Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition, Section 104(d), and
Lead-Based PaintRecipient Checklist
NOTE: The recipient cannot enter into any legal binding commitment on a particular site before the environmental review is complete. Refer to Chapter 3 for more information on the Environmental Review Process. However, an option agreement on a particular proposed site or property is allowable prior to completion of the environmental review IF the option agreement is subject to a determination by the recipient of the desirability of the property for the project as a result of the completion of the environmental review and the cost of the option is a nominal portion of the purchase price. Refer to Chapter 3 for more details.
____ 1. Project involves the acquisition or donation of real property, permanent and temporary construction easements, and leases in excess of 50 years? If yes, the acquisition checklist, Exhibit 8A, was followed.
____ 2. Project involves conversion of occupied and/or vacant occupiable low/moderate income dwelling units? If yes, the 104(d) checklist starting on page 8-11 was followed.
____ 3. The project involves tenant displacement and relocation. Current tenants are the primary concern with URA, but its possible that the previous owner could have evicted a tenant or failed to renew a lease in order to sell the property as “vacant” for the project. Since such tenants are also entitled to relocation benefits, the circumstances surrounding any move from the property during a 12-month period prior to sale must be considered.
a. ____ General Information Notice (GIN) provided to tenantb. ____ Notice of Eligibility provided to tenantc. ____ 30 day Notice provided to tenantd. ____ 90 day Notice provided to tenante. ____ DSS comparable unit was foundf. ____ Tenant was reimbursed for moving expenses, totaling $________g. ____ Replacement Housing Payment was provided: Yes___ No___, amount of
payment $________________ h. ____ Relocation Assistance Payments (rental assistance) was made to the tenant
in the amount of $_____________, in ____ payments (must be more than one).
____ 4. Tenants of purchasers of pre-1978 housing received notice about lead based painthazards. Delivery of this notice, if applicable, is contained in the project file.
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-1
Uniform Relocation Assistance and Real Property Acquisition,
Section 104(d),and Lead-Based Paint
NOTE: Several federal laws apply to projects assisted in whole or in part with Community Development Block Grant funds that include any of the following activities:• Acquisition of real property;• Acquisition of permanent and temporary construction easements;• Displacement of businesses, nonprofit organizations and persons residing in
the project area;• Demolition or conversion of occupied and/or vacant occupiable low/moderate
income dwelling units; or• Rental housing rehabilitation (Applicable to renter rehabilitation only).If your project has any of these activities, call your Oregon Business Development Department Regional Coordinator. This Grant Management Handbook gives an overview of the different guidelines, but does not include exhaustive information on these subjects. The Coordinator will provide technical assistance to help your jurisdiction comply with the regulations and will supply you with supplementary information as necessary for your situation.
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION (URA)Basic Federal Requirement
All real property, permanent easements, temporary construction easements, long term leases of 50 years or more, relocation of businesses and nonprofit organizations or persons are to be acquired and conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended January 4, 2005 (Uniform Act or URA), which covers all HUD assisted program/projects as required by 49 CFR Part 24 and 24 CFR Part 570.The complete text can be found online at http://www.access.gpo.gov/nara/cfr/waisidx_99/49cfr24_99.html.
HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition, change 8, issued March 16, 2007 and Part V of the Department of Transportation regulation located at 49 CFR Part 24 updated January 4, 2005 provides the information necessary to addresses any type of acquisition andcontains detailed guidance on the URA requirements. Before proceeding with any acquisition, the recipient may request a copy of the Handbook and updated regulation from OBDD or download a copy from http://www.hud.gov/offices/cpd/library Since the handbook is in a continual state of being updated, it is recommended that the grant recipient obtain the most current version located on the HUD web site. The state can also provide information booklets, sample notices and other materials to assist recipients.
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-2 (2013) Community Development Block Grant
When do the URA requirements begin?
What if a project proponent already started a project?
In accordance with 49 CFR 24.2(a)(22) URA requirements apply to any project where federal financial assistance is received or anticipated in any phase. The CDBG application procedure contained in the current Method of Distribution require the submission of a Project Notification and Intake (PNIF) form, and is considered a pre-application screening tool, to determine project eligibility under the program and constitutes evidence that the applicant intends to seek federal financial assistance.
The state generally defines “intent to use CDBG funds” as the date the department receives a Project Notification and Intake Form (PNIF). The PNIF does not need to be processed or approved by OBDD, only received. The PNIF does not have to identify the project proponent’s desire to use CDBG funds for the project it need only describe the project itself. Intent to use CDBG funds could also be triggered by OBDD’s receipt of the “Off-Site Infrastructure for Affordable Housing Request for Pre-Screening”. From this point forward all the federal and state CDBG program requirements apply to the project.
In accordance with HUD Handbook 1378, Chapter 1-4-I-2, please note that the following will also trigger the URA requirements and need for GIN notices. In these instances the URA requirements apply whether or not the department has received a Project Notification and Intake Form:
� Conducting a first public hearing identifying that it is the applicant’s intent to use CDBG funds; or
� Issuance of any other form of public notice (press release, newsletter, public notices or advertisements) that identifies intent to use CDBG funds for the proposed project; or
� Any action at public City Council meetings, County Commission meetings or other public meetings regarding the potential use of CDBG funds for a project; or
� Initiation of an income survey to determine if the project will meet the area wide low and moderate income benefit requirements; or
� Any other event or event documentation that can be considered convincing rebutted evidence documenting intent to use CDBG funds for the project.
The acquisition activities of non-profit organizations are subject to the Uniform Act requirements, is such activities are for a Federal or federally assisted program or project. If the non-profit is going to complete the project without CDBG assistance they can proceed, however, if the non-profit is not going to be able to complete the project without CDBG assistance, the grant recipient needs to ensure the acquisition activities of the non-profit are completed in conformance with the URA requirements.
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-3
Definitions Easement – Permanent easement or temporary construction easement.
Income – Income is defined as total gross income for a 12 month period from all sources (earned and unearned) including but not limited to: wages and salaries; child support; alimony; unemployment benefits; workers compensation; social security; net income from businesses; and, welfare payments. Income does not include: income received/earned by dependent children and full time students under 18 years of age; food stamps and WIC.
Subject To (involuntary) – Acquisitions of real property, permanent easements, temporary construction easements, life estates and leases of 50 years or more are subject to subpart B of the URA requirements. Used to be known as “involuntary” acquisitions.
Not Subject To (voluntary) – Acquisitions of real property, permanent easements, temporary construction easements, and leases of 50 years or more, not subject to the requirements of subpart B of the URA requirements. Used to be known as “voluntary” acquisitions.
Any “not subject to” acquisition that is not handled properly, such as improper notices mailed etc. will no longer be considered “not subject to” and must be considered a “subject to” acquisition needing to follow all requirements of subpart B of URA.
Market Value – The terms Market Value and Fair Market Value are synonymous.
Mobile Home – Includes manufactured homes and recreational vehicles used as residences. Mobile homes are now considered the same as stick built homes.
Property Acquisition/ Permanent Easement/ Temporary Construction Easement
URA requirements apply to the acquisition of real property, permanent easements, temporary construction easements and long-term leases of 50 years or more for Community Development Block Grant assisted projects. The purpose is to ensure the fair, equitable and consistent treatment of owners of real property to be acquired for federally assisted projects.
Recipients should familiarize themselves with all applicable regulations and work with their OBDD Regional Coordinator to ensure that all requirements are met.
All Sources of Funds are Covered
If Community Development Block Grant assistance is used for any part of the project, the Uniform Act must be followed, even if local or other non-Community Development Block Grant funds are used to pay the acquisition costs.
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-4 (2013) Community Development Block Grant
Types of Acquisition
URA applies to: acquisition of fee simple title; acquisition of fee title that is subject to retention of a life estate or a life use; acquisition by leasing where the lease term, including option(s) for extension, is 50 years or more; and to the acquisition of permanent easements and temporary construction easements.
Exhibit 8A contains an “Acquisition Checklist” and flow chart for grant recipients to use in adhering to these complicated requirements.
Prior to the commencement of each acquisition (notices mailed to property owners), considered by the recipient to be “not subject to” the recipient must receive concurrence from OBDD that the acquisition is “not subject to” the requirements of Subpart B of the Uniform Act. Exhibit 8B contains the required form to use for this concurrence from the state.
Appraisal Requirements
In most cases, URA will require the recipient to obtain an independent appraisal of the property, permanent easement or temporary construction easement prior to negotiating a sale with the property owner. Independent appraisals are necessary as documentation that acquisition costs are “reasonable and necessary” per federal regulations. An exception to this requirement may be allowed for small, uncomplicated acquisitions with low fair market values of $10,000 or less.
When an appraisal is not required for “not subject to” transactions the recipient must have on file evidence of how the fair market value of the property was determined by a qualified person knowledgeable in land/property valuation.
When an appraisal is waived by a property owner for “subject to” transactions the recipient must have on file a waiver valuation. Refer to HUD Handbook 1378 for waiver valuation requirements.
All appraisals must meet the minimum appraisal requirements of the Uniform Act. Note that URA requires an appraisal to be current; this means no more than one year (12 months) old at the time the offer of just compensation is made. Exhibit 8C contains a Guide for Preparing An Appraisal Scope of Work that can be used in meeting these requirements. Exhibit 8D contains a draft Agreement for Appraisal Services that can be used as a guide for entering into agreements with companies providing appraisal services. Exhibit 8E contains a Certificate of Appraiser that can be used for “subject to” acquisitions or other acquisitions where an appraisal is obtained.
“Subject to” transaction property owners, where the value of the land is estimated at $10,000 or more have the right to accompany the appraiser when the appraisal is conducted on their property. Exhibit 8F contains an example invitation to the property owner to accompany the appraiser.
Once the appraisal has been completed, a review of the appraisal is necessary to assure that it meets applicable appraisal requirements. The review appraiser needs
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-5
to determine that the appraiser’s documentation, including valuation data and the analyses of that data, demonstrates the soundness of the appraiser’s opinion of value.
Donations The Uniform Act applies to donations. Recipients must not accept or negotiate donations of real property or easements unless the specific provisions of URA are followed. Donated property does not have to be appraised if the requirements of URA are met.
Purchase Options, Sales Agreements and Other Agreements
Federal acquisition rules must be followed prior to negotiating permanent easements, purchase options, sales agreements or donation agreements. In cases where there is an existing, true, option to purchase property for a project, all disclosures must be made to the property owner prior to exercising the option. When an option is exercised, a contract of sale is entered. An “earnest money agreement” is not an option to purchase. Detailed federal acquisition requirements are at http://www.fhwa.dot.gov/realestate/49cfr.htm.
To assist recipients in complying with tenant access notification requirements, use of tenant access clauses in purchase options is recommended. Such a clause requires the property owner to allow tenant access for purpose of obtaining information and issuing notices.
The recipient cannot enter into any legal binding commitment to a particular site before the environmental review is complete. Refer to Chapter 3 for more information on the Environmental Review Process. However, an option agreement on a particular proposed site or property is allowable prior to completion of the environmental review IF the option agreement is subject to a determination by the recipient of the desirability of the property for the project as a result of the completion of the environmental review, issuance of the ROF by the state and the cost of the option is a nominal portion of the purchase price. Refer to Chapter 3 for more details.
Initiation of Negotiations
To assist recipients in complying with URA requirements, some sample initialnotices and agreements with property owners regarding proposed acquisition areattached. These include:
Exhibit 8G - Notice for Acquisition of a Permanent Easement or Real Property -Initial Notice to “subject to”
Exhibit 8H - “Subject to” Donation Agreement
Exhibit 8I - Letter for Acquisition of a Permanent Easement or Real Property -Initial Notice to “not subject to”
Exhibit 8J - “Not subject to” Donation Agreement
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-6 (2013) Community Development Block Grant
Fair Market Value
Eminent Domain
Uniform Act Reference Document
Exhibit 8K - U.S. Housing and Urban Development Brochure “When a PublicAgency Acquires Your Property”
HUD has published this brochure designed to answer property owners’ questions when dealing with a public agency. This publication must be given to all property owners and can be found electronically at http://www.hud.gov/offices/cpd/library/
Exhibit 8L-- Notice of Just Compensation.
Recipient’s file must indicate the manner in which this notice was delivered(e.g., personally served or certified mail return receipt requested) and the date of delivery. If the letter was personally served obtain a written receipt ofdelivery from the property owner at the time of delivery.
The fair market value for properties “subject to” the requirements cannot beexceeded, unless there is clear evidence the acquisition will:
� Go to eminent domain proceedings; and� The additional cost above fair market value plus the cost of completing
eminent domain proceedings is more than the negotiated price.
This MUST be clearly documented and should be a rarity. Contact the department’sRegional Coordinator for your area for advice.
The US, Department of Housing and Urban Development’s has a statutoryprohibition on the use of HUD Fiscal Year (FY) 2006 and 2008 funds for eminentdomain related activities. This prohibition clarifies the statutory prohibition againstusing HUD programs to support eminent domain for non-public purposes. Ifeminent domain will be a part of any CDBG project assisted in whole or in partwith FY 2006 of 2008 CDBG funds for non-public purposes the project will nolonger be eligible for assistance from the CDBG program and all expended grantfunds must be repaid to the State. Please contact the department’s RegionalCoordinator for assistance in determining if your project has been allocated FY2006 or FY 2008 funds.
Note: If an agency does not have the authority to acquire property from the federalgovernment through condemnation the acquisition will meet the requirements of 49 CFR Part 24.101(b)(3). In accordance with this regulation, if the agency desiring toacquire the property from the Federal Agency does not have authority to acquirethrough condemnation, such acquisition is not subject to URA basic acquisitionpolicies. Unlike voluntary acquisitions from a private party under 24.101(b)(2),there are also no seller notification requirements.
HUD Handbook 1378, Tenant Assistance, Relocation and Real PropertyAcquisition, change 8, issued March 16, 2007 and Part V of the Department ofTransportation regulation located at 49 CFR Part 24 updated January 4, 2005provides the information necessary to addresses any type of acquisition and
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-7
contains detailed guidance on the URA requirements. Before proceeding with anyacquisition, the recipient may request a copy of the Handbook and updatedregulation from OBDD or download a copy fromhttp://www.hud.gov/offices/cpd/library/ The state can also provide informationbooklets, sample notices and other materials to assist recipients.
