Do you manage, sell, or lease single-family homes or multi-family properties built before 1978?
If you are involved in management, selling and leasing or renovations in pre-1978 housing you should know whether or not the home or property is considered to be “target housing” as defined by the United Stated Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA). Why you ask? Because of lead-based paint (LBP).
HUD, the EPA and some states and local municipalities have guidelines and regulations that should be followed while working in the “target housing” arena or fines and penalties could be enforced. In some circumstances the building owner or manager may be obligated to perform LBP inspections, risk assessments and subsequent lead hazard reduction activities and final clearance with certified and licensed LBP professionals. Or for example, disclosure and acknowledgement of disclosure requirements for sellers and lessors and written notices and informational pamphlets should be provided in real estate transactions. Notices and informational pamphlets to building occupants are also required when LBP will be disturbed during renovations and after any LBP testing and hazard reduction activities are done. There are even prohibited and approved work methods when disturbing LBP.
So, you should consider “target housing” as any federally owned or assisted housing built before January 1, 1978. Some examples of “target housing” are:
- Single family and multi-family properties owned and sold by HUD and other federal agencies.
- Houses and properties that use project-based and tenant-based rental assistance, mortgage insurance and rehabilitation grants. A residential property that receives federal assistance under certain
- HUD programs for acquisition, leasing, support services, or operations.
- Public housing programs.
A few exemptions of pre-1978 housing that are not treated as “target housing” include:
- An unoccupied dwelling unit or residential property that is to be demolished, provided the dwelling unit or property will remain unoccupied until demolition.
- Housing designated for the elderly or people with disabilities unless any children less than 6 years old live in or is expected to live in the same dwelling.
- A zero-bedroom dwelling unit, including a Single Room Occupancy (SRO) dwelling unit.
- Any rehabilitation that does not disturb a painted surface.
Keeping track of all the lead requirements can be confusing and hard to keep up with. If you think you have a residence built before 1978, contact Apex to discuss your project needs. We will get you through all of the confusing red tape. Remember! To prevent lead exposure and to be compliant in the federal, state and local lead guidelines and regulations, an LBP inspection or a combination of an LBP inspection and LBP risk assessment usually should be completed before any other activity related to your project.