Chapter 8 – Uniform Relocation Assistance and Real ... 8 – Uniform Relocation Assistance and ......

Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition, Section 104(d), and

Lead-Based PaintRecipient Checklist

NOTE: The recipient cannot enter into any legal binding commitment on a particular site before the environmental review is complete. Refer to Chapter 3 for more information on the Environmental Review Process. However, an option agreement on a particular proposed site or property is allowable prior to completion of the environmental review IF the option agreement is subject to a determination by the recipient of the desirability of the property for the project as a result of the completion of the environmental review and the cost of the option is a nominal portion of the purchase price. Refer to Chapter 3 for more details.

____ 1. Project involves the acquisition or donation of real property, permanent and temporary construction easements, and leases in excess of 50 years? If yes, the acquisition checklist, Exhibit 8A, was followed.

____ 2. Project involves conversion of occupied and/or vacant occupiable low/moderate income dwelling units? If yes, the 104(d) checklist starting on page 8-11 was followed.

____ 3. The project involves tenant displacement and relocation. Current tenants are the primary concern with URA, but its possible that the previous owner could have evicted a tenant or failed to renew a lease in order to sell the property as “vacant” for the project. Since such tenants are also entitled to relocation benefits, the circumstances surrounding any move from the property during a 12-month period prior to sale must be considered.

a. ____ General Information Notice (GIN) provided to tenantb. ____ Notice of Eligibility provided to tenantc. ____ 30 day Notice provided to tenantd. ____ 90 day Notice provided to tenante. ____ DSS comparable unit was foundf. ____ Tenant was reimbursed for moving expenses, totaling $________g. ____ Replacement Housing Payment was provided: Yes___ No___, amount of

payment $________________ h. ____ Relocation Assistance Payments (rental assistance) was made to the tenant

in the amount of $_____________, in ____ payments (must be more than one).

____ 4. Tenants of purchasers of pre-1978 housing received notice about lead based painthazards. Delivery of this notice, if applicable, is contained in the project file.

Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d), and Lead-Based Paint

Grant Management Handbook (2013) 8-1

Uniform Relocation Assistance and Real Property Acquisition,

Section 104(d),and Lead-Based Paint

NOTE: Several federal laws apply to projects assisted in whole or in part with Community Development Block Grant funds that include any of the following activities:• Acquisition of real property;• Acquisition of permanent and temporary construction easements;• Displacement of businesses, nonprofit organizations and persons residing in

the project area;• Demolition or conversion of occupied and/or vacant occupiable low/moderate

income dwelling units; or• Rental housing rehabilitation (Applicable to renter rehabilitation only).If your project has any of these activities, call your Oregon Business Development Department Regional Coordinator. This Grant Management Handbook gives an overview of the different guidelines, but does not include exhaustive information on these subjects. The Coordinator will provide technical assistance to help your jurisdiction comply with the regulations and will supply you with supplementary information as necessary for your situation.

UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION (URA)Basic Federal Requirement

All real property, permanent easements, temporary construction easements, long term leases of 50 years or more, relocation of businesses and nonprofit organizations or persons are to be acquired and conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended January 4, 2005 (Uniform Act or URA), which covers all HUD assisted program/projects as required by 49 CFR Part 24 and 24 CFR Part 570.The complete text can be found online at http://www.access.gpo.gov/nara/cfr/waisidx_99/49cfr24_99.html.

HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition, change 8, issued March 16, 2007 and Part V of the Department of Transportation regulation located at 49 CFR Part 24 updated January 4, 2005 provides the information necessary to addresses any type of acquisition andcontains detailed guidance on the URA requirements. Before proceeding with any acquisition, the recipient may request a copy of the Handbook and updated regulation from OBDD or download a copy from http://www.hud.gov/offices/cpd/library Since the handbook is in a continual state of being updated, it is recommended that the grant recipient obtain the most current version located on the HUD web site. The state can also provide information booklets, sample notices and other materials to assist recipients.

Chapter 8 – Uniform Relocation Assistance and Real Property Acquisition,Section 104(d, and Lead-Based Paint

8-2 (2013) Community Development Block Grant

When do the URA requirements begin?

What if a project proponent already started a project?

In accordance with 49 CFR 24.2(a)(22) URA requirements apply to any project where federal financial assistance is received or anticipated in any phase. The CDBG application procedure contained in the current Method of Distribution require the submission of a Project Notification and Intake (PNIF) form, and is considered a pre-application screening tool, to determine project eligibility under the program and constitutes evidence that the applicant intends to seek federal financial assistance.