DISPLACEMENT AND RELOCATION
URA covers displacement and relocation. A displaced person under URA is an individual, family, partnership, association, corporation, non-profit or organization, which moves from their home, business, or farm, or moves their personal property, as a direct result of acquisition, demolition or rehabilitation for a Community Development Block Grant project. Displaced persons are eligible for relocation assistance under the URA. Section 104(d) of the Housing and Community Development Act also governs the replacement of housing and relocation of individuals due to Community Development Block Grant-funded activities. Section 104(d) may be found at http://nhl.gov/offices/cpd/affordablehousing/training/web/relocation/section104dfm The Act is implemented by regulations at 24 CFR Part 42(http://www.access.gpo.gov/nara/cfr/waisidx_03/24cfr42_03.html). Regulations for relocation benefits are in 24 CFR Part 42.350.
HUD has developed several brochures for persons in need of relocation assistance. All are available from a regional coordinator or online at the Housing and Urban Development website. They are:
• Relocation Assistance to Persons Displaced From Their Homes (Section 104(d))
• Relocation Assistance to Tenants Displaced From Their Homes• Relocation Assistance to Displaced Businesses, Nonprofit Organizations
and Farms
Basic Project Development Concepts
• Relocation Assistance to Displaced Homeowner Occupants
When developing your project, here are some basic concepts to keep in mind:
1) “Buy vacant” for CDBG funded projects because relocation requirements are complicated and expensive.
2) If there is going to be a relocation during the project, the grant recipient is required to have a “relocation plan” in place.
3) If the property has been vacant for 3 years, 1:1 replacement will not be required.
URA Triggers NOT SUBJECT TO – (Voluntary) – Causing Displacement� Owner occupied – URA Triggered – NO� Tenant occupied – URA Triggered – YES
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-8 (2013) Community Development Block Grant
Unfound Displaced Tenants
Tenant Notices
� Business/other occupied – URA Triggered – YES
SUBJECT TO – (Involuntary) – Causing Displacement� Owner occupied – URA Triggered – YES� Tenant occupied – URA Triggered – YES� Business/other occupied – URA Triggered - YES
If the tenants who were issued a GIN vacated before the initiation of negotiations (i.e. the date the CDBG grant agreement is fully executed between the recipient and the State) they do not qualify as displaced. GIN’s should be issued as soon as feasible after the department receives a Project Intake Form, as the intake constitutes intent to use federal funds. Anyone who vacates a property after the Intake is submitted to the department but before receiving a GIN could claim to have been displaced by the project.
If there are unfound displaced tenants, that qualify for benefits under URA there are two potential paths:
1) Grant recipient properly provided the GIN, that advised the tenant not to move, and used all reasonable procedures to locate said tenant(s), the regulations allow the tenant(s) 18 months to file a claim for URA benefits, when there are no extenuating circumstances.
2) Grant recipient did not properly provide GIN, the tenant(s) now have extenuating circumstances and they can file a claim to extend the 18 month window to file a claim for URA benefits, indefinitely.
If the tenant(s) are found or file a claim for benefits they must be paid. The exact URA benefit amount cannot be determined until you know where they are residing, to calculate the replacement housing payment.
All occupants of buildings that will be acquired, rehabilitated or converted to another use as a result of a Community Development Block Grant project must receive timely notices about their rights under federal law. The notices include:
General Information Notices (GIN) – Informs the occupant(s) of a possible project and includes the appropriate HUD booklet, in this case it would be HUD booklet 1042-CPD Relocation Assistance to Tenants Displaced from their Homes. This notice must be issued as soon as possible after it has been determined that HUD CDBG funds are intended to be used for the project (i.e. Department’s receipt of a Project Intake Form.)
Notice of Eligibility – Informs occupants that will be displaced of their rights and levels of assistance under URA.
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-9
30 and 90 day Notices – Informs occupants of the day by which they must vacate the property. Displaced persons may not formally be given LESS than 90 days to vacate their residence.
The recipient must have documentation that the notices were received by the tenant when the grant application is submitted to the state, by means of certified mail return receipt or the tenant signed for the notice. Tenants who did not receive their notices at the project application stage may be entitled to relocation benefits under federal law. There are many notices, depending upon the details of the situation, rather than include all types of notification in this Grant Management Handbook, the recipient is encouraged to use the numerous examples of notices (“guide form notices”) in HUD Handbook 1378. These may be accessed for download at http://www.hud.gov/offices/cpd/library/relocation/policyandguidance/handbook178.cfm. A wide range of samples for different situations are found in the appendices. Examples of the three most commonly used notices are contained in the Exhibits:
Exhibit 8M-- Sample Notice to Tenants
Exhibit 8N-- GIN – Non-Displaced Residential Tenant
Exhibit 8O-- GIN – Displaced Residential TenantCurrent tenants are the primary concern with URA, but it’s possible that the previous owner could have evicted a tenant or failed to renew a lease in order to sell the property as “vacant” for the project. Since such tenants are also entitled to relocation benefits, the circumstances surrounding any move from theproperty during a 12-month period prior to sale must be considered.
Replacement Housing Assistance
Displaced Persons
Comparable Unit
Assistance can be provided as rental assistance or down payment assistance. Rental assistance can be replacement-housing payment (RHP). The amount of RHP varies depending upon whether the family is a lower income or non-lower income family, using HUD’s family size and income limits. URA establishes a $5,250 cap on payments. This cap can be exceeded on last resort housing situations, where the $5,250 is not sufficient to relocate the household. Cash rental assistance must be provided in payments, unless it is to be used to purchase a home.
Displaced persons must rent or purchase decent safe and sanitary (DSS) units within one year after being displaced in order to qualify for a replacement housing payment. The displaced person must file the claim forms within 18 months after being displaced. If the displaced person selects a unit that fails inspections for codes and standards and necessary corrections cannot be made, RHP cannot be made. But the displaced person can get moving expenses.
Each recipient must offer one or more units to the displaced person, in which the size and function, contain the same principle features and location (reasonable access to person’s employment, schools, medical facilities etc. general
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-10 (2013) Community Development Block Grant
Replacement Unit
Moving Expenses
Relocation Assistance and Payments
Factors for calculating Assistance
Residential Antidisplacement and Relocation Assistance Plan
neighborhood characteristics, proper environmental conditions) are as similar as possible to the unit the person is leaving and is DSS. The comparable unit must also be available for use/occupancy.
Public housing is a comparable unit for displaced public housing tenants, but NOT for other tenants.
The replacement unit is the unit the person actually moves into.
Moving expenses must be reasonable and necessary. The displaced person may choose to receive payment for moving expenses by commercial mover; reimbursement of actual expenses incurred by the displaced person; FHWA fixed payment; or any combination of the aforementioned. The residential moving cost schedule, effective August 22, 2008 can be found athttp://edocket.access.gpo.gov/2008/pdf/E8-16893.pdf
The URA provides for relocation assistance and payments to eligible persons displaced from their homes, businesses and farms as a direct result of a federally funded program or project. Residential tenants and owner-occupants of 90 days or more that are displaced from their dwellings may be eligible for a replacement housing payment, for rental assistance, or down payment assistance. Information regarding eligibility for this assistance is available at http://www.fhwa.dot.gov/realestate/ua/ualic.htm. Consult your Regional Coordinator for details of this program.
Cash rental assistance payments must be made in at least two installments. The first installment must be at the beginning of the move and the second and final installment must be after the relocation is completed.
The income of the displaced person is not a factor in determining basic eligibility, but for lower-income residential tenants it is a factor in calculating the amount of assistance they will receive. There is no income cut-off for eligibility for relocation assistance. Anyone who is displaced may be entitled to URA assistance.
All recipients are required to follow the State of Oregon Antidisplacement and Relocation Assistance Plan (Exhibit 2A).
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-11
URA Reference Document
Specific instructions for meeting the federal relocation requirements are beyond thescope of this Grant Management Handbook. Recipients with projects that may result in any person or business moving, temporarily or permanently, must use HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition, change 5, issued January 12, 2006 and Part V of the Department of Transportation regulation located at 49 CFR Part 24 updated January 4, 2005 (http://www.hud.gov/offices/cpd/library/relocation/policyandguidance/handbook78.cfm) and discuss the requirements with the regional coordinator for their project at the beginning of the project. Many of the U.S. Department of Housing and Urban Development brochures for displaced homeowners, businesses, tenants, and persons are available upon request from OBDD or at http://www.hud.gov/offices/cpd/library/relocation/publications/.
Relocation Benefits for Aliens
Aliens not lawfully present in the United States are not eligible for URA relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent or child. A person seeking URA relocation assistance must certify that the person is a United States citizen or national, or an alien lawfully present in the United States.
SECTION 104(D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
Basic Federal Requirement
Section 104(d) of the Housing and Community Development Act requires replacement of low and moderate-income housing units that are demolished or converted to another use in connection with a CDBG assisted activity. “Low and moderate income dwelling unit” means a dwelling unit or home with a market rent (including utility costs) that does not exceed the applicable fair market rent (FMR) for Section 108 housing program. The unit can be occupied or vacant. The term does not include a unit that is owned and occupied by the same person(s) before and after the rehabilitation. The overview is found at http://nhl.gov/offices/cpd/affordablehousing/training/web/relocation/section104dfm
Example This rule applies to units being demolished or converted from permanent housing to temporary housing or another use. One example of a project that can trigger the one-for-one replacement rules is the rehabilitation of a single-family home for use as a homeless shelter.
Note: A millionaire could own and live in a low and moderate-income dwelling unit or vice versa a low-income household could live in a mansion.
Section 104(d) vs. The Uniform Act (URA)
The relocation assistance and payments for eligible persons under Section 104(d) are similar to those required for the URA, but there are a number of differences. One significant difference is the period of time used to calculate a rental assistance payment; Section 104(d) factors in 60 months vs. 42 months for the URA. Displaced persons eligible for assistance from both Section 104(d) and URA must
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-12 (2013) Community Development Block Grant
choose to receive relocation assistance from only one program.
Section 104(d) Requirements
Section 104(d) requirements include:• One for One replacement of all occupied and vacant occupiable low- or
moderate-income dwelling units that are demolished or converted to a use other than low- or moderate-income permanent housing in connection with an activity assisted under the Housing and Community Development Act (HCDA), and
• Provision of certain relocation assistance to any lower income person displaced as a direct result of the demolition of any dwelling unit or conversion of a low- or moderate-income dwelling unit to a use other than a low- or moderate-income permanent residence.
Section 104(d) Resources
104(d) Checklist
Contact an Oregon Business Development (OBDD) regional coordinator for the applicable federal regulations and assistance if your project involves demolition or conversion of housing units. There have been many recent changes in definitions of different types of dwellings and eligibility requirements. More information is found in HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition, change 5, issued January 12, 2006 and Part V of the Department of Transportation regulation located at 49 CFR Part 24 updated January 4, 2005 that may be found online at http://www.hud.gov/offices/cpd/library/
Relocation Assistance:Section 104(d) Tenant Assistance applies to owners and renters. To determine if the household is subject to 104(d) tenant relocation assistance use the following checklist.
1) Are CDBG funds used in the project?
2) Is the household low income? Low Income Household (not family) means – Households whose income is below 80% of median. (Low and moderate income for the CDBG program.)
3) Will the unit be demolished or converted to another use?
4) Provide 104(d) tenant assistance if the answers to all of 1-3 above are “yes”.
Notes: Residents that are not considered to be low income are still protected by URA and must be evaluated for relocation benefits under URA.Residents eligible to receive 104(d) tenant assistance are still protected by URA and must also be evaluated for relocation benefits under URA. If both URA and 104(d) applies tenant/resident must get both sets of notices required by each regulation. Persons eligible for relocation benefits from both URA and 104(d)
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-13
must choose one program to receive benefits from. They cannot receive benefits from both programs.
One for One Replacement:To determine if the unit is subject to one for one replacement use the following checklist:
1) Are CDBG funds in the project?
2) Is the unit low income? Low/Moderate Income dwelling unit means – The rent and utilities is below the affordable rent for FMR (Fair Market Rents) – applies to rental and owner occupied units. For owner occupied units it would be the rent the unit would command if it were made available on the rental market.
3) Will the unit be demolished or converted to another use?
4) Is the unit occupied or vacant-occupiable?Vacant Occupiable - The unit is standard, vacant and suitable for rehab, or dilapidated but has been occupied within the last three months.
5) If the answers to 1-4 above were all “yes” than the unit needs to be replaced.
24 CFR 42.375(b)(2) requires 1:1 replacement. Meaning a duplex containing 2- 1 bedroom, 1 bathroom units cannot be replaced by a single family dwelling containing 3 bedrooms and 2 bathrooms. The duplex must be replaced by a like duplex of 2 units containing 1 bedroom, 1 bathroom each.
LEAD-BASED PAINTBasic Federal Requirement
The Lead-Based Paint Poisoning Prevention Act and HUD implementing regulations at 24 CFR 570.487(c) (found online at http://www.access.gpo.gov/nara/cfr/waisidx_03/24cfr570_03.html) affect recipients using Community Development Block Grant funds to rehabilitate residential housing. Effective September 15, 2000 revisions to the Lead-Based Paint (LBP) Regulations 24 CFR Part 35 were implemented. These may be viewed at http://www.hud.gov/offices/lead/enforcement/lshr.cfm
Lead Safe Housing Rule
HUD has implemented regulations to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government or being sold by the government. The "Lead Safe Housing Rule” that contains requirements for notification, evaluation and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance, was published in the Federal Register on September 15, 1999. The requirements apply to housing
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint
8-14 (2013) Community Development Block Grant
built before 1978; the year lead-based paint was banned nationwide for consumer use. It is found at http://www.hud.gov/offices/lead/enforcement/lshr.cfmA technical amendment to this regulation was published in the Federal Register on June 21, 2004.
The new regulation puts all of the department's lead-based paint regulations in one part of the Code of Federal Regulations, making it much easier to find HUD policy on the subject.
