Lead Based Paint Disclosure and Remediation
Sub-grantees that receive funds for Emergency Shelter, Homelessness Prevention and Rapid Re-Housing MUST comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R. Following is a description of how these apply to Emergency Shelters, Homelessness Prevention, and Rapid Re-Housing projects.
Emergency Shelters
Most emergency shelters are exempt, because they fall under the definition of zero-bedroom dwellings, which are exempt under the Title X statute. If the shelter does not qualify for the zero-bedroom exemption, it is covered by the regulation.
A zero-bedroom dwelling is defined in section 35.110 as "any residential dwelling in which the living areas are not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory or single room occupancy housing, military barracks, and rentals of individual rooms in residential dwellings." The term "single room occupancy housing" is defined as "housing consisting of zero-bedroom dwelling units that may contain food preparation or sanitary facilities or both." Group homes are exempt if they consist of "rentals of individual rooms in residential dwellings."
If you provide funds for a shelter with units having one or more bedrooms, and that receive assistance for more than 100 days, it is required that you adopt and implement a policy that assures that the child-occupied spaces will be lead safe. If you provide funds for a shelter with zero-bedroom units, or a shelter receiving assistance for up to, but not more than, 100 days, the units are exempt from the regulation, but HUD recommends that you adopt and implement a policy that assures that the child-occupied spaces will be lead safe, when the units are occupied by children of less than 6 years of age.
Emergency Shelter sub-grantees refer to 24 CFR part 35, subpart K of the implementing regulations for guidance on appropriate steps for lead based paint inspection and remediation. Emergency shelter sub-grantees MUST contact DCA immediately if they suspect that they are out of compliance with these regulations.
Homelessness Prevention and Rapid Re-housing Projects
For Homelessness Prevention and Rapid Re-Housing projects, the rule is that a lead‐based paint visual assessment must be completed for all units that meet the three following conditions:
- The household living in the unit is being assisted with ESG financial assistance (rent assistance, utilities assistance, utility/security deposits, or arrears)
- The unit was constructed prior to 1978
- A child under the age of six, or a woman who could become pregnant is or may be living in the unit
In any property meets all of the above three conditions, sub-grantees must carry out appropriate measures per guidance from DCA and HUD. Homelessness Prevention and Rapid Re-Housing sub-grantees should refer to the lead based paint screening worksheet and other resources provided below. Contact the local government office or DCA if further assistance is required.
