What Is Lead-Based Paint
Lead-based paint is paint containing lead compound pigments used in residential properties built before 1978. Under HQS requirements, any rental unit built before 1978 where a child under 6 or a pregnant woman resides must be tested for lead-based paint hazards. If lead is found, the landlord must complete abatement or interim controls before the family can occupy the unit.
Federal Requirements
The Lead-Based Paint Hazard Disclosure Rule (42 U.S.C. 4852d) requires landlords to disclose known lead hazards in all pre-1978 properties. For Section 8 Housing Choice Voucher programs, HQS inspectors specifically assess lead hazards during Initial Inspections and follow-up inspections. Properties must pass lead safety standards before a family can move in or continue receiving rental assistance.
Lead paint hazards include deteriorated paint, dust, and soil contamination. The EPA defines hazardous levels as paint with lead content exceeding 1.0 milligrams per square centimeter or bare soil with more than 400 parts per million of lead.
Inspection and Remediation Process
- Testing: An EPA-certified lead inspector must conduct a visual assessment and collect paint samples. Lab analysis determines lead presence and concentration levels.
- Abatement: If lead hazards are found, certified abatement contractors must remove or encapsulate the paint. This involves containment, specialized disposal, and post-remediation clearance testing.
- Interim controls: Temporary measures like wet wiping, HEPA vacuuming, and paint stabilization are allowed if abatement is not immediately feasible, but only in limited circumstances.
- Clearance: After remediation, a certified lead inspector must verify the work passes clearance standards before the unit passes HQS inspection.
- Cost responsibility: Landlords bear the full cost of lead assessment and remediation. Section 8 rent cannot be reduced to offset remediation expenses.
HQS Inspection Standards
During HQS inspections, examiners document visible lead paint deterioration in all areas: interior walls, exterior surfaces, windows, doors, and trim. Any peeling, chipping, or flaking paint in units with children under 6 triggers a lead-based paint failure. The unit cannot pass inspection until hazards are resolved.
Landlords typically have 30 days from inspection notification to complete remediation and schedule a re-inspection. Failure to address lead hazards results in HQS failure, which stops Section 8 rent payments and can lead to lease termination.
Common Questions
- Do all pre-1978 units need lead testing? Only when a tenant family includes a child under 6 or a pregnant woman. If a unit previously passed with a family without these members, lead testing is required before a new family with young children moves in.
- Can I just paint over lead-based paint? No. Painting over lead hazards without proper abatement fails HQS inspection. Paint encapsulation must be done by certified contractors and verified through clearance testing.
- What if I discover lead after a family moves in? Notify your PHA immediately. The unit enters non-compliance status. You must begin remediation within 5 business days. The family may be eligible for temporary housing assistance during remediation.