Lead-Based Paint

Background

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 (pdf), 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 (pdf). 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 (pdf)."

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 (pdf) 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 (pdf); Disclosure of Lead-Based Paint Hazards in Housing
• Lead Paint Safety - A Field Guide for Painting, Home Maintenance, and Renovation Work (pdf)