View all text of Subchapter I [§ 4852 - § 4852d]
§ 4852. Grants for lead-based paint hazard reduction in target housing
(a) General authority
The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria—
(1) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level;
(2) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; and
(3) notwithstanding paragraphs (1) and (2), Round II grantees who receive assistance under this section may use such assistance for priority housing.
(b) Eligible applicants
(c) Form of applications
To receive a grant under this section, a State or unit of local government shall submit an application in such form and in such manner as the Secretary shall prescribe. An application shall contain—
(1) a copy of that portion of an applicant’s comprehensive housing affordability strategy required by section 12705(b)(16) 1
1 See References in Text note below.
of this title;(2) a description of the amount of assistance the applicant seeks under this section;
(3) a description of the planned activities to be undertaken with grants under this section, including an estimate of the amount to be allocated to each activity;
(4) a description of the forms of financial assistance to owners and occupants of housing that will be provided through grants under this section; and
(5) such assurances as the Secretary may require regarding the applicant’s capacity to carry out the activities.
(d) Selection criteria
The Secretary shall award grants under this section on the basis of the merit of the activities proposed to be carried out and on the basis of selection criteria, which shall include—
(1) the extent to which the proposed activities will reduce the risk of lead-based paint poisoning to children under the age of 6 who reside in housing;
(2) the degree of severity and extent of lead-based paint hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage State, local, and private funds to supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed activities; and
(5) such other factors as the Secretary determines appropriate to ensure that grants made available under this section are used effectively and to promote the purposes of this chapter.
(e) Eligible activities
A grant under this section may be used to—
(1) perform risk assessments and inspections in housing;
(2) provide for the interim control of lead-based paint hazards in housing;
(3) provide for the abatement of lead-based paint hazards in housing;
(4) provide for the additional cost of reducing lead-based paint hazards in units undergoing renovation funded by other sources;
(5) ensure that risk assessments, inspections, and abatements are carried out by certified contractors in accordance with section 2682 of title 15;
(6) monitor the blood-lead levels of workers involved in lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced to vacate housing while lead hazard reduction measures are being conducted;
(8) educate the public on the nature and causes of lead poisoning and measures to reduce exposure to lead, including exposure due to residential lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead levels of children under the age of 6 residing in housing after lead-based paint hazard reduction activity has been conducted, to assure that such activity does not cause excessive exposures to lead; and
(10) carry out such other activities that the Secretary determines appropriate to promote the purposes of this chapter.
(f) Forms of assistance
(g) Technical assistance and capacity building
(1) In general
(2) Set-aside
(h) Matching requirement
(i) Prohibition of substitution of funds
(j) Limitation on use
(k) Financial records
(l) Report
An applicant under this section shall submit to the Secretary, for any fiscal year in which the applicant expends grant funds under this section, a report that—
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number of inspections conducted in residential dwellings;
(3) states the number of residential dwellings in which lead-based paint hazards have been reduced through interim controls;
(4) states the number of residential dwellings in which lead-based paint hazards have been abated; and
(5) provides any other information that the Secretary determines to be appropriate.
(m) Notice of Funding Availability
(n) Relationship to other law
(o) Environmental review
(1) In general
(2) Applicability
This subsection shall apply to—
(A) grants awarded under this section; and
(B) grants awarded to States and units of general local government for the abatement of significant lead-based paint and lead dust hazards in low- and moderate-income owner-occupied units and low-income privately owned rental units pursuant to title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139, 105 Stat. 736).
(p) Authorization of appropriations
(Pub. L. 102–550, title X, § 1011, Oct. 28, 1992, 106 Stat. 3901; Pub. L. 103–233, title III, § 305(a), Apr. 11, 1994, 108 Stat. 370; Pub. L. 104–134, title I, § 101(e) [title II, § 217], Apr. 26, 1996, 110 Stat. 1321–257, 1321–290; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)