- § 4852. Grants for lead-based paint hazard reduction in target housing
- § 4852a. Task force on lead-based paint hazard reduction and financing
- § 4852b. National consultation on lead-based paint hazard reduction
- § 4852c. Guidelines for lead-based paint hazard evaluation and reduction activities
- § 4852d. Disclosure of information concerning lead upon transfer of residential property
§ 4852. Grants for lead-based paint hazard reduction in target housing
(a) General authority
The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria—
(1) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level;
(2) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; and
(3) notwithstanding paragraphs (1) and (2), Round II grantees who receive assistance under this section may use such assistance for priority housing.
(b) Eligible applicants
(c) Form of applications
To receive a grant under this section, a State or unit of local government shall submit an application in such form and in such manner as the Secretary shall prescribe. An application shall contain—
(1) a copy of that portion of an applicant’s comprehensive housing affordability strategy required by section 12705(b)(16) 1
1 See References in Text note below.
of this title;(2) a description of the amount of assistance the applicant seeks under this section;
(3) a description of the planned activities to be undertaken with grants under this section, including an estimate of the amount to be allocated to each activity;
(4) a description of the forms of financial assistance to owners and occupants of housing that will be provided through grants under this section; and
(5) such assurances as the Secretary may require regarding the applicant’s capacity to carry out the activities.
(d) Selection criteria
The Secretary shall award grants under this section on the basis of the merit of the activities proposed to be carried out and on the basis of selection criteria, which shall include—
(1) the extent to which the proposed activities will reduce the risk of lead-based paint poisoning to children under the age of 6 who reside in housing;
(2) the degree of severity and extent of lead-based paint hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage State, local, and private funds to supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed activities; and
(5) such other factors as the Secretary determines appropriate to ensure that grants made available under this section are used effectively and to promote the purposes of this chapter.
(e) Eligible activities
A grant under this section may be used to—
(1) perform risk assessments and inspections in housing;
(2) provide for the interim control of lead-based paint hazards in housing;
(3) provide for the abatement of lead-based paint hazards in housing;
(4) provide for the additional cost of reducing lead-based paint hazards in units undergoing renovation funded by other sources;
(5) ensure that risk assessments, inspections, and abatements are carried out by certified contractors in accordance with section 2682 of title 15;
(6) monitor the blood-lead levels of workers involved in lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced to vacate housing while lead hazard reduction measures are being conducted;
(8) educate the public on the nature and causes of lead poisoning and measures to reduce exposure to lead, including exposure due to residential lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead levels of children under the age of 6 residing in housing after lead-based paint hazard reduction activity has been conducted, to assure that such activity does not cause excessive exposures to lead; and
(10) carry out such other activities that the Secretary determines appropriate to promote the purposes of this chapter.
(f) Forms of assistance
(g) Technical assistance and capacity building
(1) In general
(2) Set-aside
(h) Matching requirement
(i) Prohibition of substitution of funds
(j) Limitation on use
(k) Financial records
(l) Report
An applicant under this section shall submit to the Secretary, for any fiscal year in which the applicant expends grant funds under this section, a report that—
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number of inspections conducted in residential dwellings;
(3) states the number of residential dwellings in which lead-based paint hazards have been reduced through interim controls;
(4) states the number of residential dwellings in which lead-based paint hazards have been abated; and
(5) provides any other information that the Secretary determines to be appropriate.
(m) Notice of Funding Availability
(n) Relationship to other law
(o) Environmental review
(1) In general
(2) Applicability
This subsection shall apply to—
(A) grants awarded under this section; and
(B) grants awarded to States and units of general local government for the abatement of significant lead-based paint and lead dust hazards in low- and moderate-income owner-occupied units and low-income privately owned rental units pursuant to title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139, 105 Stat. 736).