Requirements The regulation sets hazard reduction requirements that give much greater emphasis than previous regulations to reducing lead in house dust. It requires dust testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend on the type and amount of financial assistance, the age of the structure, and whether the dwelling is rental or owner-occupied. These regulations affect all Community Development Block Grant awards made by the state for housing rehabilitation after September 15, 2000.
Certification The grant award contract includes a certification that no lead-based paint will be used in residential units.
Lead-Based Paint Notice
All purchasers and tenants of Community Development Block Grant assisted housing constructed prior to 1978 must receive a notice about the hazards of lead-based paint. Applicants for housing rehabilitation loans or grants also should receive notification. The notification form to be used is the current Environmental Protection Agency (EPA) pamphlet, Protect Your Family from Lead in Your Home. A copy is included as Exhibit 8P.
Grant recipients must keep documentation of the notifications in their local project file. This can be done by using the evidence of notification form at http://www.epa.gov/oppt/lead/pubs/lesr_eng.pdf and attached as Exhibit 8Q. An alternative way to document the notice to buyers and tenants is by obtaining a copy of the signed disclosure statement that all sellers and landlords are now required to retain by federal law (unrelated to the Community Development Block Grant program).
In addition to the disclosure requirements, housing rehabilitation with federal assistance must meet the requirements of lead-based pain poison prevention in the regulations at 24 CFR 35 Subpart J, Rehabilitation. Subpart J includes different and accumulatively more stringent requirements as the per unit federal assistance or rehabilitation funding increases. The requirements are:�All rehabilitation: Paint testing of surfaces to be disturbed or presume that painted surfaces are lead-based paint, notice to occupants of the evaluation of paint testing or presumption of lead-based paint, lead safe work practices during rehabilitation and lead hazard reduction, and ongoing lead-based paint maintenance in projects.�$5,000 or less per unit: Repair of disturbed paint and clearance of work site.�Over $5,000 to $25,000 per unit: Risk assessment, interim controls, and notice to
Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint
Grant Management Handbook (2013) 8-15
occupants of lead hazard reduction.�Over $25,000 per unit: Risk assessment, abatement of lead-based paint hazards, and notice to occupants of lead hazard reduction.
State Regulations All state Community Development Block Grant programs are required to develop procedures to eliminate the hazards of lead poisoning due to the presence of lead-based paint in housing assisted with Community Development Block Grant funds. In addition, the Lead-Based Paint Hazard Reduction Act of 1992 (Title X) requires states to establish certification programs for inspectors and contractors and accrediting programs for trainers.
Lead-Based Paint References
HUD’s Office of Healthy Homes and Lead Hazard Control's Community Information and Outreach website has a wide assortment of materials, from lead information brochures to large, full-color posters, including those printed in several languages at http://www.hud.gov/offices/lead/Another source of information is the National Lead Information Center accessed at http://www.epa.gov/lead/pubs/nlic.htm or by calling (800) 424-LEAD.
The State of Oregon’s Lead-Based Paint Program has a toll-free LeadLine at (800) 368-5060. Its website is at http://oregon.gov/DHS/ph/leadpaint/index.shtml.
Grant Management Handbook (2013) Exhibit 8A
ACQUISITION CHECKLIST
City/County:___________________________ Grant #:______________________
RE:____________________________________________________________________
Owner(s):____________________________ Tenants:______________________Address:_____________________________ Address:______________________
______________________________ _______________________
“Not Subject To” Acquisitions (No Displacement):
1. State concurrence of “Request for Acquisition Exemption” (Exhibit 8B).2. Identify all potential easements/land that need(s) to be acquired.3. Prepare legal descriptions for each acquisition.4. Obtain the services (in accordance with the requirements found in Chapter 5) of someone knowledgeable in
local Fair Market Values (FMV) (i.e. real estate broker). Document the persons experience and knowledge for the files, and obtain FMV estimates for each acquisition.
5. Prepare initial “not subject to letter” Exhibit 8I. Attach Exhibit 8J “sample not subject to donation agreement. Send letters certified mail, return receipt, or hand deliver the letters and have the owner sign a statement of receipt, which is placed in the project file.
6. Fully informed owner signs donation agreement (Exhibits 8J). Skip to item “12” below.7. Recipient establishes purchase offer amount. (Offer must be no less than the FMV determined by the
person knowledgeable in FMV’s.).8. Owner provided just compensation and purchase offer letter (Exhibit 8L).9. “Purchase option/option agreement” conditioned upon completion of the environmental review, receipt of
CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter’s 3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “10” below.
10. Once the ROF has been issued by the state, the option agreement/purchase option can be exercised, and a contract of sale entered into.
11. Payment made to owner.12. Settlement costs (closing costs) paid by grant recipient.13. Title recorded and paid for by the grant recipient.
“Subject To” Procedures - valued less than $10,000 (No Displacement):
1. Identify all potential easements/land that need(s) to be acquired.2. Prepare legal descriptions for each acquisition.3. Obtain the services (in accordance with the requirements of Chapter 5) of someone knowledgeable in local
Fair Market Values (FMV) (i.e. real estate broker). Document the persons experience and knowledge for the files, and obtain FMV estimates for each acquisition.
4. Prepare initial “subject to letter” Exhibit 8G and insert paragraph 2. Attach Exhibit 8K “When a Public Agency Acquires Your Property” and Exhibit 8H “sample subject to donation agreement. Send letters certified mail, return receipt, or hand deliver the letters and have the owner sign a statement of receipt, which is placed in the project file.
5. Fully informed owner signs donation agreement (Exhibits 8H). Skip to item “6(f) or 7(k)” below.6. If the owner does not request an appraisal.
a) Recipient establishes purchase offer amount (Offer must equal the FMV determined by the person knowledgeable in local FMV)
b) Using Exhibit 8L - Owner is provided just compensation and purchase offer letter.
Exhibit 8A (2013) – Acquisition Checklist
Exhibit 8A (2013) Community Development Block Grant
c) “Purchase Option/Option Agreement” conditioned upon completion of the environmental review, receipt of CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter 3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “6(d)” below.
d) Once the ROF has been issued by the state, the option agreement can be exercised, and a contract of sale entered into.
e) Payment to owner is made.f) Settlement costs (closing costs) paid by grant recipient.g) Title recorded and paid for by the grant recipient.
7. If the owner requests an appraisal.a) The grant recipient is required to retain the services of a professional appraiser.b) Recipient must procure for an appraiser in accordance with procurement requirements in Chapter 5
and ensuring the federal clauses are included in the agreement.I. Using Exhibit 8C – Guide for preparing an Appraisal Scope of Work.
II. Using Exhibit 8D – Agreement for Appraisal Services.III. Using Exhibit 8E – Certificate of Appraiser.
c) Property owner must be invited to accompany appraiser on-site during the appraisal, using Exhibit 8F – Invitation to Accompany Appraiser.
d) Grant recipient receives original appraisal.e) Grant recipient obtains 2nd appraisal review of the original appraisal report, which the second
appraiser’s services must be procured for properly in accordance with Chapter 5.f) Recipient establishes purchase offer amount (Offer must equal the appraised FMV).g) Using Exhibit 8L - Owner is provided just compensation and Purchase Offer letter.h) “Purchase Option/Option Agreement” conditioned upon completion of the environmental review,
receipt of CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “7(i)” below.
i) Once the ROF has been issued by the state, the option agreement can be exercised, and a contract of sale can be entered into.
j) Payment to owner is made.k) Settlement costs (closing costs) paid by grant recipient.l) Title recorded and paid for by the grant recipient.
Easements valued at $10,000 or more (No Displacement):
1. Identify all potential easements/land that needs to be acquired.2. Prepare legal descriptions for each acquisition.3. Prepare initial “subject to letter” Exhibit 8G and insert paragraph 1. Attach Exhibit 8K “When a Public
Agency Acquires Your Property” and Exhibit 8H “sample agreement for subject to donation agreement.Send letters certified mail, return receipt, or hand deliver the letters and have the owner sign a statement of receipt, which is placed in the project file.
4. Fully informed owner signs donation agreement (Exhibits 8H). Skip to item “14” below.5. Procuring for an appraiser in accordance with procurement requirements in Chapter 5, and ensuring the
federal clauses are included in the agreement.I. Using Exhibit 8C – Guide for preparing an Appraisal Scope of Work.II. Using Exhibit 8D – Agreement for Appraisal Services.
III. Using Exhibit 8E – Certificate of Appraiser.6. Property owner must be invited to accompany appraiser on-site during the appraisal, using Exhibit 8F –
Invitation to Accompany Appraiser.7. Grant recipient receives original appraisal.8. Grant recipient obtains 2nd appraisal review of the original appraisal report, which the second appraiser’s
services must be procured for properly in accordance with Chapter 5.
Grant Management Handbook (2013) Exhibit 8A
9. Recipient establishes purchase offer amount (Offer must equal the appraised FMV).10. Using Exhibit 8L - Owner is provided just compensation and purchase offer letter.11. “Purchase Option/Option Agreement” conditioned upon completion of the environmental review, receipt of
CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter 3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “12” below.
12. Once the ROF has been issued by the state, the option agreement can be exercised, and a contract of sale entered into.
13. Payment to owner is made.14. Settlement costs (closing costs) paid by grant recipient.15. Title recorded and paid for by the grant recipient.
SIGNIFICANT DOLLAR AMOUNTS
Appraisals: First Appraisal: $___________ Review Appraisal: $_____________
FMV determined by person knowledgeable in property values: $____________________
Just Compensation Offered: $_______________
Final Acquisition Price: $__________________
Settlement Costs paid by recipient: $_________________
Exhibit 8B (2013) – Request for Acquisition Exemption
Grant Management Handbook (2013) Exhibit 8B
REQUEST FOR ACQUISITION EXEMPTION
To: Oregon Business Development Department775 Summer Street NE – Suite 200Salem, Oregon 97301-1280
FROM: __________________________ Grant #: __________________(City/County)
RE: ____________________________________________________________(Description of Property)
Please provide concurrence that the above property is exempt from the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
This acquisition of real property is exempt as defined in 49 CFR, Part 24.101 (Check only one):
___ “Not Subject To” transaction. All procurement requirements specified in OMB 102 will be met and this transaction meets the requirements of ALL THREE of the following conditions:
� Not acquired under the threat of eminent domain. Owners will be provided written notice to this effect.
� A specified site is not necessary. There are other sites that will work, should negotiations fail on this property.
� The owner will be informed of the estimated fair market value of the property.
___ Property to be acquired is in government ownership and cannot be taken by eminent domain. Property owner is:_______________________
FOR ECONOMIC DEVELOPMENT REVOLVING LOAN FUND PROJECTS - ONLY
___ Property to be acquired by private sector and before the seller enters into contract of sale, the buyer will inform the seller:
� That is does not have the power of eminent domain and should negotiations fail to result in an amicable agreement, the property will be acquired.
� The owner will be informed of the estimated fair market value of the property.
Supporting data attached: ________________________________________________________________________________________________
Signature: _________________________ Date: ________________________(Chief Elected Official)
OBDD Use Only:___ Concurrence Signed: _______________________________ Noncurrence Title: ____________________________
Date: ____________________________
Exhibit 8E (2013) – Certificate of Appraiser
Grant Management Handbook (2013) Exhibit 8E
CERTIFICATE OF APPRAISER
I HEREBY CERTIFY:
That on ________________date(s), I personally made a field inspection of the property herein appraised and have afforded the owner or a designated representative the opportunity to accompany me on this inspection. I have also personally made a field inspection of the comparable sales relied upon in making said appraisal. The property being appraised and the comparable sales relied upon in making this appraisal were as represented in the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth.
That I understand that such appraisal may be used in connection with the acquisition of property for a project utilizing U.S. Department of Housing and Urban Development funds.
That such appraisal has been made in conformity with appropriate laws, regulations and policies and procedures applicable to appraisal of the property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are non compensable under established law of said State.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the project for which such property is acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the property.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein.
That I have no direct or indirect present or contemplated future personal interests in such property or in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the acquiring agency or officials of the U.S. Department of Housing and Urban Development and I will not do so until so authorized by said officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings.
That I have not given consideration to, or included in my appraisal any allowance for relocation assistance benefits.
Exhibit 8E (2013) – Certificate of Appraiser
Exhibit 8E (2013) Community Development Block Grant
That my opinion of the fair market value of the property to be acquired as of the _____ day of____________________________ 20___ is $_______________________ based upon my independent appraisal and the exercise of my professional judgment.
Name ___________________________________
Signature ___________________________________
License # ___________________________________
Date ___________________________________
(NOTE: Other statements, required by the regulations of an appraisal organization of which the appraiser is a member or by circumstances connected with the appraisal assignment or the preparation of the appraisal, may be inserted where appropriate.)
Exhibit 8F (2013) – Invitation to Accompany Appraiser
Grant Management Handbook (2013) Exhibit 8F
(Date)
NameAddressAddress
Dear _______________:
I have been requested by the (City/County) to prepare and appraisal of your property located at:___________________________. I will visit the property on: ____________, 201_. If you wish to accompany me, please telephone me at, _______________ to arrange a mutually convenient time.
Sincerely,
NameAppraiser
Exhibit 8G (2013) – Sample “Subject To” Letter
Grant Management Handbook (2013) Exhibit 8G
SAMPLE LETTER—“Subject To”
Acquisition of a Permanent Easement, Temporary Construction Easement or Real Property with no Relocation
Initial Notice to OwnerDear _______________:
Name of city or county is participating in a water / wastewater improvement project using federal funds from the Oregon Community Development Block Grant program. The (name of city or county) needs to acquire the following (easement / real property) from you for the project.
(Insert a description or reference an attachment that describes of the specific easement or real property to be acquired. A legal description should be used, if one is available.)
(Insert reason why the permanent easement or real property is needed for the project and how it will be used.)
The name of city or county is required to inform you of your rights under federal law. You are entitled to “just compensation” for the permanent easement or real property the city needs. The definition of “just compensation” and a description of your other rights are contained in the enclosed brochure “When a Public Agency Acquires Your Property.” Please read it carefully. The name of city or county may exercise its right of eminent domain to acquire the easement or property if negotiations should fail.
Insert the appropriate paragraph from the following two selections:
1. For easements or real property valued at more than $10,000:The name of city or county will send you a separate offer of just compensation after it has obtained an independent appraisal of the fair market value. You have the right to accompany the appraiser when he or she conducts the appraisal of your property. Please let us know within ____ days or not later than insert deadline if you desire to accompany the appraiser.