The state generally defines “intent to use CDBG funds” as the date the department receives a Project Notification and Intake Form (PNIF). The PNIF does not need to be processed or approved by OBDD, only received. The PNIF does not have to identify the project proponent’s desire to use CDBG funds for the project it need only describe the project itself. Intent to use CDBG funds could also be triggered by OBDD’s receipt of the “Off-Site Infrastructure for Affordable Housing Request for Pre-Screening”. From this point forward all the federal and state CDBG program requirements apply to the project.

In accordance with HUD Handbook 1378, Chapter 1-4-I-2, please note that the following will also trigger the URA requirements and need for GIN notices. In these instances the URA requirements apply whether or not the department has received a Project Notification and Intake Form:

� Conducting a first public hearing identifying that it is the applicant’s intent to use CDBG funds; or

� Issuance of any other form of public notice (press release, newsletter, public notices or advertisements) that identifies intent to use CDBG funds for the proposed project; or

� Any action at public City Council meetings, County Commission meetings or other public meetings regarding the potential use of CDBG funds for a project; or

� Initiation of an income survey to determine if the project will meet the area wide low and moderate income benefit requirements; or

� Any other event or event documentation that can be considered convincing rebutted evidence documenting intent to use CDBG funds for the project.

The acquisition activities of non-profit organizations are subject to the Uniform Act requirements, is such activities are for a Federal or federally assisted program or project. If the non-profit is going to complete the project without CDBG assistance they can proceed, however, if the non-profit is not going to be able to complete the project without CDBG assistance, the grant recipient needs to ensure the acquisition activities of the non-profit are completed in conformance with the URA requirements.



Definitions Easement – Permanent easement or temporary construction easement.

Income – Income is defined as total gross income for a 12 month period from all sources (earned and unearned) including but not limited to: wages and salaries; child support; alimony; unemployment benefits; workers compensation; social security; net income from businesses; and, welfare payments. Income does not include: income received/earned by dependent children and full time students under 18 years of age; food stamps and WIC.

Subject To (involuntary) – Acquisitions of real property, permanent easements, temporary construction easements, life estates and leases of 50 years or more are subject to subpart B of the URA requirements. Used to be known as “involuntary” acquisitions.

Not Subject To (voluntary) – Acquisitions of real property, permanent easements, temporary construction easements, and leases of 50 years or more, not subject to the requirements of subpart B of the URA requirements. Used to be known as “voluntary” acquisitions.

Any “not subject to” acquisition that is not handled properly, such as improper notices mailed etc. will no longer be considered “not subject to” and must be considered a “subject to” acquisition needing to follow all requirements of subpart B of URA.

Market Value – The terms Market Value and Fair Market Value are synonymous.

Mobile Home – Includes manufactured homes and recreational vehicles used as residences. Mobile homes are now considered the same as stick built homes.

Property Acquisition/ Permanent Easement/ Temporary Construction Easement

URA requirements apply to the acquisition of real property, permanent easements, temporary construction easements and long-term leases of 50 years or more for Community Development Block Grant assisted projects. The purpose is to ensure the fair, equitable and consistent treatment of owners of real property to be acquired for federally assisted projects.

Recipients should familiarize themselves with all applicable regulations and work with their OBDD Regional Coordinator to ensure that all requirements are met.

All Sources of Funds are Covered

If Community Development Block Grant assistance is used for any part of the project, the Uniform Act must be followed, even if local or other non-Community Development Block Grant funds are used to pay the acquisition costs.



Types of Acquisition

URA applies to: acquisition of fee simple title; acquisition of fee title that is subject to retention of a life estate or a life use; acquisition by leasing where the lease term, including option(s) for extension, is 50 years or more; and to the acquisition of permanent easements and temporary construction easements.

Exhibit 8A contains an “Acquisition Checklist” and flow chart for grant recipients to use in adhering to these complicated requirements.

Prior to the commencement of each acquisition (notices mailed to property owners), considered by the recipient to be “not subject to” the recipient must receive concurrence from OBDD that the acquisition is “not subject to” the requirements of Subpart B of the Uniform Act. Exhibit 8B contains the required form to use for this concurrence from the state.

Appraisal Requirements

In most cases, URA will require the recipient to obtain an independent appraisal of the property, permanent easement or temporary construction easement prior to negotiating a sale with the property owner. Independent appraisals are necessary as documentation that acquisition costs are “reasonable and necessary” per federal regulations. An exception to this requirement may be allowed for small, uncomplicated acquisitions with low fair market values of $10,000 or less.

When an appraisal is not required for “not subject to” transactions the recipient must have on file evidence of how the fair market value of the property was determined by a qualified person knowledgeable in land/property valuation.

