, in addition to the requirements of this regulation. You should contact the Federal agency you are interested in directly for information on its programs and practices.

A10. PROGRAMS RECEIVING MORE THAN ONE TYPE OF FEDERAL ASSISTANCE: What subpart do I use if the program I administer at the local level provides more than one type of assistance?

 Some HUD programs can be used for several different types of housing assistance. Such programs include the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships program, and the Indian Housing Block Grant program. If you are administering such a program for a city, county, State or Indian tribe, you will have to determine which subpart of the regulation applies to the type of assistance being provided to a particular unit or property. For example, if rehabilitation assistance is being provided, use subpart J, which applies to rehabilitation. If tenant-based rental assistance is being provided, use subpart M, which applies to all tenant-based rental assistance.

A11. MORE THAN ONE TYPE OF HOUSING UNIT ASSISTANCE: What if a dwelling unit receives more than one type of assistance? Which subpart applies?

 The types of assistance provided to a dwelling unit determine what subparts of the regulation apply to that dwelling unit. If more than one type of assistance is being provided to the same dwelling unit, and two or more sets of lead paint requirements apply, the most protective requirements apply. Section 35.100 of the regulation includes a table listing HUD programs from the most protective to the least protective hazard reduction requirements. Section 35.100 also provides additional guidance on how to use the table.

A12. NUMBER OF DWELLINGS AFFECTED: How many dwelling units will be affected by this regulation?

 In the first year after the effective date, HUD estimates that over 1.2 million HUD-associated dwelling units will be covered by the regulation. After five years, about 2.8 million HUD-associated units will have been affected. The Economic Analysis accompanying the rule explains how these numbers were developed.

A13. COSTS AND BENEFITS: What are the benefits and costs of the regulation?

See the Economic Analysis accompanying the rule, as published in the Federal Register, for a full description of costs and benefits. The benefits of the rule are primarily the increased lifetime earnings of children whose exposure to lead is reduced by living in housing made lead-safe as a result of the regulation. The estimate of increased lifetime earnings is from scientific studies of links between lead exposure and lost IQ, and between IQ and lifetime earnings. Other benefits include avoided costs of medical treatment and special education. In addition, benefits that have not been estimated in monetary terms include improving children's stature, hearing, and vitamin D metabolism; reducing juvenile delinquency and the burden on the educational system; avoiding the parental and family time, expenses and emotional costs involved in caring for lead poisoned children; and reducing personal injury claims and associated court costs.

 HUD estimates that the present value of total benefits associated with the first five years of the regulation is $2.65 billion for HUD-associated dwellings, using a three percent discount rate. The present value of the costs associated with the first five years of the regulation is estimated to be $564 million. Therefore, estimated net benefits are $2.08 billion.

The average cost per HUD-associated dwelling unit is estimated at approximately $200 ($564 million/2.8 million units). The costs will range from the many units that will have no costs at all (because they have been well maintained and have no deteriorated lead paint) to other units that may have significant costs.

A14. OBTAINING COPIES OF THE REGULATION: How can I get a copy of the regulation?

 You can obtain the regulation, including its "preamble" (an explanation of the issues and policies), by downloading from the Internet at www.hud.gov/lea, or by mail from the National Lead Information Center at 1800424LEAD.

 HUD published the regulation in the Federal Register, on September 15, 1999, starting on page 50410. Also, HUD published two corrections to the regulation: one on January 21, 2000, starting on page 3386 and the other on March 30, 2000, starting on page 16818. You can obtain copies of these issues by downloading from the HUD web site, shown above, the Federal Register web site, www.access.gpo.gov/nara, or by mail, for a fee, from the Government Printing Office at 12025121800 (this is a toll call). There is no difference between the copies available from the HUD web site, the National Lead Information Center, the Federal Register web site, or the Government Printing Office.