2. For easements or real property valued at $10,000 or less:We believe the value of the easement or real property the city needs from you does not exceed $10,000. Our determination is based on (insert description of the process used that meets the requirements in paragraph 5-2.c.(1)(b) on page 5-3 of Handbook 1378). Federal law does not require an independent appraisal for easements or real property valued at less than $10,000 unless the owner requests an appraisal.
You have the right to donate the easement or real property. To donate, you must sign a written statement that says you have been informed of your rights under federal law. It is very important to understand that the city/county cannot offer you any special benefits in connection with a donation. If you want to donate the easement or real property, please let us know within ____ days or no later than insert deadline. The city/county will include the donation language in an acquisition document specific for your property.
This notice is to inform you that, if assistance is provided and the easement/property is acquired you will not be displaced.Therefore we urge you not to move anywhere at this time. If you elect to move for reasons of your choice, you will not be provided with relocation assistance.
We will very much appreciate your cooperation in this matter because the project will benefit all residents of the community.These steps are essential for the city or county to receive the federal grant funds necessary to complete the project.
Please feel free to call insert name at insert telephone number if you have any questions or specific requests to make regarding the appraisal or a donation of your property.
Sincerely,
Enc: Subject To DonationWhen a Public Agency Acquires Your Property Brochure
Exhibit 8H (2013) – “Subject To” Donation
Grant Management Handbook (2013) Exhibit 8H
SAMPLE AGREEMENT
A Donation Under Basic Acquisition Where Eminent Domain May Be Used“Subject To” Transactions
(To be used and included with the permanent easement /property acquisition document recorded with the county)
I choose to donate the easement/property described in this document to the City/County of__________ for no consideration.
I have been fully informed of my rights under the federal Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. I understand that I cannot be required to convey the easement /property to the City/County of __________ for less than its appraised fair market value.
(Insert the following statements if they are applicable)
I release the City/County of __________ from making an offer of just compensation for my property.
I have waived my rights to an independent appraisal of the fair market value of my property, which is estimated to exceed $10,000.
I did not ask for an independent appraisal of my property after it was determined to have a value of $10,000 or less by the City/County __________.
Signature of Property Owner Date
Notary Date
Exhibit 8I (2013) – Sample “Not Subject To” Letter
Grant Management Handbook (2013) Exhibit 8I
SAMPLE LETTER— “Not Subject To”
Acquisition of a Permanent Easement, Temporary Construction Easement or Real Property with no Relocation
Initial Notice to OwnerDear _______________:
The name of city or county is participating in a water / wastewater improvement project using federal funds from the Oregon Community Development Block Grant program. The name of city or county needs to acquire the following easement / real property from you for the project.
(Insert a description or reference an attachment that describes of the specific easement or real property to be acquired. A legal description should be used, if one is available.)
(Insert reason why the easement or real property is needed for the project and how it will be used.)
We believe the value of the easement/property needed from you is ___________. Our determination is based upon (Insert description of the process used that meets the requirements in paragraph 5-1.a.(1)(c) on page 5-2 of the Handbook 1378.) Federal law does not require an independent appraisal of your property/permanent easement since we will not use the right of eminent domain to acquire your property if negotiations should fail.
You have the right to donate the easement or real property. To donate, you must sign a written statement that says you have been informed of your rights under federal law. It is very important to understand that the city cannot offer you any special benefits in connection with a donation. If you want to donate the easement or real property, please let us know within ____ days or no later than insert deadline . The city/county will include the donation language in an acquisition document specific for your property.
This notice is to inform you that, if assistance is provided and the easement/property is acquired you will not be displaced. Therefore we urge you not to move anywhere at this time. If you elect to move for reasons of your choice, you will not be provided with relocation assistance.
We will very much appreciate your cooperation in this matter because the project will benefit all residents of the community. These steps are essential for the city or county to receive the federal grant funds necessary to complete the project.
Please feel free to call insert name at insert telephone number if you have any questions or specific requests to make regarding the appraisal or a donation of your property
Sincerely,
Enc: Not Subject To Donation
Exhibit 8J (2013) – “Not Subject To” Donation
Grant Management Handbook (2013) Exhibit 8J
SAMPLE AGREEMENT
“Not Subject To” Donation Language
(To be used and included with the easement/property acquisition document recorded with the county)
I choose to donate the easement/property described in this document to the City/Countyof __________ for no consideration.
I have been fully informed of my rights under the federal Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. I understand that I cannot be required to convey the easement/property to the City/County of __________ for less than its appraised fair market value.
Signature of Property Owner Date
Notary Date
Exhibit 8K (2013) – When a Public Agency Acquires Your Property
Previous Edition Obsolete 1 HUD-1041-CPD(3/2005)
Grant Management Handbook (2013) Exhibit 8K
Introduction
This booklet describes important features of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and provides general information about public acquisition of real property (real estate) that should be useful to you.
Most acquisitions of real property by a public agency for a Federal project or a project in which Federal funds are used are covered by the URA. If you are notified that your property will be acquired for such a project, it is important that you learn your rights under this important law.
This booklet may not answer all of your questions. If you have more questions about the acquisition of your property, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you sell your property. Afterwards, it may be too late.
General Questions
What Right Has Any Public Agency To Acquire My Property?
The Federal Government and every State government have certain powers, which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order. Another government power is the power to acquire private property for public purposes. This is known as the power of eminent domain.
The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. The URA provides additional protections, as explained in this booklet.
Who Made The Decision To Buy My Property?
The decision to acquire a property for a public project usually involves many persons and many determinations. The final determination to proceed with the project is made, only after a thorough review, which may include public hearings to obtain the views of interested citizens.
If you have any questions about the project or the selection of your property for acquisition, you should ask a representative of the Agency which is responsible for the project.
How Will The Agency Determine How Much To Offer Me For My Property?
Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. After the appraiser has completed his work, a review appraiser will examine the appraisal report to assure that the estimate is fair and the work conforms to professional appraisal standards.
Exhibit 8K (2013) – When a Public Agency Acquires Your Property
Exhibit 8K (2013) Community Development Block Grant
The Agency must offer you "just compensation" for your property. This amount cannot be less than the appraised fair market value of the property. "Just compensation" for your property does not take into account your relocation needs. If you are eligible for relocation assistance, it will be additional.
What Is Fair Market Value?
Fair market value is sometimes defined as that amount of money, which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas a different term or definition may be used.
The fair market value of a property is generally considered to be "just compensation." Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or for the Agency.
How Does An Appraiser Determine The Fair Market Value Of My Property?
Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are:
� How it compares with similar properties in the area that have been sold recently.� How much rental income it could produce.� How much it would cost to reproduce the buildings and other structures, less any
depreciation.
Will I Have A Chance To Talk To The Appraiser?
Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property. You may then inform the appraiser of any special features, which you believe, may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you.
How Soon Will I Receive A Written Purchase Offer?
Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible to make a written purchase offer within 45 to 60 days of the date an appraiser is selected to appraise the property.
Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a "summary statement," explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement.
What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation?
The summary statement of the basis for the offer of just compensation will include:
Exhibit 8K (2013) – When a Public Agency Acquires Your Property
Previous Edition Obsolete 3 HUD-1041-CPD(3/2005)
Grant Management Handbook (2013) Exhibit 8K
� An accurate description of the property and the interest in the property to be acquired.
� A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.)
� A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant-owned improvement), it will be so identified.)
Must I Accept The Agency's Offer?
No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the offer price will be increased.
May Someone Represent Me During Negotiations?
Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency. However, the URA does not require the Agency to pay the costs of such representation.
If I Reach Agreement With The Agency, How Soon Will I Be Paid?
If you reach a satisfactory agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.)
What Happens If I Don't Agree To The Agency's Purchase Offer?
If you are unable to reach an agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay.
An Agency may also decide not to buy your property, if it cannot reach agreement on a price, and find another property to buy instead.
What Happens After The Agency Condemns My Property?
You will be notified of the action. Condemnation procedures vary, and the Agency will explain the procedures which apply in your case.
Exhibit 8K (2013) – When a Public Agency Acquires Your Property
Exhibit 8K (2013) Community Development Block Grant
Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.
During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law.
To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner.
What Can I Do If I Am Not Satisfied With The Court's Determination?
If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. If you are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high.
Will I Have To Pay Any Closing Costs?
You will be responsible for the payment of the balance on any mortgage and other liens on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Agency is responsible for all reasonable and necessary costs for:
� Typical legal and other services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency.
� Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith.
� Real property taxes covering the period beginning on the date the Agency acquires your property.
Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid--usually at the time of closing. If you later discover other costs for which you should be repaid, you should request
repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency.
May I Keep Any Of The Buildings Or Other Improvements On My Property?
Very often, many or all of the improvements on the property are not required by the Agency.
Exhibit 8K (2013) – When a Public Agency Acquires Your Property
Previous Edition Obsolete 5 HUD-1041-CPD(3/2005)
Grant Management Handbook (2013) Exhibit 8K
This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible.
If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location.
Can The Agency Take Only A Part Of My Property?
Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you.
Occasionally, a public project will increase the value of the part which is not acquired by the Agency. Under some eminent domain laws, the amount of such increase in value is deducted from the purchase payment the owner would otherwise receive.
Will I Have To Pay Rent To The Agency After My Property Is Acquired?
If you remain on the property after the acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of comparable properties in the area.
How Soon Must I Move?
If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice.
If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share.
If you are being displaced from your home, you will not be required to move before a comparable replacement home is available to you.
Will I Receive Relocation Assistance?
Title II of the URA requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of a project that is covered by the URA.
The Agency will furnish you a full explanation of any relocation assistance to which you maybe entitled. If you have any questions about such assistance, please contact the Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency
Exhibit 8K (2013) – When a Public Agency Acquires Your Property
Exhibit 8K (2013) Community Development Block Grant
informed of your plans.
My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase?
Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office.
I'm A Veteran. How About My VA Loan?
After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office.
Is It Possible To Donate Property?
Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations.
Additional Information
If you have any questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative.
Agency:
Address:
Office Hours:
Telephone Number:
Person to Contact:
Exhibit 8L (2013) – Just Compensation Letter
Grant Management Handbook (2013) Exhibit 8L
JUST COMPENSATION – WRITTEN OFFER TO PURCHASE
Date
NameAddressAddress
RE: JUST COMPENSATION – WRITTEN OFFER TO PURCHASEProperty Located at:_______________________________________Community Development Block Grant, Project No:________________
Dear______________:
The (City/County) has approved the completion of, (describe project). To accomplish this project, it will be necessary to acquire your property located at (provide address or other legal description).
As you were informed at an earlier date, the property was appraised on (provide date). The appraisers report has been analyzed and reviewed by a second appraiser. Based upon the appraisal and review appraisal, the (City/County) makes you a firm offer of $__________ for the purchase of the above referenced property.
We feel the above offer is equitable and we will be contacting you regarding your consideration of this offer.
*[This amount is compensation for your property and DOES NOT INCLUDE moving and relocation benefits. Therefore, a representative of the (City/County) will be contacting (you/tenant) shortly to determine eligibility and inform (you/them) of possible moving and relocation entitlements.]
Thank you for your consideration and cooperation in this matter and we hope you willrespond favorably to our Fair Market Value offer. If you have any question, please feel free to call.
Sincerely,
Name(Mayor/County Commissioner)
*[] Omit if property unoccupied by tenant or owner and no displacement will occur.
Exhibit 8M (2013) – Sample Notice to Tenants
Grant Management Handbook (2013) Exhibit 8M
SAMPLE NOTICE TO TENANTS
This is an example notice that must be provided to all residential tenants of rehabilitated buildings as part of a CDBG project.
The notice must be delivered to the tenants as soon as feasible after the date the city/county applies for CDBG funds to rehabilitate the building.
If the recipient does not provide this notice, and other required notices described in HUD Handbook 1378, as amended, tenants will be considered “displaced” under federal rules and may be entitled to relocation benefits.
This notice is only for residential tenants who will not have to move permanently as a result of the project. Other types of tenants require a different letter. Use Handbook 1378 and the department’s Regional Coordinator to assist you in selecting the proper notices in these situations._______________________________________________________________________
Date
NameAddressAddress
Dear_____________________:
On (date) the (city/county) submitted an application on behalf of the (name building owner) for financial assistance to (acquire/rehabilitate/convert) the building which you occupy at (address).
This notice is to inform you that, if the assistance is provided and the building is (acquired/rehabilitated/converted) you will not be displaced. Therefore, we urge you not to move anywhere at this time. If you do elect to move for reasons of your choice, you will not be provided with relocation assistance.
If the application is approved, the (city/county) will provide federal funds for the project from the Community Development Block Grant program. You will be able to (lease/rent) your present unit (or another suitable, decent, safe and sanitary unit in the same building) upon completion of the project. Of course, you must comply with the standard terms and conditions of the lease or rental agreement.
After the project is completed, your initial rent, including the estimated monthly utility costs, will not exceed the greater of (a) your current rent/average utility costs, or (b) 30 percent of your average monthly gross household income. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to
Exhibit 8M (2013) – Sample Notice to Tenants
Exhibit 8M (2013) Community Development Block Grant
you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and increase in housing costs.
Again, we urge you not to move. If the project is approved, you can be sure that the (City/County) will make every effort to accommodate your needs. Because federal assistance would be involved, you would be protected by the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
Legislative changes prevent persons who are aliens not lawfully present in the United States from receiving relocation benefits, including temporary relocation benefits. Such aliens are not eligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. The exceptions are explained in the regulations. A copy is enclosed. All persons seeking relocation assistance must certify, as a condition of assistance, that they are all citizens or nationals of the United States, or an alien lawfully present in the country. For families the certification may be made by the head of the household for all family members.
This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name. title and phone number).
Sincerely,
Name(Mayor/County Commissioner)
NOTE: The city/county grant recipient must maintain a file record showing the manner in which this notice was delivered, and the date of delivery.
