HQS & Lead Print
House Quality Standard
IMPORTANT NOTICE TO ALL SECTION 8 LANDLORDS CONCERNING NEW FEDERAL LEAD PAINT LAWS
The Department of Housing and Urban Development (HUD) 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.
1. 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.
2. If any defective paint is found during a Section 8 inspection, the law will prohibit the owner of the unit from doing any of the repairs, or from even taking the samples of defective paint to be sent for testing, without proper training. A licensed lead paint abatement contractor (not just a painting contractor) is the only one who can take samples and do any repair work. 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.
3. 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 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.
In short, all of #2 above can be avoided if no peeling, cracking, chalking paint or unstable substrate is found during any HUD inspections. This will require more diligence to stay on top of the condition of your units which you desire to be on the Section 8 program that are older than 1978 and have children under 6 years of age 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 residing, or anticipated to reside in the unit. We will require proof of the date of construction to waive this requirement.
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.
LEAD-BASED PAINT QUESTIONS & ANSWERS:
Owner Responsibilities:
Q: When will the new Lead Based Paint (LBP) Regulations take effect?
A: September 15, 2000.
Q: Which units will be affected by the new LBP requirements?
A: Units where children under age six live and were built before January 1, 1978. SRO’s 0-bedrooms, elderly/handicapped units where children are not expected to live, and units certified to be lead free are exempt from the requirements.
Q: What areas of the unit will be effected?
A: All painted surfaces – interior, exterior and common areas servicing the unit.
Q: What are the de minus areas?
A. Areas less than: 20-square feet on exterior surfaces, 2 square feet on interior surfaces, and 10% of small component.
Q. What are the owner’s responsibilities in regard to the new LBP requirements, effective September 15, 2000?
A. Disclose knowledge of lead-based paint or lead-based paint hazards:
Attach executed Lead-Based Paint Disclosure form to lease.
Stabilize deteriorated paint surfaces, using safe work practices, within 30 calendar days of notification for occupied units and before initial contracting.
Notify occupants about any lead hazard evaluation and reduction activities on the rental property.
Ensure that a clearance report is prepared within 15 calendar days of completion of the lead hazard reduction activity.
Provide a notice of hazard reduction to the residents describing the results of the clearance examination.
Provide ongoing LBP maintenance services.
Lead Paints
What Are Housing Quality Standards ("HQS")?
All rental units subsidized under the Section 8 Program must meet Housing Quality Standards (HQS). HQS is a comprehensive program established by HUD to ensure that the housing it subsidizes remains decent, safe, and sanitary.
The following summary of Housing Quality Standards is intended to help landlords prepare rental units for HQS inspections, and does not cover every aspect of the HQS regulations.
HQS: General Requirements.
The unit must include a living room, kitchen, bathroom, and one living/sleeping room for every two family members.
Ceilings and walls must be in good condition, with no large cracks, holes, peeling or chipping paint, or any loose plaster.
Floors must be in good condition. The floor covering must not be curling or have loose edges or holes.
Windows, including sills, frames, and sashes; must be in good operating condition and must open and close.
There can be no broken, cracked, or missing panes. Windows must have permanently attached, adequate locks.
All rooms must have either two working outlets; or one working outlet and an overhead light or light fixture.
All outlets, switches, and electrical boxes must have covers with no exposed or fraying wires. All electrical splices must be properly contained in junction boxes with covers.
Kitchen
Stove. All burners must work. If equipped with a pilot light, the pilot light must light the burners.
The oven must work and its door must close tightly. All parts must be functional.
Refrigerator. The door gasket must be attached to the door, forming a proper seal.
Sink. Must have hot and cold running water, a drain with trap, and be properly hooked to a sewer line. Neither the faucet nor sink can leak or drip.
Counters, Cabinets. There must be adequate food preparation and storage areas, with adequate means to dispose of food wastes.
Bathroom
Toilet. There must be a private flush toilet fastened tightly to the floor.
Sink. See Kitchen.
Tub or Shower. There must be a bathtub or shower.
Ventilation. There must be adequate ventilation either from an operable window or an exhaust fan.
Floor. There can be no rotten or weak areas in the floor, or any water damage.
Bedrooms
Windows must open and be large enough to use as an emergency exit. There must be a door which can be closed.