When an appraisal is waived by a property owner for “subject to” transactions the recipient must have on file a waiver valuation. Refer to HUD Handbook 1378 for waiver valuation requirements.

All appraisals must meet the minimum appraisal requirements of the Uniform Act. Note that URA requires an appraisal to be current; this means no more than one year (12 months) old at the time the offer of just compensation is made. Exhibit 8C contains a Guide for Preparing An Appraisal Scope of Work that can be used in meeting these requirements. Exhibit 8D contains a draft Agreement for Appraisal Services that can be used as a guide for entering into agreements with companies providing appraisal services. Exhibit 8E contains a Certificate of Appraiser that can be used for “subject to” acquisitions or other acquisitions where an appraisal is obtained.

“Subject to” transaction property owners, where the value of the land is estimated at $10,000 or more have the right to accompany the appraiser when the appraisal is conducted on their property. Exhibit 8F contains an example invitation to the property owner to accompany the appraiser.

Once the appraisal has been completed, a review of the appraisal is necessary to assure that it meets applicable appraisal requirements. The review appraiser needs



to determine that the appraiser’s documentation, including valuation data and the analyses of that data, demonstrates the soundness of the appraiser’s opinion of value.

Donations The Uniform Act applies to donations. Recipients must not accept or negotiate donations of real property or easements unless the specific provisions of URA are followed. Donated property does not have to be appraised if the requirements of URA are met.

Purchase Options, Sales Agreements and Other Agreements

Federal acquisition rules must be followed prior to negotiating permanent easements, purchase options, sales agreements or donation agreements. In cases where there is an existing, true, option to purchase property for a project, all disclosures must be made to the property owner prior to exercising the option. When an option is exercised, a contract of sale is entered. An “earnest money agreement” is not an option to purchase. Detailed federal acquisition requirements are at http://www.fhwa.dot.gov/realestate/49cfr.htm.

To assist recipients in complying with tenant access notification requirements, use of tenant access clauses in purchase options is recommended. Such a clause requires the property owner to allow tenant access for purpose of obtaining information and issuing notices.

The recipient cannot enter into any legal binding commitment to a particular site before the environmental review is complete. Refer to Chapter 3 for more information on the Environmental Review Process. However, an option agreement on a particular proposed site or property is allowable prior to completion of the environmental review IF the option agreement is subject to a determination by the recipient of the desirability of the property for the project as a result of the completion of the environmental review, issuance of the ROF by the state and the cost of the option is a nominal portion of the purchase price. Refer to Chapter 3 for more details.

Initiation of Negotiations

To assist recipients in complying with URA requirements, some sample initialnotices and agreements with property owners regarding proposed acquisition areattached. These include:

Exhibit 8G - Notice for Acquisition of a Permanent Easement or Real Property -Initial Notice to “subject to”

Exhibit 8H - “Subject to” Donation Agreement

Exhibit 8I - Letter for Acquisition of a Permanent Easement or Real Property -Initial Notice to “not subject to”

Exhibit 8J - “Not subject to” Donation Agreement



Fair Market Value

Eminent Domain

Uniform Act Reference Document

Exhibit 8K - U.S. Housing and Urban Development Brochure “When a PublicAgency Acquires Your Property”

HUD has published this brochure designed to answer property owners’ questions when dealing with a public agency. This publication must be given to all property owners and can be found electronically at http://www.hud.gov/offices/cpd/library/

Exhibit 8L-- Notice of Just Compensation.

Recipient’s file must indicate the manner in which this notice was delivered(e.g., personally served or certified mail return receipt requested) and the date of delivery. If the letter was personally served obtain a written receipt ofdelivery from the property owner at the time of delivery.

The fair market value for properties “subject to” the requirements cannot beexceeded, unless there is clear evidence the acquisition will:

� Go to eminent domain proceedings; and� The additional cost above fair market value plus the cost of completing

eminent domain proceedings is more than the negotiated price.

This MUST be clearly documented and should be a rarity. Contact the department’sRegional Coordinator for your area for advice.

The US, Department of Housing and Urban Development’s has a statutoryprohibition on the use of HUD Fiscal Year (FY) 2006 and 2008 funds for eminentdomain related activities. This prohibition clarifies the statutory prohibition againstusing HUD programs to support eminent domain for non-public purposes. Ifeminent domain will be a part of any CDBG project assisted in whole or in partwith FY 2006 of 2008 CDBG funds for non-public purposes the project will nolonger be eligible for assistance from the CDBG program and all expended grantfunds must be repaid to the State. Please contact the department’s RegionalCoordinator for assistance in determining if your project has been allocated FY2006 or FY 2008 funds.