Exhibit 8N (2013) - GIN Non-Displaced Residential Tenant
Grant Management Handbook (2013) Exhibit 8N
General Information Notice---Non-DisplacementResidential Tenant
LETTERHEAD
(Date)
Dear ______________:
On (date)_____, ___(property owner)___ submitted an application to the __(Grantee)for financial assistance to acquire /rehabilitate the building, which you occupy at ___(property address) .
This notice is to inform you that if the assistance is provided and the building is rehabilitated, you will not be displaced. Therefore, we urge you not to move anywhere at this time. (If you do elect to move for reasons of your choice, you will not be provided relocation assistance.)
If the application is approved and Federal assistance is provided for the rehabilitation, you will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in the same building) upon completion of the rehabilitation. Of course you must comply with standard lease terms and conditions.
Again, we urge you not move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance would be involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, provided you are a citizen, a natural, or an alien lawfully in this county.
Legislative changes prevent persons who are aliens not lawfully present in the United States from receiving relocation benefits, including temporary relocation benefits. Such aliens are not eligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. The exceptions are explained in the regulations. A copy is enclosed. All persons seeking relocation assistance must certify, as a condition of assistance, that they are all citizens or nationals of the United States, or an alien lawfully present in the country. For families the certification may be made by the head of the household for all familymembers.
This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name)____,___(title) at __ (phone) , (address) .
Sincerely,
(Name and Title)
Enclosures (If the relocation brochure is enclosed, and the regulations)
Exhibit 8O (2013) GIN Displaced Residential Tenant
Grant Management Handbook (2013) Exhibit 8O
General Information Notice---DisplacementResidential Tenant
LETTERHEAD
(Date)
Dear ______________:
On (date)_____, ___(property owner)___ submitted an application to the __(Grantee)for financial assistance to acquire the building, which you occupy at ___(property______ address). This notice is to inform you of your rights under Federal law. If the __(grantee)___ is funded and acquires the property and you are displaced for the project, you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. However, do not move now. This is not a notice to vacate the premises. You should continue to pay your monthly rent to your landlord, because a failure to pay rent and meet your other obligations as a tenant may be cause for eviction and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a new unit before receiving formal written notice of your eligibility for relocation assistance. If you move or are evicted before receiving such notice, you may not receive any assistance. Please contact us before you make any moving plans.
If the ___(grantee)___ acquires the property and your are eligible for relocationassistance, you will be given advisory services, including referrals to replacement housing, and at least 90 days advance written notice of the date you will be required to move. You would also receive a payment for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement house. This assistance is more fully explained in the enclosed brochure, “Relocation Assistance to Tenants Displaced from Their Homes.”
Legislative changes prevent persons who are aliens not lawfully present in the United States from receiving relocation benefits. Such aliens are not eligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. The exceptions are explained in the regulations. A copy is enclosed. All persons seeking relocation assistance must certify, as a condition of assistance, that they are all citizens or nationals of the United States, or an alien lawfully present in the country. For families the certification may be made by the head of the household for all family members.
The ___(grantee)___ is required to have an appeal process. You have the right to appeal the determination as to your eligibility for assistance, should the project proceed. You may contact the individual identified on the enclosed brochure for additional information.
If for any reason any other persons move into this unit with you after this notice, your assistance may be reduced. If you have any questions, please contact ____(name)_____ , ____(title)___, at ___ (phone)___, _____(address)_____ .
Exhibit 8O (2013) GIN Displaced Residential Tenant
Exhibit 8O (2013) Community Development Block Grant
Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the ____(grantee)____ decides not to purchase the property, you will be notified in writing.
Sincerely,
(Name and Title)
Enclosures
Exhibit 8O (2013) GIN Displaced Residential Tenant
Grant Management Handbook (2013) Exhibit 8O
______________________________________________________________________________________________Certification of Eligibility for Relocation Payments and Services
Certification of legal residency in the United States (Please read instructions below before completing section.)
Instructions: To qualify for relocation advisory services or relocation payments authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, a “displaced person” must be a United States citizen or national, or an alien lawfully present in the United States. The certification below must be completed in order to receive any benefits. (This certification may not have any standing with regard to applicable State laws providing relocation benefits.) Your signature/signatures on this claim form constitutes/constitute certification.The individual(s) listed below occupy/occupies the dwelling at ___________________________________________.
_______________________________ _______________________________ _______________________________ ______________________________________________________________ _______________________________ _______________________________ ______________________________________________________________ _______________________________ _______________________________ _______________________________
I _____________________________, as head of household, hereby certify that all individuals are either United States citizens or nationals, or are aliens lawfully present in the United States.
For unrelated individuals, each individual by affixing their signature below certifies that they are either a United States citizen or national, or an alien lawfully in the United States.
____________________________ ______________________________ _____________________________(Signature and Date) (Signature and Date) (Signature and Date)
____________________________ ______________________________ _____________________________(Signature and Date) (Signature and Date) (Signature and Date)
Pro
tec
t
Yo
ur
Fa
mil
y
Fro
m
Le
ad
in
Yo
ur
Ho
me U
nite
d St
ates
En
viro
nmen
tal
Prot
ectio
n Ag
ency
Uni
ted
Stat
es
Cons
umer
Pro
duct
Sa
fety
Com
mis
sion
Uni
ted
Stat
es
Dep
artm
ent o
f Hou
sing
an
d U
rban
Dev
elop
men
t
Dec
embe
r 201
2
IMP
OR
TA
NT
!L
ea
d F
rom
Pa
int,
Du
st,
an
d S
oil
in
an
d
Aro
un
d Y
ou
r H
om
e C
an
Be
Da
ng
ero
us
if
No
t M
an
ag
ed
Pro
pe
rly
Child
ren
unde
r 6 y
ears
old
are
mos
t at r
isk
for l
ead
pois
onin
g in
you
r hom
e.
Lead
exp
osur
e ca
n ha
rm y
oung
chi
ldre
n, b
abie
s, an
d fe
tuse
s ev
en b
efor
e th
ey a
re b
orn.
Hom
es, s
choo
ls, a
nd c
hild
car
e fa
cilit
ies
built
bef
ore
1978
ar
e lik
ely
to c
onta
in le
ad-b
ased
pai
nt.
Even
chi
ldre
n w
ho s
eem
hea
lthy
may
hav
e da
nger
ous
leve
ls o
f lea
d in
thei
r bod
ies.
Dis
turb
ing
surf
aces
with
lead
-bas
ed p
aint
or r
emov
ing
lead
-bas
ed p
aint
impr
oper
ly c
an in
crea
se th
e da
nger
to
your
fam
ily.
Peop
le c
an g
et le
ad in
to th
eir b
odie
s by
bre
athi
ng o
r sw
allo
win
g le
ad d
ust,
or b
y ea
ting
soil
or p
aint
chi
ps
cont
aini
ng le
ad.
Peop
le h
ave
man
y op
tions
for r
educ
ing
lead
haz
ards
. G
ener
ally
, lea
d-ba
sed
pain
t tha
t is
in g
ood
cond
ition
is n
ot
a ha
zard
(see
pag
e 10
).
Are
Yo
u P
lan
nin
g t
o B
uy
or
Re
nt
a H
om
e B
uil
t
Be
fore
19
78
?
Did
you
kno
w th
at m
any
hom
es b
uilt
befo
re 1
978
have
lea
d-b
ase
d
pa
int?
Lea
d fr
om p
aint
, chi
ps, a
nd d
ust c
an p
ose
serio
us h
ealth
ha
zard
s.
Re
ad
th
is e
nti
re b
roc
hu
re t
o l
ea
rn:
How
lead
get
s in
to th
e bo
dyA
bout
hea
lth e
ffect
s of
lead
Wha
t you
can
do
to p
rote
ct y
our f
amily
Whe
re to
go
for m
ore
info
rmat
ion
Be
fore
re
nti
ng
or
bu
yin
g a
pre
-19
78
ho
me
or
ap
art
me
nt,
fe
de
ral
law
re
qu
ire
s:
Selle
rs m
ust d
iscl
ose
know
n in
form
atio
n on
lead
-bas
ed p
aint
or l
ead-
base
d pa
int h
azar
ds b
efor
e se
lling
a h
ouse
.Re
al e
stat
e sa
les
cont
ract
s m
ust i
nclu
de a
spe
cific
war
ning
sta
tem
ent
abou
t lea
d-ba
sed
pain
t. Bu
yers
hav
e up
to 10
days
to c
heck
for l
ead.
Land
lord
s m
ust d
iscl
ose
know
n in
form
atio
n on
lead
-bas
ed p
aint
an
d le
ad-b
ased
pai
nt h
azar
ds b
efor
e le
ases
take
effe
ct. L
ease
s m
ust
incl
ude
a sp
ecifi
c w
arni
ng s
tate
men
t abo
ut le
ad-b
ased
pai
nt.
If u
nd
ert
ak
ing
re
no
va
tio
ns,
re
pa
irs,
or
pa
inti
ng
(R
RP
) p
roje
cts
in
y
ou
r p
re-1
97
8 h
om
e o
r a
pa
rtm
en
t:
Read
EPA
’s pa
mph
let,
The
Lead
-Saf
e Ce
rtifi
ed G
uide
to R
enov
ate
Righ
t, to
lear
n ab
out t
he le
ad-s
afe
wor
k pr
actic
es th
at c
ontr
acto
rs a
re
requ
ired
to fo
llow
whe
n w
orki
ng in
you
r hom
e (s
ee p
age
12).
Sim
ple
Ste
ps
to P
rote
ct
Yo
ur
Fa
mil
y
fro
m L
ea
d H
az
ard
s
If y
ou
th
ink
yo
ur
ho
me
ha
s le
ad
-ba
sed
pa
int:
Don
’t tr
y to
rem
ove
lead
-bas
ed p
aint
you
rsel
f.
Alw
ays
keep
pai
nted
sur
face
s in
goo
d co
nditi
on to
min
imiz
e de
terio
ratio
n.
Get
you
r hom
e ch
ecke
d fo
r lea
d ha
zard
s. Fi
nd a
cer
tified
in
spec
tor o
r ris
k as
sess
or a
t epa
.gov
/lead
.
Talk
to y
our l
andl
ord
abou
t fixi
ng s
urfa
ces
with
pee
ling
or
chip
ping
pai
nt.
Regu
larly
cle
an fl
oors
, win
dow
sill
s, an
d ot
her s
urfa
ces.
Take
pre
caut
ions
to a
void
exp
osur
e to
lead
dus
t whe
n re
mod
elin
g.
Whe
n re
nova
ting,
repa
iring
, or p
aint
ing,
hire
onl
y EP
A- o
r sta
te-
appr
oved
Lea
d-Sa
fe c
ertifi
ed re
nova
tion
firm
s.
Befo
re b
uyin
g, re
ntin
g, o
r ren
ovat
ing
your
hom
e ha
ve it
ch
ecke
d fo
r lea
d-ba
sed
pain
t.
Cons
ult y
our h
ealth
car
e pr
ovid
er a
bout
test
ing
your
chi
ldre
n fo
r lea
d. Y
our p
edia
tric
ian
can
chec
k fo
r lea
d w
ith a
sim
ple
bloo
d te
st.
Was
h ch
ildre
n’s
hand
s, bo
ttle
s, pa
cifie
rs, a
nd to
ys o
ften
.
Mak
e su
re c
hild
ren
eat h
ealth
y, lo
w-fa
t foo
ds h
igh
in ir
on,
calc
ium
, and
vita
min
C.
Rem
ove
shoe
s or
wip
e so
il off
sho
es b
efor
e en
terin
g yo
ur
hous
e.
1
Co
nsu
me
r P
rod
uc
t S
afe
ty C
om
mis
sio
n (
CP
SC
)
The
CPSC
pro
tect
s th
e pu
blic
aga
inst
unr
easo
nabl
e ris
k of
inju
ry
from
con
sum
er p
rodu
cts
thro
ugh
educ
atio
n, s
afet
y st
anda
rds
activ
ities
, and
enf
orce
men
t. Co
ntac
t CPS
C fo
r fur
ther
info
rmat
ion
rega
rdin
g co
nsum
er p
rodu
ct s
afet
y an
d re
gula
tions
.
CP
SC
43
30 E
ast W
est H
ighw
ay
Beth
esda
, MD
208
14-4
421
1-80
0-63
8-27
72
cpsc
.gov
or s
afer
prod
ucts
.gov
U.
S.
De
pa
rtm
en
t o
f H
ou
sin
g a
nd
Urb
an
D
ev
elo
pm
en
t (H
UD
)
This
doc
umen
t is
in th
e pu
blic
dom
ain.
It m
ay b
e pr
oduc
ed b
y an
indi
vidu
al o
r org
aniz
atio
n w
ithou
t pe
rmis
sion
. Inf
orm
atio
n pr
ovid
ed in
this
boo
klet
is b
ased
upo
n cu
rren
t sci
entifi
c an
d te
chni
cal
unde
rsta
ndin
g of
the
issu
es p
rese
nted
and
is re
flect
ive
of th
e ju
risdi
ctio
nal b
ound
arie
s es
tabl
ishe
d by
th
e st
atue
s go
vern
ing
the
co-a
utho
ring
agen
cies
. Fol
low
ing
the
advi
ce g
iven
will
not
nec
essa
rily
pr
ovid
e co
mpl
ete
prot
ectio
n in
all
situ
atio
ns o
r aga
inst
all
heal
th h
azar
ds th
at c
an b
e ca
used
by
lead
e
xpos
ure.
EPA
-747
-K-12-00
1 U
. S. E
PA W
ashi
ngto
n D
C 20
460
U
. S. C
PSC
Beth
esda
MD
208
14
U. S
. HU
D W
ashi
ngto
n D
C 20
410
HU
D’s
mis
sion
is to
cre
ate
stro
ng, s
usta
inab
le, i
nclu
sive
co
mm
uniti
es a
nd q
ualit
y aff
orda
ble
hom
es fo
r all.
Con
tact
HU
D’s
Offi
ce o
f Hea
lthy
Hom
es a
nd L
ead
Haz
ard
Cont
rol f
or fu
rthe
r in
form
atio
n re
gard
ing
the
Lead
Saf
e H
ousi
ng R
ule
whi
ch p
rote
cts
fam
ilies
in p
re-1
978
assi
sted
hou
sing
and
the
lead
haz
ard
cont
rol
and
rese
arch
gra
nt p
rogr
ams.
