policies and priorities - Vermont Housing and Conservation Board

Vermont Housing & Conservation Board
VERMONT LEAD-BASED PAINT HAZARD REDUCTION PROGRAM
POLICIES AND PRIORITIES
The Vermont Housing and Conservation Board hereby adopts the following policies and
priorities for the administration of its Lead-Based Paint Hazard Reduction Program (“Program”),
funded by the U.S. Department of Housing and Urban Development (“HUD”).
Goals
• To create affordable lead-safe housing in a manner that maximizes the number of young
children protected.
• To collaborate closely with the Vermont Department of Health (VDH) to conduct education
and training outreach on lead paint safety, State and federal lead paint laws, and related
topics.
• To work with the Childhood Lead Poisoning Prevention Program (CLPPP) at VDH to
complete lead hazard control work in units where children have been poisoned.
• To create perpetually affordable lead-safe units through collaboration with a network of
nonprofit housing developers.
• To integrate lead hazard reduction into housing rehabilitation programs funded under the
Vermont Community Development Block Grant Program and other federal funding sources.
• To support proactive landlords, homeowners with young children, and in-home child care
providers wishing to make their properties lead-safe.
• To support development of a sustainable infrastructure and delivery system for lead
education, testing/inspection, and hazard reduction.
• To create training and job opportunities for low-income Vermonters.
All program activities will be closely coordinated with the Vermont Department of Health (the
designated lead agency for lead hazard issues) and implemented in cooperation with all Vermont
organizations having an interest in lead hazard reduction.
All program activities will be conducted in conformance with the protocols outlined in the HUD
document entitled: Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
Housing (June 1995, rev. 1997), and as it may be amended or revised in the future; the Vermont
Regulations for Lead Control, EPA 40 CFR part 745, and HUD 24 CFR part 35.
Selection of Units
1. All homes and apartments selected for participation in the program will meet the following
eligibility requirements:
(a) Units receiving HUD grant funds for lead paint hazard reduction work will meet the
eligibility requirements established by Title X (The Residential Lead-Based Paint Hazard
Reduction Act of 1992), the HUD Notice of Funding Availability dated April 25, 2003
and other Administrative Guidance issued by HUD.
(b) Units receiving Community Development Block Grant Program funds or Vermont
Housing Financing Agency funds for lead paint hazard reduction will meet the eligibility
requirements of the funding organization(s).
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2. Selection of eligible units for assistance will be based on the following descending order of
priorities:
(a) Units with lead paint hazards occupied by severely lead poisoned children as
identified by the Vermont Department of Health (BLL 20+ ug/dl)
(b) Units with lead paint hazards occupied by moderately lead poisoned children as
identified by the Vermont Department of Health (BLL 10-19 ug/dl)
(c) Units with lead paint hazards occupied by households with a child age 6 or under or
units where in-home day care centers provide services to children age six or under.
(d) Units with lead paint hazards and two or more bedrooms.
(e) Units with lead paint hazards and one bedroom.
(f) All other target units.
3. Program staff will be responsible for the determination of eligibility and selection of units.
Beyond the priorities listed above, other factors may affect whether or not a particular project
will be funded, including but not limited to: number of children protected, structural
condition of property, level of intervention required, cost, time on waiting list, property
owner contribution, and likelihood of occupancy by families with young children.
Applicants who are dissatisfied with eligibility determinations, priority selection or other
decisions made by Program staff may have the determination or decision reviewed by the
Executive Director.
Assistance Provided
1. The owners of all eligible units selected for participation in the program will receive the
following services at no cost to the property owner:
• XRF inspection, dust wipe and soil sampling, and laboratory analysis to determine the
presence of lead-based paint and evaluate the potential lead hazards.
• Technical assistance from Program staff with hazard assessment, intervention strategies,
specification development, bidding and contractor selection, and construction
management.
• Resident education and relocation assistance for tenants
• Clearance testing at the completion of lead hazard control activities to insure units can be
safely re-occupied.
• Air duct cleaning (if applicable)
2. Funding in support of lead hazard reduction activities will be made available as follows:
Non-Profit Owned Rental Property undergoing Moderate or Substantial Rehabilitation
Where lead hazard control activities will be completed as part of moderate or substantial
rehabilitation of a property, non-profit owners can receive grants, on average, of $3500
per eligible housing unit. Actual amounts awarded will be determined on a project-byproject
basis, taking into account the total cost for appropriate hazard reduction activities,
the availability of other funding resources and the Program’s matching commitment
obligations. Non-profit owners must assure long-term affordability of the housing units
receiving assistance.
Non-Profit Owned Rental Property Undergoing Lead Hazard Control Only
Non-profit owners of eligible rental properties who assure long-term affordability of the
units may receive lead program funding in the form of grants as follows:
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(a) up to $10,000 per unit in multi-family housing (units having one or more
bedrooms);
(b) up to $15,000 per single family rental.
Investor Owned Rental Properties
Owners of eligible rental properties may receive lead program funding per eligible unit as
follows:
• grant of up to $3,000; and
• deferred loan (interest free and payable when unit is sold) of up to $7,000.
• Forgiveness of 5% of deferred loan amount for each year that owner completes
essential maintenance practices (EMPs) according to Vermont law. Affidavits of
Performance of EMPs must be appropriately filed with the Vermont Department of
Health each year. Up to 25% of loan can be forgiven in this manner.
