What Is the HUD Lead Safe Housing Rule?
The HUD Lead Safe Housing Rule (24 CFR Part 35) establishes lead-based paint requirements for housing that receives federal assistance, including Section 8 Housing Choice Voucher properties. This rule goes beyond basic EPA disclosure requirements and imposes specific testing, maintenance, and notification obligations on landlords who participate in federally assisted housing programs.
How It Affects Section 8 Landlords
If you accept Section 8 tenants in a pre-1978 property, HUD requires that a visual assessment for deteriorated paint be conducted before every new tenant moves in and at each annual housing quality inspection. If deteriorated paint is found in a unit with a child under age six, the paint must be stabilized using lead-safe work practices, and a clearance exam must be performed afterward.
In Cleveland, these HUD requirements operate alongside the city’s own Lead Safe Certificate requirement. As a practical matter, if you maintain a valid Cleveland Lead Safe Certificate, you are already meeting or exceeding most of the HUD visual assessment requirements. However, it’s important to understand that HUD and Cleveland enforce their requirements independently.
Notification Requirements
Under the HUD rule, landlords must notify tenants within 15 days of any lead-based paint or lead hazard identified in their unit or common areas. This notification must include a description of the hazard, the planned remediation approach, and the expected timeline for completion. These notification requirements are in addition to the EPA disclosure requirements discussed in our separate article on that topic.
Clearance Requirements
Any paint stabilization or lead hazard reduction work performed in Section 8 housing must be followed by a clearance examination conducted by a certified professional who is independent of the company that performed the work. This clearance exam must confirm that lead dust levels are below EPA standards before the unit can be reoccupied. Ohio Lead Pros provides independent clearance exams for Section 8 properties throughout Greater Cleveland.
Need help with lead compliance? Ohio Lead Pros offers fast, affordable lead testing and abatement services throughout Greater Cleveland. Call 216-633-2600 or request a free quote at ohioleadpros.com.