HU
D
451
Seve
nth
Stre
et, S
W, R
oom
823
6 W
ashi
ngto
n, D
C 20
410-30
00
(202
) 402
-769
8 hu
d.go
v/offi
ces/
lead
/
Dec
embe
r 201
2
16
Le
ad
Ge
ts i
nto
th
e B
od
y i
n M
an
y W
ay
s
Ad
ult
s a
nd
ch
ild
ren
ca
n g
et
lea
d i
nto
th
eir
bo
die
s if
th
ey
:
Brea
the
in le
ad d
ust (
espe
cial
ly d
urin
g ac
tiviti
es s
uch
as re
nova
tions
, re
pairs
, or p
aint
ing
that
dis
turb
pai
nted
sur
face
s).
Swal
low
lead
dus
t tha
t has
set
tled
on fo
od, f
ood
prep
arat
ion
surf
aces
, an
d ot
her p
lace
s.
Eat p
aint
chi
ps o
r soi
l tha
t con
tain
s le
ad.
Le
ad
is
esp
ec
iall
y d
an
ge
rou
s to
ch
ild
ren
un
de
r th
e a
ge
of
6.
At t
his
age,
chi
ldre
n’s
brai
ns
and
nerv
ous
syst
ems
are
mor
e se
nsiti
ve to
the
dam
agin
g eff
ects
of l
ead.
Child
ren’
s gr
owin
g bo
dies
ab
sorb
mor
e le
ad.
Babi
es a
nd y
oung
chi
ldre
n of
ten
put t
heir
hand
s an
d ot
her o
bjec
ts in
thei
r m
outh
s. Th
ese
obje
cts
can
have
lead
dus
t on
them
.
Wo
me
n o
f c
hil
db
ea
rin
g a
ge
sh
ou
ld k
no
w t
ha
t le
ad
is
da
ng
ero
us
to
a d
ev
elo
pin
g f
etu
s.
Wom
en w
ith a
hig
h le
ad le
vel i
n th
eir s
yste
m b
efor
e or
dur
ing
preg
nanc
y ris
k ex
posi
ng th
e fe
tus
to le
ad th
roug
h th
e pl
acen
ta
durin
g fe
tal d
evel
opm
ent.
2
U.
S.
En
vir
on
me
nta
l P
rote
cti
on
Ag
en
cy
(E
PA
)
Re
gio
na
l O
ffice
s
The
mis
sion
of E
PA is
to p
rote
ct h
uman
hea
lth a
nd th
e en
viro
nmen
t. Yo
ur R
egio
nal E
PA O
ffice
can
pro
vide
furt
her i
nfor
mat
ion
rega
rdin
g re
gula
tions
and
lead
pro
tect
ion
prog
ram
s.
Re
gio
n 1
(Con
nect
icut
, Mas
sach
uset
ts, M
aine
, N
ew H
amps
hire
, Rho
de Is
land
, Ver
mon
t)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 1
Su
ite 1
100
(CPT
) One
Con
gres
s St
reet
Bo
ston
, MA
021
14-202
3 (6
17) 9
18-1
524
Re
gio
n 2
(New
Jers
ey, N
ew Y
ork,
Pue
rto
Rico
, Vi
rgin
Isla
nds)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 2
2890
Woo
dbrid
ge A
venu
e Bu
ildin
g 20
5, M
ail S
top 22
5 Ed
ison
, NJ 0
8837
-367
9 (732
) 321
-667
1
Re
gio
n 3
(Del
awar
e, M
aryl
and,
Pen
nsyl
vani
a,
Virg
inia
, DC,
Wes
t Virg
inia
)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 3
1650
Arc
h St
reet
Ph
ilade
lphi
a, P
A 1
9103
(2
15) 8
14-208
8
Re
gio
n 4
(Ala
bam
a, F
lorid
a, G
eorg
ia,
Kent
ucky
, Mis
siss
ippi
, Nor
th C
arol
ina,
Sou
th
Caro
lina,
Tenn
esse
e)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 4
AFC
Tow
er, 12t
h Fl
oor,
Air,
Pes
ticid
es &
Toxi
cs
61 F
orsy
th S
tree
t, SW
A
tlant
a, G
A 303
03
(404
) 562
-899
8
Re
gio
n 5
(Illi
nois
, Ind
iana
, Mic
higa
n,
Min
neso
ta, O
hio,
Wis
cons
in)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 5
(DT-
8J)
77 W
est J
acks
on B
oule
vard
Chic
ago,
IL 606
04-3
666
(312
) 886
-783
6
Re
gio
n 6
(Ark
ansa
s, Lo
uisi
ana,
New
Mex
ico,
O
klah
oma,
Texa
s, an
d 66
Trib
es)
Regi
onal
Lea
d Co
ntac
t 14
45 R
oss
Aven
ue, 12t
h Fl
oor
Dal
las,
TX 7
5202
-273
3 (2
14) 6
65-2
704
Re
gio
n 7
(Iow
a, K
ansa
s, M
isso
uri,
Neb
rask
a)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 7
1120
1 Re
nner
Blv
d.
WW
PD/T
OPE
Le
nexa
, KS
6621
9 (800
) 223
-042
5
Re
gio
n 8
(Col
orad
o, M
onta
na, N
orth
D
akot
a, S
outh
Dak
ota,
Uta
h, W
yom
ing)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 8
1595
Wyn
koop
St.
Den
ver,
CO 802
02
(303
) 312
-696
6
Re
gio
n 9
(Ariz
ona,
Cal
iforn
ia, H
awai
i, N
evad
a)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 9
(CM
D-4
-2)
75 H
awth
orne
Str
eet
San
Fran
cisc
o, C
A 9
4105
(4
15) 9
47-428
0
Re
gio
n 1
0 (A
lask
a, Id
aho,
Ore
gon,
W
ashi
ngto
n)
Regi
onal
Lea
d Co
ntac
t U
.S. E
PA R
egio
n 10
So
lid W
aste
& To
xics
Uni
t (W
CM-128
) 12
00 S
ixth
Ave
nue,
Sui
te 900
Se
attle
, WA
981
01
(206
) 553
-120
0
15
Fo
r M
ore
In
form
ati
on
Th
e N
ati
on
al
Le
ad
In
form
ati
on
Ce
nte
r
Lear
n ho
w to
pro
tect
chi
ldre
n fr
om le
ad p
oiso
ning
and
get
oth
er
info
rmat
ion
abou
t lea
d ha
zard
s on
the
Web
at e
pa.g
ov/le
ad a
nd
hud.
gov/
lead
, or c
all 1
-80
0-4
24
-LE
AD
(5
32
3).
EP
A’s
Sa
fe D
rin
kin
g W
ate
r H
otl
ine
Fo
r inf
orm
atio
n ab
out l
ead
in d
rinki
ng w
ater
, cal
l 1-8
00
-42
6-4
79
1, o
r vi
sit e
pa.g
ov/le
ad fo
r inf
orm
atio
n ab
out l
ead
in d
rinki
ng w
ater
.
Co
nsu
me
r P
rod
uc
t S
afe
ty C
om
mis
sio
n (
CP
SC
) H
otl
ine
Fo
r inf
orm
atio
n on
lead
in to
ys a
nd o
ther
con
sum
er p
rodu
cts,
or to
re
port
an
unsa
fe c
onsu
mer
pro
duct
or a
pro
duct
-rel
ated
inju
ry, c
all
1-8
00
-63
8-2
77
2, o
r vis
it CP
SC’s
web
site
at c
psc.
gov
or
safe
rpro
duct
s.gov
.
Sta
te a
nd
Lo
ca
l H
ea
lth
an
d E
nv
iro
nm
en
tal
Ag
en
cie
s So
me
stat
es, t
ribes
, and
citi
es h
ave
thei
r ow
n ru
les
rela
ted
to le
ad-
base
d pa
int.
Chec
k w
ith y
our l
ocal
age
ncy
to s
ee w
hich
law
s ap
ply
to y
ou. M
ost a
genc
ies
can
also
pro
vide
info
rmat
ion
on fi
ndin
g a
lead
ab
atem
ent fi
rm in
you
r are
a, a
nd o
n po
ssib
le s
ourc
es o
f fina
ncia
l aid
fo
r red
ucin
g le
ad h
azar
ds. R
ecei
ve u
p-to
-dat
e ad
dres
s an
d ph
one
info
rmat
ion
for y
our s
tate
or l
ocal
con
tact
s on
the
Web
at e
pa.g
ov/le
ad,
or c
onta
ct th
e N
atio
nal L
ead
Info
rmat
ion
Cent
er a
t 1-8
00
-42
4-L
EA
D.
14
Hea
ring-
or s
peec
h-ch
alle
nged
indi
vidu
als
may
acc
ess
any
of th
e ph
one
num
bers
in th
is b
roch
ure
thro
ugh
TTY
by c
allin
g th
e to
ll-fr
ee F
eder
al R
elay
Ser
vice
at 1
-80
0-8
77
-83
39
.
He
alt
h E
ffe
cts
of
Le
ad
Le
ad
aff
ec
ts t
he
bo
dy
in
ma
ny
wa
ys.
It i
s im
port
ant t
o kn
ow th
at
even
exp
osur
e to
low
leve
ls o
f lea
d ca
n se
vere
ly h
arm
chi
ldre
n.
In c
hil
dre
n,
ex
po
sure
to
le
ad
ca
n c
au
se:
Ner
vous
sys
tem
and
kid
ney
dam
age
Lear
ning
dis
abili
ties,
atte
ntio
n de
ficit
di
sord
er, a
nd d
ecre
ased
inte
llige
nce
Spee
ch, l
angu
age,
and
beh
avio
r pr
oble
ms
Poor
mus
cle
coor
dina
tion
Dec
reas
ed m
uscl
e an
d bo
ne g
row
th
Hea
ring
dam
age
Whi
le lo
w-le
ad e
xpos
ure
is m
ost c
omm
on,
expo
sure
to h
igh
amou
nts
of le
ad c
an h
ave
de
vast
atin
g eff
ects
on
child
ren,
incl
udin
g
seiz
ures
, unc
onsc
ious
ness
, and
, in
som
e ca
ses,
deat
h.
Alth
ough
chi
ldre
n ar
e es
peci
ally
sus
cept
ible
to le
ad e
xpos
ure,
lead
can
be
dan
gero
us fo
r adu
lts, t
oo.
In a
du
lts,
ex
po
sure
to
le
ad
ca
n c
au
se:
Har
m to
a d
evel
opin
g fe
tus
Incr
ease
d ch
ance
of h
igh
bloo
d pr
essu
re d
urin
g pr
egna
ncy
Fert
ility
pro
blem
s (in
men
and
wom
en)
Hig
h bl
ood
pres
sure
Dig
estiv
e pr
oble
ms
Ner
ve d
isor
ders
Mem
ory
and
conc
entr
atio
n pr
oble
ms
Mus
cle
and
join
t pai
n3
Ch
ec
k Y
ou
r F
am
ily
fo
r L
ea
d
Ge
t y
ou
r c
hil
dre
n a
nd
ho
me
te
ste
d i
f y
ou
th
ink
yo
ur
ho
me
ha
s le
ad
.
Child
ren’
s bl
ood
lead
leve
ls te
nd to
incr
ease
rapi
dly
from
6 to
12
mon
ths
of a
ge, a
nd te
nd to
pea
k at
18
to 2
4 m
onth
s of
age
.
Cons
ult y
our d
octo
r for
adv
ice
on te
stin
g yo
ur c
hild
ren.
A s
impl
e bl
ood
test
can
det
ect l
ead.
Blo
od le
ad te
sts
are
usua
lly re
com
men
ded
for:
Child
ren
at a
ges
1 an
d 2
Child
ren
or o
ther
fam
ily m
embe
rs w
ho h
ave
been
exp
osed
to h
igh
leve
ls o
f lea
d
Child
ren
who
sho
uld
be te
sted
und
er y
our s
tate
or l
ocal
hea
lth
scre
enin
g pl
an
Yo
ur
do
cto
r c
an
ex
pla
in w
ha
t th
e t
est
re
sult
s m
ea
n a
nd
if
mo
re
test
ing
wil
l b
e n
ee
de
d.
4
Oth
er
So
urc
es
of
Le
ad
Wh
ile
pa
int,
du
st,
an
d s
oil
are
th
e m
ost
co
mm
on
so
urc
es
of
lea
d,
oth
er
lea
d s
ou
rce
s a
lso
ex
ist:
Dri
nk
ing
wa
ter.
You
r hom
e m
ight
hav
e pl
umbi
ng w
ith le
ad o
r lea
d so
lder
. You
can
not s
ee, s
mel
l, or
tast
e le
ad, a
nd b
oilin
g yo
ur w
ater
will
no
t get
rid
of le
ad. I
f you
thin
k yo
ur p
lum
bing
mig
ht c
onta
in le
ad:
Use
onl
y co
ld w
ater
for d
rinki
ng a
nd c
ooki
ng.
Run
wat
er fo
r 15
to 30
seco
nds
befo
re d
rinki
ng it
, esp
ecia
lly if
yo
u ha
ve n
ot u
sed
your
wat
er fo
r a fe
w h
ours
.
Call
your
loca
l hea
lth d
epar
tmen
t or w
ater
sup
plie
r to
find
out
abou
t tes
ting
your
wat
er, o
r vis
it ep
a.go
v/le
ad fo
r EPA
’s le
ad in
dr
inki
ng w
ater
info
rmat
ion.
Le
ad
sm
elt
ers
or o
ther
indu
strie
s th
at re
leas
e le
ad in
to th
e ai
r.
Yo
ur
job
. If y
ou w
ork
with
lead
, you
cou
ld b
ring
it ho
me
on y
our b
ody
or c
loth
es. S
how
er a
nd c
hang
e cl
othe
s be
fore
com
ing
hom
e. L
aund
er
your
wor
k cl
othe
s se
para
tely
from
the
rest
of y
our f
amily
’s cl
othe
s.
Ho
bb
ies
that
use
lead
, suc
h as
mak
ing
pott
ery
or s
tain
ed g
lass
, or
refin
ishi
ng fu
rnitu
re. C
all y
our l
ocal
hea
lth d
epar
tmen
t for
in
form
atio
n ab
out h
obbi
es th
at m
ay u
se le
ad.
