Background
Congress passed the
Residential
Lead-Based Paint Hazard Reduction Act of 1992,
also know as Title X. Sections 1012 and 1013 of
Title X amended the Lead-Based Paint (LBP) Poisoning
Prevention Act of 1971, the basic law covering LBP in
Federally associated housing. Section 1018
of this law directed the Department of Housing and Urban
Development (HUD) and the Environmental Protection
Agency (EPA) to require the disclosure of known
information on lead-based paint and lead-based paint
hazards before the sale or lease of most housing built
before 1978.
The regulations issued by HUD can be found at
Title 24
of the Code of Federal Regulations Part 35.
The HUD LDP regulations set forth
specific requirements
for all Federally owned residential property and
property receiving Federal assistance. HUD's LBP
regulations applies to FSA in the disposal and
management of inventory property on which a residence is
located. The LBP regulations also apply to FSA's
loan making activities involving residential properties.
For example, when selling or leasing an inventory
property, FSA must provide the buyer or lessee with the
pamphlet, "Protect Your Family from Lead in Your Home."
Some properties and actions are exempt from the
requirements of the HUD LBP regulations. These
include:
-
housing built after 1978
-
housing exclusively for the elderly or for people 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 where all lead-based paint has been removed
-
unoccupied property that will remain vacant until it is
demolished
-
non-residential property
-
any rehabilitation or housing improvement that does not
disturb a painted surface
-
emergency repair actions needed to safeguard against
imminent danger to human life, health, or safety, or to
protect property from further structural damage
-
residences sold or leased under the Homestead Protection
Program
Additional Lead-Based Paint Resources
HUD's
Interpretive Guidance for the HUD Regulation (24 CFR Part 35) on Controlling Lead-Based Paint Hazards in
Housing Receiving Federal Assistance and Federally Owned
Housing Being Sold
EPA/HUD
Fact Sheet - EPA
and HUD Move to Protect Children from Lead-Based Paint
Poisoning; Disclosure of Lead-Based Paint Hazards in
Housing
Lead Paint Safety -
A Field Guide for Painting, Home
Maintenance, and Renovation Work
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