Note: If an agency does not have the authority to acquire property from the federalgovernment through condemnation the acquisition will meet the requirements of 49 CFR Part 24.101(b)(3). In accordance with this regulation, if the agency desiring toacquire the property from the Federal Agency does not have authority to acquirethrough condemnation, such acquisition is not subject to URA basic acquisitionpolicies. Unlike voluntary acquisitions from a private party under 24.101(b)(2),there are also no seller notification requirements.

HUD Handbook 1378, Tenant Assistance, Relocation and Real PropertyAcquisition, change 8, issued March 16, 2007 and Part V of the Department ofTransportation regulation located at 49 CFR Part 24 updated January 4, 2005provides the information necessary to addresses any type of acquisition and



contains detailed guidance on the URA requirements. Before proceeding with anyacquisition, the recipient may request a copy of the Handbook and updatedregulation from OBDD or download a copy fromhttp://www.hud.gov/offices/cpd/library/ The state can also provide informationbooklets, sample notices and other materials to assist recipients.

DISPLACEMENT AND RELOCATION

URA covers displacement and relocation. A displaced person under URA is an individual, family, partnership, association, corporation, non-profit or organization, which moves from their home, business, or farm, or moves their personal property, as a direct result of acquisition, demolition or rehabilitation for a Community Development Block Grant project. Displaced persons are eligible for relocation assistance under the URA. Section 104(d) of the Housing and Community Development Act also governs the replacement of housing and relocation of individuals due to Community Development Block Grant-funded activities. Section 104(d) may be found at http://nhl.gov/offices/cpd/affordablehousing/training/web/relocation/section104dfm The Act is implemented by regulations at 24 CFR Part 42(http://www.access.gpo.gov/nara/cfr/waisidx_03/24cfr42_03.html). Regulations for relocation benefits are in 24 CFR Part 42.350.

HUD has developed several brochures for persons in need of relocation assistance. All are available from a regional coordinator or online at the Housing and Urban Development website. They are:

• Relocation Assistance to Persons Displaced From Their Homes (Section 104(d))

• Relocation Assistance to Tenants Displaced From Their Homes• Relocation Assistance to Displaced Businesses, Nonprofit Organizations

and Farms

Basic Project Development Concepts

• Relocation Assistance to Displaced Homeowner Occupants

When developing your project, here are some basic concepts to keep in mind:

1) “Buy vacant” for CDBG funded projects because relocation requirements are complicated and expensive.

2) If there is going to be a relocation during the project, the grant recipient is required to have a “relocation plan” in place.

3) If the property has been vacant for 3 years, 1:1 replacement will not be required.

URA Triggers NOT SUBJECT TO – (Voluntary) – Causing Displacement� Owner occupied – URA Triggered – NO� Tenant occupied – URA Triggered – YES



Unfound Displaced Tenants

Tenant Notices

� Business/other occupied – URA Triggered – YES

SUBJECT TO – (Involuntary) – Causing Displacement� Owner occupied – URA Triggered – YES� Tenant occupied – URA Triggered – YES� Business/other occupied – URA Triggered - YES

If the tenants who were issued a GIN vacated before the initiation of negotiations (i.e. the date the CDBG grant agreement is fully executed between the recipient and the State) they do not qualify as displaced. GIN’s should be issued as soon as feasible after the department receives a Project Intake Form, as the intake constitutes intent to use federal funds. Anyone who vacates a property after the Intake is submitted to the department but before receiving a GIN could claim to have been displaced by the project.

If there are unfound displaced tenants, that qualify for benefits under URA there are two potential paths:

1) Grant recipient properly provided the GIN, that advised the tenant not to move, and used all reasonable procedures to locate said tenant(s), the regulations allow the tenant(s) 18 months to file a claim for URA benefits, when there are no extenuating circumstances.

2) Grant recipient did not properly provide GIN, the tenant(s) now have extenuating circumstances and they can file a claim to extend the 18 month window to file a claim for URA benefits, indefinitely.

If the tenant(s) are found or file a claim for benefits they must be paid. The exact URA benefit amount cannot be determined until you know where they are residing, to calculate the replacement housing payment.

All occupants of buildings that will be acquired, rehabilitated or converted to another use as a result of a Community Development Block Grant project must receive timely notices about their rights under federal law. The notices include:

General Information Notices (GIN) – Informs the occupant(s) of a possible project and includes the appropriate HUD booklet, in this case it would be HUD booklet 1042-CPD Relocation Assistance to Tenants Displaced from their Homes. This notice must be issued as soon as possible after it has been determined that HUD CDBG funds are intended to be used for the project (i.e. Department’s receipt of a Project Intake Form.)

