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IMPORTANT NOTICE TO ALL SECTION 8 LANDLORDS CONCERNING NEW FEDERAL LEAD PAINT LAWS
The Department of Housing and Urban Development has implemented new laws regarding defective paint (potentially containing lead) in units built BEFORE 1978. In order to effectively begin or to continue the Section 8 program in any of your units built prior to 1978 where children under 6 years old reside or may reside in the future, the following regulations will have to be followed. In addition to providing a description of the new laws and required procedures, we will also mention other ways of handling this issue which could greatly simplify the new laws.
The 5 ft. limitation no longer applies. Defective paint will now have to be removed in an acceptable manner from the ground to the peak of the roof. Any fence or outbuilding on the property will also now be part of the inspection. Re-painting will have to be performed immediately or as soon as weather permits, or, encapsulating the effected area with siding or other material where possible.
If any defective paint is found during a Section 8 inspection, the law prohibits the owner of the unit from doing any of the repairs, (**unless it's deminimus) or from even taking the samples of defective paint to be sent for testing, without proper training. Paint samples can be collected only by persons certified by the EPA as a Lead Inspector or Risk Assessor. Contractors must also have their Lead Abatement Project Designers and Supervisors certified by the EPA. They are required by law to treat it very similarly to asbestos. Contractors have to be equipped with special vacuum equipment to keep any dust particles from escaping during the removal process and the paint can no longer be "dry" scraped, only wet scraping will be allowed. After the repairs are made a "clearance" inspector must then come out to give final approval on the repairs. Owners can be licensed to repair defective paint by taking certain approved courses and having specialized equipment which can be specified if desired. "Risk assessment" (pre-repair) and "clearance" inspections still would have to be performed by licensed third party individuals upon the initial finding of defective paint by HUD and completion of repairs by said contractor. All incurred costs would have to be covered by the property owner. Click this link for service providers in Washington.
It is important to note that if an initial or annual inspection of the unit indicates no peeling, cracking, chalking paint or unstable substrate anywhere on the inside or outside of the unit and all adjacent structures associated with the unit, the unit won’t fail this part of the Housing Quality Standards inspection. Defective paint will not be a HQS violation if prior to all inspections all defective paint is properly removed and repainted, the unit was built after 1978, or there will be no children under of the age of 6 or a pregnant female living in the unit. If any defects are found, new regulations will have to be followed if a Section 8 tenant is to move into or continue to live in the unit.
If lead-based paint is found, all defective paint will have to be removed in accordance with EPA regulations 40 CFR § 745.227 (see below) and all defective surfaces must be completely covered prior to a Section 8 inspection. If your rental unit fails a Housing Authority inspection because of lead paint, you as the owner can no longer repair the defective areas (9/15/2000 rule).
In short, if no peeling, cracking, chalking paint or unstable substrate is found during any Housing Authority inspection, no testing, risk assessment or paint stabilization will be needed. This will require more diligence to stay on top of the condition of any rental unit which you desire to be on the Section 8 program that are older than 1978 and have children under 6 years of age or a pregnant female living there. It has been said that possibly within 5 years all rental property that is older than 1978 will come under the same federal laws regarding lead paint.
September 15, 2000 is the effective date for this new regulation. All housing types will be included whether single family houses, apartments or mobile homes. Remember, this only applies to units built before January 1st, 1978, with children under the age of 6 or a pregnant female residing, or anticipated to reside in the unit. We will require proof of the date of construction to waive this requirement.
Please contact us at 360-423-0140 (OR/WA Toll-Free 1-800-613-4993) if you have questions about the new regulations. Our agency will be conducting landlord training sessions every year to provide comprehensive information to local landlords about this new regulation and to answer questions you may have. We would encourage all of you to attend if at all possible.
We have tried to make the new regulations as simple and understandable as possible. We are as concerned as you are about the new laws and the added amount of work involved to maintain a Section 8 unit, but we too, are bound by federal regulations dictating program administration. We all need to remember that this is a serious health issue in older housing stock and more cases of children with elevated lead blood levels are identified each year.
**deminimus = less than 20 square feet on an outside surface or 2 square feet on an inside surface or 10% of a component's area (e.g. windowsill, door frame)
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