Lead-Based Paint Poisoning: Children in Section 8 Tenant-Based Housing Are Not Adequately Protected
RCED-94-137
Published: May 13, 1994. Publicly Released: May 13, 1994.
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Highlights
Pursuant to a legislative requirement, GAO reviewed the Department of Housing and Urban Development's (HUD) enforcement of and compliance with federal lead safety laws and regulations as they apply to section 8 tenant-based housing, focusing on the: (1) effectiveness of HUD regulations for identifying lead-based paint hazards; (2) effectiveness of HUD regulations for protecting children with elevated lead blood levels that reside in section 8 tenant-based housing; and (3) applicability of the Lead-Based Poisoning Prevention Act to the section 8 tenant-based housing program.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| To resolve uncertainty about the applicability of the Lead-Based Paint Poisoning Prevention Act, as amended in 1992, to the section 8 tenant-based housing assistance program--uncertainty created by inconsistencies between provisions of the act and statements in the legislative report for the 1992 amendments to the act--Congress may wish to consider amending the act to clarify its applicability to the section 8 tenant-based housing assistance programs. Specifically, Congress may wish to clarify section 302 of the act to indicate whether section 8 tenant-based housing is considered federally assisted housing under the act. |
Closed – Not Implemented
|
Key professional staff on the Senate Housing Subcommittee left the Subcommittee. New professional staff are not interested in pursuing this issue at this time. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Housing and Urban Development | To determine whether requiring more rigorous inspection and testing in section 8 tenant-based housing is practicable and whether such requirements are likely to affect landlords' participation in the section 8 program, the Secretary of Housing and Urban Development should conduct a demonstration program that draws on the work of the Task Force on Lead-Based Paint Hazard Reduction and Financing. This demonstration program should develop the information needed to: (1) estimate the cost of testing section 8 tenant-based housing for lead-based paint hazards; (2) assess the likely response of section 8 landlords to new requirements for such testing; and (3) recommend to Congress whether HUD regulations should be changed to reflect the demonstration program's findings. |
Closed – Not Implemented
HUD lost about 90 percent of its funding for lead-based paint abatement efforts. Therefore, the agency is no longer willing to conduct demonstration projects to determine the likely impacts of various hypothetical policies.
|
| Department of Housing and Urban Development | To better ensure that individuals receiving section 8 tenant-based assistance are obtaining safe housing as required and that children whose blood contains elevated levels of lead are protected from further exposure to lead-based paint hazards, the Secretary of Housing and Urban Development should require, as a condition for receiving housing assistance payments and annually renewing participation in a section 8 tenant-based assistance program, that a property owner notify the public housing authority if a local health agency finds that the property contains a lead-based paint hazard. |
Closed – Implemented
In accordance with 24 CFR Ch. IX, Part 982, Subpart I, Section 982.401, paragraph (j)(8), prior to execution of the Housing Assistance Payment contract with a property owner participating in the Section 8 tenant-based program, the owner must inform the housing authority and the family of any knowledge of the presence of lead-based paint on the surfaces of the residential unit. This regulation substantially addresses the recommendation stated above.
|
| Department of Housing and Urban Development | To better ensure that individuals receiving section 8 tenant-based assistance are obtaining safe housing as required and that children whose blood contains elevated levels of lead are protected from further exposure to lead-based paint hazards, the Secretary of Housing and Urban Development should require public housing authorities to: (1) ask local health agencies for the addresses of children with elevated levels of lead in their blood; and (2) match these addresses with the addresses of section 8 tenant-based residences to determine whether HUD regulations should be implemented. |
Closed – Implemented
In accordance with 24 CFR Ch. IX, Part 982, Subpart I, Section 982.401, paragraph (j)(9)(i), the housing authority must attempt to obtain annually from local health agencies the names and addresses of children with identified EBLs and must annually match this information with the names and addresses of participants under this regulation and determine whether other pertinent HUD regulations apply to the conditions present. This regulation substantially addresses the recommendation stated above.
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Topics
ChildrenEnvironmental legislationFederal propertyHealth hazardsLow income housingPublic housingSafety regulationTestingToxic substancesLead-based paint hazards