Navigating Lead Disclosure Laws And Regulations In NYC

Lead Regulations With Section 8 Housing

Section 8 Housing was established by Congress in 1978 as an amendment to the Housing and Community Development Act of 1974. Section 8 Housing for NY State and NYC is also known as the Housing Choice Voucher program, which aids renters or homeowners of low and moderate income to rent apartments or buy homes in the private marketplace. The New York City Housing Authority (NYCHA) administers the most extensive Section 8 Housing program in the United States, with approximately 85,000 voucher recipients and 25,000 landlords and homeowners participating. There are rules and regulations to follow to participate in the Housing Choice Voucher program of Section 8 Housing, including adhering to the lead regulations established by the NYCHA Lead-Safe Housing Policy. The Lead-Safe Housing Policy is based on all applicable federal, state, and local laws and regulations for lead testing.

 The following are some of the NYCHA Section 8 lead regulations for providing lead-safe housing:

• The rules of XRF lead testing in targeted Section 8 Housing apply to apartments, common areas of apartment buildings, and exteriors of said targeted housing.

• The U.S. Environmental Protection Agency (EPA) defines targeted housing as any housing built before 1978.  Exceptions to this rule are housing for elderly, disabled persons, or dwellings without bedrooms unless a child younger than six years of age resides in the residence.

• The term ‘resides’ is defined by NYC law as that of spending ten or more hours per week in the apartment.

• The NYCHA follows NYC Local Law 1, which mandates landlords use only certified XRF lead testing inspectors who employ lead-safe work practices to identify and eradicate lead-based paint hazards where children under six reside.

   

·  Every January 1, the NYCHA sends out notices to building tenants regarding maintaining the rules and regulations for continuing as a participant in the Section 8 Housing program. One of these notices involves filling out the Lead-Based Paint and Window Guard Notice to ensure child safety, which must be returned by February 15 each year.