Old
toy
s an
d fu
rnit
ure
may
hav
e be
en p
aint
ed w
ith le
ad-c
onta
inin
g pa
int.
Old
er to
ys a
nd o
ther
chi
ldre
n’s
prod
ucts
may
hav
e pa
rts
that
co
ntai
n le
ad.4
Food
and
liqu
ids
cook
ed o
r sto
red
in l
ea
d c
ryst
al o
r le
ad
-gla
ze
d
po
tte
ry o
r p
orc
ela
in m
ay c
onta
in le
ad.
Folk
rem
edie
s, su
ch a
s “g
reta
” a
nd “
az
arc
on
,” u
sed
to tr
eat a
n up
set
stom
ach.
4 In
1978
, the
fede
ral g
over
nmen
t ban
ned
toys
, oth
er c
hild
ren’
s pr
oduc
ts, a
nd fu
rnitu
re
with
lead
-con
tain
ing
pain
t (16
CFR
130
3). I
n 20
08, t
he fe
dera
l gov
ernm
ent b
anne
d le
ad in
mos
t chi
ldre
n’s
prod
ucts
. The
fede
ral g
over
nmen
t cur
rent
ly b
ans
lead
in
exce
ss o
f 100
ppm
by
wei
ght i
n m
ost c
hild
ren’
s pr
oduc
ts (7
6 FR
444
63).
13
12
Re
no
va
tin
g,
Re
mo
de
lin
g,
or
Re
pa
irin
g (
RR
P)
a H
om
e
wit
h L
ea
d-B
ase
d P
ain
t
If y
ou
hir
e a
co
ntr
ac
tor
to c
on
du
ct
ren
ov
ati
on
, re
pa
ir,
or
pa
inti
ng
(R
RP
) p
roje
cts
in
yo
ur
pre
-19
78
ho
me
or
ch
ild
ca
re f
ac
ilit
y (
suc
h a
s p
re-s
ch
oo
l a
nd
kin
de
rga
rte
n),
yo
ur
con
tra
cto
r m
ust
:
Be a
Lea
d-Sa
fe C
ertifi
ed fi
rm a
ppro
ved
by E
PA o
r an
EPA
-aut
horiz
ed s
tate
pro
gram
Use
qua
lified
trai
ned
indi
vidu
als
(Lea
d-Sa
fe
Cert
ified
reno
vato
rs) w
ho fo
llow
spe
cific
lead
-saf
e w
ork
prac
tices
to p
reve
nt le
ad c
onta
min
atio
n
Pro
vide
a c
opy
of E
PA’s
lead
haz
ard
info
rmat
ion
docu
men
t, Th
e Le
ad-S
afe
Cert
ified
Gui
de to
Re
nova
te R
ight
RR
P c
on
tra
cto
rs w
ork
ing
in
pre
-19
78
ho
me
s a
nd
ch
ild
ca
re f
ac
ilit
ies
mu
st f
oll
ow
le
ad
-sa
fe w
ork
pra
cti
ces
tha
t:
Co
nta
in t
he
wo
rk a
rea
. The
are
a m
ust b
e co
ntai
ned
so th
at d
ust a
nd
debr
is d
o no
t esc
ape
from
the
wor
k ar
ea. W
arni
ng s
igns
mus
t be
put
up, a
nd p
last
ic o
r oth
er im
perm
eabl
e m
ater
ial a
nd ta
pe m
ust b
e us
ed.
Av
oid
re
no
va
tio
n m
eth
od
s th
at
ge
ne
rate
la
rge
am
ou
nts
of
lea
d-c
on
tam
ina
ted
du
st. S
ome
met
hods
gen
erat
e so
muc
h le
ad-
cont
amin
ated
dus
t tha
t the
ir us
e is
pro
hibi
ted.
The
y ar
e:
Ope
n-fla
me
burn
ing
or to
rchi
ng
Sand
ing,
grin
ding
, pla
ning
, nee
dle
gunn
ing,
or b
last
ing
with
pow
er to
ols
and
equi
pmen
t not
equ
ippe
d w
ith a
shr
oud
and
HEP
A v
acuu
m a
ttac
hmen
t and
Usi
ng a
hea
t gun
at t
empe
ratu
res
grea
ter t
han
1100
°F
Cle
an
up
th
oro
ug
hly
. Th
e w
ork
area
sho
uld
be c
lean
ed u
p da
ily.
Whe
n al
l the
wor
k is
don
e, th
e ar
ea m
ust b
e cl
eane
d up
usi
ng s
peci
al
clea
ning
met
hods
.
Dis
po
se o
f w
ast
e p
rop
erl
y. C
olle
ct a
nd s
eal w
aste
in a
hea
vy d
uty
bag
or s
heet
ing.
Whe
n tr
ansp
orte
d, e
nsur
e th
at w
aste
is c
onta
ined
to
prev
ent r
elea
se o
f dus
t and
deb
ris.
To le
arn
mor
e ab
out E
PA’s
requ
irem
ents
for R
RP p
roje
cts
visi
t ep
a.go
v/ge
tlead
safe
, or r
ead
The
Lead
-Saf
e Ce
rtifi
ed G
uide
to
Reno
vate
Rig
ht.
Wh
ere
Le
ad
-Ba
sed
Pa
int
Is F
ou
nd
In g
ener
al, t
he o
lder
you
r hom
e or
chi
ldca
re fa
cilit
y, th
e m
ore
likel
y it
has
lead
-bas
ed p
aint
.1
Ma
ny
ho
me
s, i
nc
lud
ing
pri
va
te,
fed
era
lly
ass
iste
d,
fed
era
lly
ow
ne
d
ho
usi
ng
, a
nd
ch
ild
ca
re f
ac
ilit
ies
bu
ilt
be
fore
19
78
ha
ve
le
ad
-ba
sed
p
ain
t. In
197
8, th
e fe
dera
l gov
ernm
ent b
anne
d co
nsum
er u
ses
of le
ad-
cont
aini
ng p
aint
.2
Lear
n ho
w to
det
erm
ine
if pa
int i
s le
ad-b
ased
pai
nt o
n pa
ge 7
.
Le
ad
ca
n b
e f
ou
nd
:
In h
omes
and
chi
ldca
re fa
cilit
ies
in th
e ci
ty, c
ount
ry, o
r sub
urbs
,
In p
rivat
e an
d pu
blic
sin
gle-
fam
ily h
omes
and
apa
rtm
ents
,
On
surf
aces
insi
de a
nd o
utsi
de o
f the
hou
se, a
nd
In s
oil a
roun
d a
hom
e. (S
oil c
an p
ick
up le
ad fr
om e
xter
ior p
aint
or
othe
r sou
rces
, suc
h as
pas
t use
of l
eade
d ga
s in
car
s.)
Lear
n m
ore
abou
t whe
re le
ad is
foun
d at
epa
.gov
/lead
.
5
1 “Le
ad-b
ased
pai
nt” i
s cu
rren
tly d
efine
d by
the
fede
ral g
over
nmen
t as
pain
t with
le
ad le
vels
gre
ater
than
or e
qual
to 1
.0 m
illig
ram
per
squ
are
cent
imet
er (m
g/cm
), or
m
ore
than
0.5
% b
y w
eigh
t.
2 “L
ead-
cont
aini
ng p
aint
” is
curr
ently
defi
ned
by th
e fe
dera
l gov
ernm
ent a
s le
ad in
new
dr
ied
pain
t in
exce
ss o
f 90
part
s pe
r mill
ion
(ppm
) by
wei
ght.
Ide
nti
fyin
g L
ea
d-B
ase
d P
ain
t a
nd
Le
ad
-Ba
sed
Pa
int
Ha
za
rds
De
teri
ora
tin
g l
ea
d-b
ase
d p
ain
t (p
ee
lin
g,
ch
ipp
ing
, c
ha
lkin
g,
cra
ck
ing
, o
r d
am
ag
ed
pa
int)
is a
haz
ard
and
need
s im
med
iate
at
tent
ion.
Le
ad
-ba
sed
pa
int m
ay a
lso
be a
haz
ard
whe
n fo
und
on
surf
aces
that
chi
ldre
n ca
n ch
ew o
r tha
t get
a lo
t of w
ear a
nd te
ar, s
uch
as: O
n w
indo
ws
and
win
dow
sill
s
Doo
rs a
nd d
oor f
ram
es
Stai
rs, r
ailin
gs, b
anis
ters
, and
por
ches
Le
ad
-ba
sed
pa
int
is u
sua
lly
no
t a
ha
za
rd i
f it
is
in g
oo
d c
on
dit
ion
an
d if
it is
not
on
an im
pact
or f
rictio
n su
rfac
e lik
e a
win
dow
.
Le
ad
du
st c
an fo
rm w
hen
lead
-bas
ed p
aint
is s
crap
ed, s
ande
d, o
r he
ated
. Lea
d du
st a
lso
form
s w
hen
pain
ted
surf
aces
con
tain
ing
lead
bum
p or
rub
toge
ther
. Lea
d pa
int c
hips
and
dus
t can
get
on
surf
aces
and
obj
ects
that
peo
ple
touc
h. S
ettle
d le
ad d
ust c
an re
ente
r th
e ai
r whe
n th
e ho
me
is v
acuu
med
or s
wep
t, or
whe
n pe
ople
wal
k th
roug
h it.
EPA
cur
rent
ly d
efine
s th
e fo
llow
ing
leve
ls o
f lea
d in
dus
t as
haza
rdou
s:
40 m
icro
gram
s pe
r squ
are
foot
(μg/
ft2 )
and
high
er fo
r floo
rs,
incl
udin
g ca
rpet
ed fl
oors
250
μg/f
t2 a
nd h
ighe
r for
inte
rior w
indo
w s
ills
Le
ad
in
so
il c
an b
e a
haza
rd w
hen
child
ren
play
in b
are
soil
or w
hen
peop
le b
ring
soil
into
the
hous
e on
thei
r sho
es. E
PA c
urre
ntly
defi
nes
the
follo
win
g le
vels
of l
ead
in s
oil a
s ha
zard
ous:
400
part
s pe
r mill
ion
(ppm
) and
hig
her i
n pl
ay a
reas
of b
are
soil
1,20
0 pp
m (a
vera
ge) a
nd h
ighe
r in
bare
soi
l in
the
rem
aind
er o
f the
ya
rd
Re
me
mb
er,
le
ad
fro
m p
ain
t c
hip
s—w
hic
h y
ou
ca
n s
ee
—a
nd
le
ad
d
ust
—w
hic
h y
ou
ma
y n
ot
be
ab
le t
o s
ee
—b
oth
ca
n b
e h
az
ard
s.
The
only
way
to fi
nd o
ut if
pai
nt, d
ust,
or s
oil l
ead
haza
rds
exis
t is
to
test
for t
hem
. The
nex
t pag
e de
scrib
es h
ow to
do
this
.
611
Re
du
cin
g L
ea
d H
az
ard
s, c
on
tin
ue
d
If y
ou
r h
om
e h
as
ha
d l
ea
d a
ba
tem
en
t w
ork
do
ne
or i
f the
hou
sing
is
rece
ivin
g fe
dera
l ass
ista
nce,
onc
e th
e w
ork
is c
ompl
eted
, dus
t cle
anup
ac
tiviti
es m
ust b
e co
nduc
ted
until
cle
aran
ce te
stin
g in
dica
tes
that
lead
du
st le
vels
are
bel
ow th
e fo
llow
ing
leve
ls:
40 m
icro
gram
s pe
r squ
are
foot
(μg/
ft2 )
for fl
oors
, inc
ludi
ng c
arpe
ted
floor
s
250
μg/f
t2 fo
r int
erio
r win
dow
s si
lls
400
μg/f
t2 fo
r win
dow
trou
ghs
For h
elp
in lo
catin
g ce
rtifi
ed le
ad a
bate
men
t pro
fess
iona
ls in
you
r are
a,
call
your
sta
te o
r loc
al a
genc
y (s
ee p
ages
14
and
15),
or v
isit
ep
a.go
v/le
ad, o
r cal
l 1-800
-424
-LEA
D.
7
Ch
ec
kin
g Y
ou
r H
om
e f
or
Le
ad
You
can
get y
our h
ome
test
ed fo
r lea
d in
sev
eral
diff
eren
t way
s:
A le
ad-b
ased
pai
nt in
spe
cti
on
tells
you
if y
our h
ome
has
lead
-ba
sed
pain
t and
whe
re it
is lo
cate
d. It
won
’t te
ll yo
u w
heth
er y
our
hom
e cu
rren
tly h
as le
ad h
azar
ds. A
trai
ned
and
cert
ified
test
ing
prof
essi
onal
, cal
led
a le
ad-b
ased
pai
nt
insp
ecto
r, w
ill c
ondu
ct a
pai
nt in
spec
tion
usin
g m
etho
ds, s
uch
as:
Port
able
x-r
ay fl
uore
scen
ce (X
RF) m
achi
ne
Lab
test
s of
pai
nt s
ampl
es
A ri
sk a
sse
ssm
en
t tel
ls y
ou if
you
r hom
e cu
rren
tly h
as a
ny le
ad h
azar
ds fr
om le
ad
in p
aint
, dus
t, or
soi
l. It
also
tells
you
wha
t ac
tions
to ta
ke to
add
ress
any
haz
ards
. A
trai
ned
and
cert
ified
test
ing
prof
essi
onal
, ca
lled
a ris
k as
sess
or, w
ill:
Sam
ple
pain
t tha
t is
dete
riora
ted
on d
oors
, win
dow
s, flo
ors,
stai
rs,
an
d w
alls
Sam
ple
dust
nea
r pai
nted
sur
face
s an
d sa
mpl
ing
bare
soi
l in
the
yar
d
Get
lab
test
s of
pai
nt, d
ust,
and
soil
sam
ples
A c
ombi
natio
n in
spec
tion
and
risk
asse
ssm
ent t
ells
you
if y
our h
ome
has
any
lead
-bas
ed p
aint
and
if y
our h
ome
has
any
lead
haz
ards
, and
w
here
bot
h ar
e lo
cate
d.