Heating
There must be a heating system capable of heating the unit to a comfortable temperature. Furnaces must be serviced every two years, and tested at the initial inspection.
Steps and Porches
Porches, balconies, decks, etc., more than 30 inches above the ground must have a railing 36 inches high. All inside and outside stairs must have a handrail, and be structurally sound.
Site hazards
There can be no hazards on the site, such as dilapidated structures, trash, debris, unlicensed vehicles, or non-maintained vegetation.
Infestations
There must be no roaches or rodents.
Smoke Detectors
Smoke detectors must work, be located outside each sleeping area, and on each floor of the rental unit. Hearing impaired tenants require smoke detectors with lights. Laundry rooms require smoke detectors or heat detection devices.
Water Heaters
Water heaters in units and laundry rooms must have a properly installed pressure relief valve and hot-water tolerant discharge line (no PVC). The discharge line must extend downward to within 18-24 inches from the floor if not routed outside.
Garbage Disposing
Each unit must have adequate garbage disposing and storage facilities.
Most Common Causes of Failed Inspections
Broken or cracked windows
No handrails on four or more steps
No guard rails on drop-off’s exceeding 30 inches in height
Having key-operated locks installed on interior doors
No pressure relief valve and discharge line on water heater
Smoke detectors with missing or dead batteries
For HUD’s Housing Quality Standards (HQS) Inspection Form, please click here.
What are HUD Requirements regarding Lead-Based Paint (LBP)?
There are two main LBP requirements:
(1) Disclosure (click HERE), and
(2) Evaluation and Control (click HERE).
A Disclosure Pamphlet in English, is available HERE; in Spanish-HERE.
The HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (the Guidelines) provide detailed, comprehensive, technical information on how to identify lead-based paint hazards in housing and how to control such hazards safely and efficiently. Units built before 1978 may have lead-based paint. Such units occupied by children under the age of six cannot have any substantial chipping or peeling paint, either on the interior or the exterior.
IMPORTANT NOTICE TO ALL SECTION 8 LANDLORDS CONCERNING NEW FEDERAL LEAD PAINT LAWS
The Department of Housing and Urban Development (HUD) 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.
1. 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.
2. If any defective paint is found during a Section 8 inspection, the law will prohibit the owner of the unit from doing any of the repairs, or from even taking the samples of defective paint to be sent for testing, without proper training. A licensed lead paint abatement contractor (not just a painting contractor) is the only one who can take samples and do any repair work. 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.
3. 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 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.
In short, all of #2 above can be avoided if no peeling, cracking, chalking paint or unstable substrate is found during any HUD inspections. This will require more diligence to stay on top of the condition of your units which you desire to be on the Section 8 program that are older than 1978 and have children under 6 years of age 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 residing, or anticipated to reside in the unit. We will require proof of the date of construction to waive this requirement.
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.
LEAD-BASED PAINT QUESTIONS & ANSWERS:
Owner Responsibilities:
Q: When will the new Lead Based Paint (LBP) Regulations take effect?
A: September 15, 2000.
Q: Which units will be affected by the new LBP requirements?
A: Units where children under age six live and were built before January 1, 1978. SRO’s 0-bedrooms, elderly/handicapped units where children are not expected to live, and units certified to be lead free are exempt from the requirements.
Q: What areas of the unit will be effected?
A: All painted surfaces – interior, exterior and common areas servicing the unit.
Q: What are the de minus areas?
A. Areas less than: 20-square feet on exterior surfaces, 2 square feet on interior surfaces, and 10% of small component.
Q. What are the owner’s responsibilities in regard to the new LBP requirements, effective September 15, 2000?
A. Disclose knowledge of lead-based paint or lead-based paint hazards:
Attach executed Lead-Based Paint Disclosure form to lease.
- Stabilize deteriorated paint surfaces, using safe work practices, within 30 calendar days of notification for occupied units and before initial contracting.
- Notify occupants about any lead hazard evaluation and reduction activities on the rental property.
- Ensure that a clearance report is prepared within 15 calendar days of completion of the lead hazard reduction activity.
- Provide a notice of hazard reduction to the residents describing the results of the clearance examination.
- Provide ongoing LBP maintenance services.
