B. Overview — HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs

For properties where the requirements apply, both owners and tenants need to be aware of lead-based paint hazards, such as paint chips, paint dust in units, and contaminated soil in common areas. Lead-based paint is dangerous to adults and children, but especially to children under age 6. Units that are older, are in poor physical condition, have been renovated unsafely, or have exterior lead-contaminated soil are at the most risk. Nevertheless, owners in all applicable properties must provide tenants with basic information on lead-based paint and its hazards, and they must maintain an accurate record of this communication. Compliance with these regulations is also crucial in order to reduce liability and avoid lawsuits, obtain more favorable insurance premiums, and avoid penalties for failing to meet government requirements.
This paragraph on lead-based paint focuses on the owners’ requirements during the leasing process. Lead-based paint requirements that must be

HUD Occupancy Handbook Chapter 6: Lease Requirements and Leasing Activities

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Section 1: Leases and Lease Attachments

4350.3 REV-1

met during the life of the property are discussed in Handbook 4350.1, Multifamily Asset Management and Project Servicing or other current Notices. These requirements include:

a. Visual assessments to identify deteriorated paint or (for assistance over $5,000 per unit annually) risk assessments to identify leadbased paint hazards;
b. Paint stabilization or (for assistance over $5,000 per unit annually) interim controls with clearance testing when appropriate;
c. Ongoing paint maintenance and (for assistance over $5,000 per unit annually) re-evaluation every two years to identify hazards;
d. Notification of tenants about the actions above; and
e. Special actions when a child under six years old is reported to have high blood lead levels.

REMEMBER: Compliance with fair housing requirements applies when complying with the lead-based paint regulations. Owners may not refuse to rent to households with children to avoid triggering lead paint requirements, because this would constitute discrimination based on familial status.

Owners may affirmatively market the following types of units to families with children under age six:
- a. Units that are built after January 1, 1978; and
- b. Units that are built prior to January 1, 1978 and found to be free of lead hazards.
Owners must disclose known lead-based paint and/or lead-based paint hazards in the property and provide the EPA/HUD/Consumer Product Safety Commission (CPSC) Lead Hazard Information Pamphlet ( Protect Your Family from Lead In Your Home) to tenants when leases are renewed, modified, or renegotiated, unless no new information on those subjects has come into the possession of the owner and the owner has already provided the tenants with the disclosure information and the pamphlet. This is in accordance with 24 CFR 35.82(d), in the Lead Disclosure Rule.