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HUD Tightens Rules on Lead-Base Paint Removal

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The U. S. Department of Housing and Urban Development has published proposed revisions to its regulations covering the elimination of lead-base paint hazards in housing units involved in several HUD programs.

Current regulations, adopted in 1976 pursuant to Section 302 of the Lead-Based Paint Poisoning Prevention Act, require the elimination of chipping, flaking or peeling paint in existing units proposed for mortgage insurance or Section 8 subsidies.

In a lawsuit initiated by public housing tenants in the District of Columbia, a federal Court of Appeals decision ordered HUD to consider the removal of intact lead-based paint, as well on surfaces accessible and chewable by children.

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Because equipment for detection of lead content in paint is scarce, HUD is not proposing to require testing and removal of intact paint in single-family homes proposed for FHA mortgage insurance, considering such a measure “impractical” in the high-volume FHA program. However, in other programs, testing and removal of paint would be indicated in some circumstances in housing built before 1950.

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