Be s
ure
to re
ad th
e re
port
pro
vide
d to
you
aft
er y
our i
nspe
ctio
n or
risk
as
sess
men
t is
com
plet
ed, a
nd a
sk q
uest
ions
abo
ut a
nyth
ing
you
do n
ot
unde
rsta
nd.
10
Re
du
cin
g L
ea
d H
az
ard
s
Dis
turb
ing
le
ad
-ba
sed
pa
int
or
rem
ov
ing
le
ad
im
pro
pe
rly
ca
n
inc
rea
se t
he
ha
za
rd t
o y
ou
r fa
mil
y b
y
spre
ad
ing
ev
en
mo
re l
ea
d d
ust
aro
un
d
the
ho
use
.
In a
dditi
on to
day
-to-
day
clea
ning
an
d go
od n
utrit
ion,
you
can
te
mp
ora
rily
redu
ce le
ad-b
ased
pai
nt
haza
rds
by ta
king
act
ions
, suc
h as
re
pairi
ng d
amag
ed p
aint
ed s
urfa
ces
and
plan
ting
gras
s to
cov
er le
ad-
cont
amin
ated
soi
l. Th
ese
actio
ns a
re
not p
erm
anen
t sol
utio
ns a
nd w
ill n
eed
ongo
ing
atte
ntio
n.
You
can
min
imiz
e ex
posu
re to
lead
w
hen
reno
vatin
g, re
pairi
ng, o
r pai
ntin
g, b
y hi
ring
an E
PA- o
r sta
te-
cert
ified
reno
vato
r who
is tr
aine
d in
the
use
of le
ad-s
afe
wor
k pr
actic
es. I
f you
are
a d
o-it-
your
selfe
r, le
arn
how
to u
se le
ad–s
afe
wor
k pr
actic
es in
you
r hom
e.
To re
mov
e le
ad h
azar
ds p
erm
anen
tly, y
ou s
houl
d hi
re a
cer
tified
lead
ab
atem
ent c
ontr
acto
r. A
bate
men
t (or
per
man
ent h
azar
d el
imin
atio
n)
met
hods
incl
ude
rem
ovin
g, s
ealin
g, o
r enc
losi
ng le
ad-b
ased
pai
nt
with
spe
cial
mat
eria
ls. J
ust p
aint
ing
over
the
haza
rd w
ith re
gula
r pa
int i
s no
t per
man
ent c
ontr
ol.
Alw
ay
s u
se a
ce
rtifi
ed
co
ntr
ac
tor
wh
o i
s tr
ain
ed
to
ad
dre
ss l
ea
d
ha
za
rds
safe
ly.
Hire
a L
ead-
Safe
Cer
tified
firm
(see
pag
e12)
to p
erfo
rm re
nova
tion,
re
pair,
or p
aint
ing
(RRP
) pro
ject
s th
at d
istu
rb p
aint
ed s
urfa
ces.
To c
orre
ct le
ad h
azar
ds p
erm
anen
tly, h
ire a
cer
tified
lead
aba
tem
ent
prof
essi
onal
. Thi
s w
ill e
nsur
e yo
ur c
ontr
acto
r kno
ws
how
to w
ork
safe
ly a
nd h
as th
e pr
oper
equ
ipm
ent t
o cl
ean
up th
orou
ghly
.
Cert
ified
con
trac
tors
will
em
ploy
qua
lified
wor
kers
and
follo
w s
tric
t sa
fety
rule
s as
set
by
thei
r sta
te o
r by
the
fede
ral g
over
nmen
t.
8
Ch
ec
kin
g Y
ou
r H
om
e f
or
Le
ad
, co
nti
nu
ed
In p
repa
ring
for r
enov
atio
n, re
pair,
or p
aint
ing
wor
k in
a p
re-1
978
hom
e, L
ead-
Safe
Cer
tified
reno
vato
rs (s
ee p
age
12) m
ay:
Take
pai
nt c
hip
sam
ples
to d
eter
min
e if
lead
-bas
ed p
aint
is
pres
ent i
n th
e ar
ea p
lann
ed fo
r ren
ovat
ion
and
send
them
to a
n EP
A-r
ecog
nize
d le
ad la
b fo
r ana
lysi
s. In
hou
sing
rece
ivin
g fe
dera
l as
sist
ance
, the
per
son
colle
ctin
g th
ese
sam
ples
mus
t be
a ce
rtifi
ed
lead
-bas
ed p
aint
insp
ecto
r or r
isk
asse
ssor
Use
EPA
-rec
ogni
zed
test
s ki
ts to
det
erm
ine
if le
ad-b
ased
pai
nt is
ab
sent
(but
not
in h
ousi
ng re
ceiv
ing
fede
ral a
ssis
tanc
e)
Pres
ume
that
lead
-bas
ed p
aint
is p
rese
nt a
nd u
se le
ad-s
afe
wor
k pr
actic
es
Ther
e ar
e st
ate
and
fede
ral p
rogr
ams
in p
lace
to e
nsur
e th
at te
stin
g is
do
ne s
afel
y, re
liabl
y, a
nd e
ffect
ivel
y. C
onta
ct y
our s
tate
or l
ocal
age
ncy
for m
ore
info
rmat
ion,
vis
it ep
a.go
v/le
ad, o
r cal
l 1-8
00
-42
4-L
EA
D
(53
23
) fo
r a li
st o
f con
tact
s in
you
r are
a.3
3 H
earin
g-or
spe
ech
chal
leng
ed in
divi
dual
s m
ay a
cces
s th
is n
umbe
r thr
ough
TTY
by
calli
ng th
e Fe
dera
l Rel
ay S
ervi
ce a
t 1-800
-877
-839
9.9
Wh
at
Yo
u C
an
Do
No
w t
o P
rote
ct
Yo
ur
Fa
mil
y
If y
ou
su
spe
ct
tha
t y
ou
r h
ou
se h
as
lea
d-b
ase
d p
ain
t h
az
ard
s, y
ou
c
an
ta
ke
so
me
im
me
dia
te s
tep
s to
re
du
ce y
ou
r fa
mil
y’s
ris
k:
If yo
u re
nt, n
otify
you
r lan
dlor
d of
pee
ling
or c
hipp
ing
pain
t.
Keep
pai
nted
sur
face
s cl
ean
and
free
of d
ust.
Clea
n flo
ors,
win
dow
fr
ames
, win
dow
sill
s, an
d ot
her s
urfa
ces
wee
kly.
Use
a m
op o
r spo
nge
with
war
m w
ater
and
a g
ener
al a
ll-pu
rpos
e cl
eane
r. (R
emem
ber:
neve
r mix
am
mon
ia a
nd b
leac
h pr
oduc
ts to
geth
er b
ecau
se th
ey c
an
form
a d
ange
rous
gas
.)
Care
fully
cle
an u
p pa
int c
hips
imm
edia
tely
with
out c
reat
ing
dust
.
Thor
ough
ly ri
nse
spon
ges
and
mop
hea
ds o
ften
dur
ing
clea
ning
of
dirt
y or
dus
ty a
reas
, and
aga
in a
fter
war
d.
Was
h yo
ur h
ands
and
you
r chi
ldre
n’s
hand
s of
ten,
esp
ecia
lly b
efor
e th
ey e
at a
nd b
efor
e na
p tim
e an
d be
d tim
e.
Keep
pla
y ar
eas
clea
n. W
ash
bott
les,
paci
fiers
, toy
s, an
d st
uffed
an
imal
s re
gula
rly.
Keep
chi
ldre
n fr
om c
hew
ing
win
dow
sill
s or
oth
er p
aint
ed s
urfa
ces,
or
eatin
g so
il.
Whe
n re
nova
ting,
repa
iring
, or p
aint
ing,
hire
onl
y EP
A- o
r sta
te-
appr
oved
Lea
d-Sa
fe C
ertifi
ed re
nova
tion
firm
s (s
ee p
age
12).
Clea
n or
rem
ove
shoe
s be
fore
ent
erin
g yo
ur h
ome
to a
void
trac
king
in
lead
from
soi
l.
Mak
e su
re c
hild
ren
eat n
utrit
ious
, low
-fat m
eals
hig
h in
iron
, and
ca
lciu
m, s
uch
as s
pina
ch a
nd d
airy
pro
duct
s. Ch
ildre
n w
ith g
ood
diet
s ab
sorb
less
lead
.
Housing Rehabilitation (2013) Exhibit 8P
12/20/04 1 of 2
Lead Analysis Report
Borrower Name: DO NOT EDIT THIS RECORD BLANK Loan Number:
Property: Date:
LEAD ANALYSIS (Page 1) Yes/No
Is this property exempt from the Regulation? If “yes”, for which of the following reasons? (If any of the following are checked, the property is exempt from the requirements of CFR Part 35. The regulatory citation of each exemption is cited as additional guidance.)
Property was constructed after January 1, 1978 [35.115(a)(1)].
This is a zero-bedroom unit [35.115(a)(2)].
This is housing dedicated to the elderly and/or disabled [35.115(a)(3)].
Paint inspection conducted in accordance with 35.1320(a) established that the property is free of lead-based paint [35.115(a)(4)].
*The date of the original paint inspection was ___________.
All lead-based paint in the property has been identified and removed with clearance achieved as cited below [35.115(a)5].
o Clearance achieved prior to September 15th, 2000. Work was done in accordance with 40CFR Part 745.227(b).
o Clearance achieved after September 15, 2000. Work was done in accordance with 40CFR Part 35.1320,1325 and 1345.
Rehabilitation will not disturb painted surfaces [35.115(a)8].
Repairs are those limited to those that are necessary to respond to an emergency, to safeguard against imminent danger, health or safety, or, to protect the property from further structural damage [35.115(a)9].
If lead regulations do not apply, based on information above, STOP here. �If property is not exempt, check box and continue lead evaluation.
Rehabilitation and Lead Allocation of Funds: Rehabilitation costs $
Lead hazard reduction costs $
Total assistance provided $
This summary sheet must be completed on all CDBG rehabilitation projects. It is intended as a guide to compliance with federal regulations with respect to reduction of lead based paint hazards in the rehabilitation of residential properties and is not intended to be a comprehensive reference. For a complete recital of the terms of the applicable federal regulations refer to 24 CFR part 35-Lead-Based Paint Poisoning Prevention in certain Residential Structures (the “Regulation”).
Housing Rehabilitation (2013) Exhibit 8P
12/20/04 2 of 2
* HUD definition of ‘deminimus threshold’ for lead: Safe work practices are not required when maintenance or hazard reduction activities do not disturb painted surfaces that total more than: 20 square feet (2 square meters) on any exterior surfaces, 2 square feet (0.2 square meters) in anyone interior room or space, or more than 10% of the total surface area on an interior or exterior type of component with a small surface area. Examples include window sills, baseboards, and trim.
LEAD ANALYSIS (Page 2) Yes/NoRehab hard costs are < $5000, and
*Will scope of rehab work disturb paint above the de minimus threshold?For work above de minimus, the following lead regulations apply:� Lead paint presumed on all painted surfaces.� Worksite clearance required on/in affected areas where work disturbed paint.� Safe Work Practices required by HUD/NARI trained and approved contractors
*Will scope of rehab work disturb paint below the de minimus threshold?For work below de minimus [35.1350(d)] lead regulations do not apply. � Safe Work Practices required by HUD/NARI trained and approved contractors
If this is the case, check box and STOP here. �Rehab hard costs are > $5000 and up to $25,000
� +Risk Assessment required.� Full house clearance required [35.1340] unless risk assessment demonstrates that there
are no lead hazards present.o Are lead hazards present?
If no, check box and STOP here. �Rehab hard costs > $25,000 If so, the following applies:
� +Risk Assessment� Abatement of identified lead-based paint hazards required� Full house clearance required [35.1340] unless risk assessment demonstrates that there
are no lead hazards present.o Are lead hazards present?
If no, check box and STOP here. �
Follow-up case management of lead work:
+Risk Assessment Date completed:
Clearance Visual Full Worksite Date completed:
Notifications to Property Owners
Lead Acknowledgement Form, presumption information and Lead Hazard Information Pamphlet required on all. Date completed:
Risk Assessment Date completed:
Notice of Lead Hazard Reduction Activities, including Clearance Results
Date completed
Exhi
bit 8
P(2
013)
Lea
d-Ba
sed
Pain
t Sum
mar
y gu
idel
ines
for h
omes
con
stru
cted
prio
r to
1978
Con
stru
ctio
n C
osts
Und
er $
5,00
0$5
,000
to $
25,0
00O
ver $
25,0
00Le
ad H
azar
d Ev
alua
tion
and
Red
uctio
nD
o no
har
mId
entif
y an
d co
ntro
l lea
d ha
zard
sId
entif
y an
d ab
ate
lead
haz
ards
Pam
phle
t Not
ifica
tion
Yes
Yes
Yes
Lead
Haz
ard
Eval
uatio
n Pa
int T
estin
g, o
r pre
sum
e le
ad-
base
d pa
int a
nd u
se sa
fe w
ork
prac
tices
on
all s
urfa
ces
Pain
t Tes
ting
and
Ris
k A
sses
smen
t, or
pre
sum
e le
ad-
base
d pa
int a
nd u
se st
anda
rd
treat
men
t
Pain
t Tes
ting
and
Ris
k A
sses
smen
t, or
pre
sum
e le
ad-
base
d pa
int a
nd a
bate
all
appl
icab
le su
rfac
esLe
ad H
azar
d R
educ
tion
Rep
air p
aint
surf
aces
dis
turb
ed
durin
g re
habi
litat
ion
Inte
rim C
ontro
lsA
bate
men
t (In
terim
con
trols
on
exte
rior s
urfa
ces n
ot d
istu
rbed
by
reha
bilit
atio
n)O
ngoi
ng M
aint
enan
ceN
ot if
ow
ner-
occu
pied
Not
if o
wne
r-oc
cupi
edN
ot if
ow
ner-
occu
pied
Not
ice
to O
ccup
ants
Yes
Yes
Yes
Sum
mar
ize
Safe
wor
k pr
actic
es, d
istu
rbed
su
rfac
esSt
anda
rd tr
eatm
ent,
inte
rim
co
ntro
lsAb
ate
appl
icab
le su
rfac
es,
inte
rim
on
unaf
fect
ed su
rfac
es