(p) Authorization of appropriations
(Pub. L. 102–550, title X, § 1011, Oct. 28, 1992, 106 Stat. 3901; Pub. L. 103–233, title III, § 305(a), Apr. 11, 1994, 108 Stat. 370; Pub. L. 104–134, title I, § 101(e) [title II, § 217], Apr. 26, 1996, 110 Stat. 1321–257, 1321–290; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
§ 4852a. Task force on lead-based paint hazard reduction and financing
(a) In general
(b) Membership
(c) Responsibilities
The task force shall make recommendations to the Secretary and the Administrator of the Environmental Protection Agency concerning—
(1) incorporating the need to finance lead-based paint hazard reduction into underwriting standards;
(2) developing new loan products and procedures for financing lead-based paint hazard evaluation and reduction activities;
(3) adjusting appraisal guidelines to address lead safety;
(4) incorporating risk assessments or inspections for lead-based paint as a routine procedure in the origination of new residential mortgages;
(5) revising guidelines, regulations, and educational pamphlets issued by the Department of Housing and Urban Development and other Federal agencies relating to lead-based paint poisoning prevention;
(6) reducing the current uncertainties of liability related to lead-based paint in rental housing by clarifying standards of care for landlords and lenders, and by exploring the “safe harbor” concept;
(7) increasing the availability of liability insurance for owners of rental housing and certified contractors and establishing alternative systems to compensate victims of lead-based paint poisoning; and
(8) evaluating the utility and appropriateness of requiring risk assessments or inspections and notification to prospective lessees of rental housing.
(d) Compensation
(Pub. L. 102–550, title X, § 1015, Oct. 28, 1992, 106 Stat. 3908.)
§ 4852b. National consultation on lead-based paint hazard reduction
In carrying out this chapter, the Secretary shall consult on an ongoing basis with the Administrator of the Environmental Protection Agency, the Director of the Centers for Disease Control, other Federal agencies concerned with lead poisoning prevention, and the task force established pursuant to section 4852a of this title.
(Pub. L. 102–550, title X, § 1016, Oct. 28, 1992, 106 Stat. 3909.)
§ 4852c. Guidelines for lead-based paint hazard evaluation and reduction activities
Not later than 12 months after October 28, 1992, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Labor, and the Secretary of Health and Human Services (acting through the Director of the Centers for Disease Control), shall issue guidelines for the conduct of federally supported work involving risk assessments, inspections, interim controls, and abatement of lead-based paint hazards. Such guidelines shall be based upon criteria that measure the condition of the housing (and the presence of children under age 6 for the purposes of risk assessments) and shall not be based upon criteria that measure the health of the residents of the housing.
(Pub. L. 102–550, title X, § 1017, Oct. 28, 1992, 106 Stat. 3909.)
§ 4852d. Disclosure of information concerning lead upon transfer of residential property
(a) Lead disclosure in purchase and sale or lease of target housing
(1) Lead-based paint hazards
Not later than 2 years after October 28, 1992, the Secretary and the Administrator of the Environmental Protection Agency shall promulgate regulations under this section for the disclosure of lead-based paint hazards in target housing which is offered for sale or lease. The regulations shall require that, before the purchaser or lessee is obligated under any contract to purchase or lease the housing, the seller or lessor shall—
(A) provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the Environmental Protection Agency under section 406 of the Toxic Substances Control Act [15 U.S.C. 2686];
(B) disclose to the purchaser or lessee the presence of any known lead-based paint, or any known lead-based paint hazards, in such housing and provide to the purchaser or lessee any lead hazard evaluation report available to the seller or lessor; and
(C) permit the purchaser a 10-day period (unless the parties mutually agree upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint hazards.
(2) Contract for purchase and sale
Regulations promulgated under this section shall provide that every contract for the purchase and sale of any interest in target housing shall contain a Lead Warning Statement and a statement signed by the purchaser that the purchaser has—
(A) read the Lead Warning Statement and understands its contents;
(B) received a lead hazard information pamphlet; and
(C) had a 10-day opportunity (unless the parties mutually agreed upon a different period of time) before becoming obligated under the contract to purchase the housing to conduct a risk assessment or inspection for the presence of lead-based paint hazards.
(3) Contents of lead warning statement
(4) Compliance assurance
(5) Promulgation
(b) Penalties for violations
(1) Monetary penalty
(2) Action by Secretary
(3) Civil liability
(4) Costs
(5) Prohibited act
(c) Validity of contracts and liens
(d) Effective date
(Pub. L. 102–550, title X, § 1018, Oct. 28, 1992, 106 Stat. 3910.)