• Forgiveness of 5% of deferred loan amount for each year that owner continues to rent
the unit to the initially eligible household, or if the household vacates the unit, to
another family with a child age 6 or under at the time of initial lease-up. The owner
will be required to provide documentation of occupancy to VHCB staff. Up to 25% of
loan can be forgiven in this manner.
Homeowners
Eligible homeowners with children age 6 or under may receive lead program funding as
follows:
• grant of up to $6,000; and
• deferred loan (interest free and payable when home is sold) of up to $14,000.
• Forgiveness of 5% of deferred loan amount for each year that owner continues to own
and occupy the property and maintain it in good condition. Up to 50% of loan can be
forgiven in this manner.
Other eligible homeowners may receive lead program funding as follows:
• grant of up to $3,000; and
• deferred loan (interest free and payable when home is sold) of up to $7,000.
• Forgiveness of 5% of deferred loan amount for each year that owner continues to own
and occupy the property and maintain it in good condition. Up to 50% of loan can be
forgiven in this manner.
Emergency Situations
In situations involving a unit occupied by a child with a confirmed blood lead level in
excess of 20 micrograms/deciliter where the Vermont Department of Health has
determined that the poisoning is a result of lead-based paint hazards, additional funds
may be granted in order to undertake abatement or hazard reduction activities. Such
awards must be approved, on a case by case basis, by the Executive Director, and will be
subject to the availability of funds.
Funding commitments for grants and loans for hazard reduction activities will, as a general
rule, be made by the Executive Director or designee. Award decisions on units in which the
hazard reduction activities are part of a moderate or substantial rehabilitation effort involving
other VHCB funding resources will be made in conjunction with Board review of the project.
The Executive Director will consult with the Board Chair or designee regarding grant awards
in excess of $150,000 per project. Staff shall provide a program status report to the Board at
its regular meetings which shall include a listing of grants awarded.
3. Recognizing that the financial assistance available with HUD funds is often not sufficient to
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fully cover the cost of appropriate lead hazard reduction activities, Program staff will work
actively to facilitate the availability and accessibility of other resources, including, but not
limited to: owner financing and sweat equity, revolving loan funds, private financing, and
other available housing assistance.
Intervention Strategies
Evaluation and intervention strategies, techniques and treatments for individual units will be
consistent with the guidance provided in the HUD Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing (1995, rev. 1997), as it may be amended or revised in the
future. HUD requires that the Program address all identified lead paint hazards in properties
receiving assistance. This is achieved through a combination of interim controls and abatement
of lead hazards that typically includes window replacement, stabilization of deteriorated
surfaces, covering lead painted floors, and addressing other friction areas like doors and door
jambs. A specialized cleaning and clearance testing are conducted before residents are allowed
to re-occupy the residence.
Vacant housing being rehabilitated by nonprofit organizations typically receives the most
comprehensive treatment because renovations are substantial and more lead-painted components
are removed or covered. These units will remain perpetually affordable to low and moderate
income households and are likely to serve families with young children. Although treatments are
substantial, lead costs are lower because of overlap with rehab activities. Occasionally this
strategy is also used with investor-owners doing substantial remodeling or renovations.
Where only lead hazard control work will be undertaken the intervention strategy typically
includes more ‘in-place management’ of lead hazards. Certain components, like windows, are
almost always replaced because they pose the greatest hazard. But other components and
surfaces are stabilized and repainted to eliminate the hazardous conditions. Stand alone lead
hazard control work requires substantially more Program resources for coordination, project
design, construction oversight, and all of the work. Properties where a young child has been
seriously lead poisoned may receive a higher level of intervention to prevent a reoccurrence.
When designing lead hazard control projects, Program staff first address lead paint hazards on
the interior of the property. Interiors are where young children are most at risk of ingesting lead.
Exterior hazards (typically deteriorated paint on clapboards/trim) are then addressed with
remaining Program and property owner resources. Exterior paint stabilization work can be
completed by workers or property owners who have completed a lead safe work practices
training (i.e. Vermont’s Essential Maintenance Practices class). A majority of owners perform
some sweat equity work for their projects, most commonly repainting of treated surfaces.
To the extent possible, Program staff provide technical assistance and advice to the general
public as requested, including limited visual assessments, sampling, and laboratory analysis. The
Program works closely with all federally funded housing assistance programs in the State to
insure compliance with the federal Lead Safe Housing Regulation, including the provision of
free clearance examinations. Funding for these services comes from the repayment of loans
awarded under previous grants.
All projects funded by this Program are subject to review under Section 106 of the National
Historic Preservation Act. The proposed lead safety treatment for each property receiving
assistance is reviewed for appropriateness by an historic preservation consultant under a
Programmatic Agreement between VHCB, the Vermont Division of Historic Preservation, HUD,
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and the Advisory Council. While recognizing the importance of preserving the historic character
of older structures, this Program gives priority to insuring lead safety for resident children.
Public Education / Outreach
The VHCB Lead Paint Program will work closely with the Childhood Lead Poisoning
Prevention Program (CLPPP) at the Vermont Department of Health and the Vermont Lead
Safety Project to increase awareness about lead poisoning and promote compliance with the
State’s lead paint laws for rental housing and child care facilities. These efforts will include the
provision of free lead safety/essential maintenance practices training sessions throughout the
State for property owners, child care providers maintenance personnel, contractors, painters, and
others working in older residential properties.
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