Notice of Eligibility – Informs occupants that will be displaced of their rights and levels of assistance under URA.



30 and 90 day Notices – Informs occupants of the day by which they must vacate the property. Displaced persons may not formally be given LESS than 90 days to vacate their residence.

The recipient must have documentation that the notices were received by the tenant when the grant application is submitted to the state, by means of certified mail return receipt or the tenant signed for the notice. Tenants who did not receive their notices at the project application stage may be entitled to relocation benefits under federal law. There are many notices, depending upon the details of the situation, rather than include all types of notification in this Grant Management Handbook, the recipient is encouraged to use the numerous examples of notices (“guide form notices”) in HUD Handbook 1378. These may be accessed for download at http://www.hud.gov/offices/cpd/library/relocation/policyandguidance/handbook178.cfm. A wide range of samples for different situations are found in the appendices. Examples of the three most commonly used notices are contained in the Exhibits:

Exhibit 8M-- Sample Notice to Tenants

Exhibit 8N-- GIN – Non-Displaced Residential Tenant

Exhibit 8O-- GIN – Displaced Residential TenantCurrent tenants are the primary concern with URA, but it’s possible that the previous owner could have evicted a tenant or failed to renew a lease in order to sell the property as “vacant” for the project. Since such tenants are also entitled to relocation benefits, the circumstances surrounding any move from theproperty during a 12-month period prior to sale must be considered.

Replacement Housing Assistance

Displaced Persons

Comparable Unit

Assistance can be provided as rental assistance or down payment assistance. Rental assistance can be replacement-housing payment (RHP). The amount of RHP varies depending upon whether the family is a lower income or non-lower income family, using HUD’s family size and income limits. URA establishes a $5,250 cap on payments. This cap can be exceeded on last resort housing situations, where the $5,250 is not sufficient to relocate the household. Cash rental assistance must be provided in payments, unless it is to be used to purchase a home.

Displaced persons must rent or purchase decent safe and sanitary (DSS) units within one year after being displaced in order to qualify for a replacement housing payment. The displaced person must file the claim forms within 18 months after being displaced. If the displaced person selects a unit that fails inspections for codes and standards and necessary corrections cannot be made, RHP cannot be made. But the displaced person can get moving expenses.

Each recipient must offer one or more units to the displaced person, in which the size and function, contain the same principle features and location (reasonable access to person’s employment, schools, medical facilities etc. general



Replacement Unit

Moving Expenses

Relocation Assistance and Payments

Factors for calculating Assistance

Residential Antidisplacement and Relocation Assistance Plan

neighborhood characteristics, proper environmental conditions) are as similar as possible to the unit the person is leaving and is DSS. The comparable unit must also be available for use/occupancy.

Public housing is a comparable unit for displaced public housing tenants, but NOT for other tenants.

The replacement unit is the unit the person actually moves into.

Moving expenses must be reasonable and necessary. The displaced person may choose to receive payment for moving expenses by commercial mover; reimbursement of actual expenses incurred by the displaced person; FHWA fixed payment; or any combination of the aforementioned. The residential moving cost schedule, effective August 22, 2008 can be found athttp://edocket.access.gpo.gov/2008/pdf/E8-16893.pdf

The URA provides for relocation assistance and payments to eligible persons displaced from their homes, businesses and farms as a direct result of a federally funded program or project. Residential tenants and owner-occupants of 90 days or more that are displaced from their dwellings may be eligible for a replacement housing payment, for rental assistance, or down payment assistance. Information regarding eligibility for this assistance is available at http://www.fhwa.dot.gov/realestate/ua/ualic.htm. Consult your Regional Coordinator for details of this program.

Cash rental assistance payments must be made in at least two installments. The first installment must be at the beginning of the move and the second and final installment must be after the relocation is completed.

The income of the displaced person is not a factor in determining basic eligibility, but for lower-income residential tenants it is a factor in calculating the amount of assistance they will receive. There is no income cut-off for eligibility for relocation assistance. Anyone who is displaced may be entitled to URA assistance.

All recipients are required to follow the State of Oregon Antidisplacement and Relocation Assistance Plan (Exhibit 2A).



URA Reference Document

Specific instructions for meeting the federal relocation requirements are beyond thescope of this Grant Management Handbook. Recipients with projects that may result in any person or business moving, temporarily or permanently, must use HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition, change 5, issued January 12, 2006 and Part V of the Department of Transportation regulation located at 49 CFR Part 24 updated January 4, 2005 (http://www.hud.gov/offices/cpd/library/relocation/policyandguidance/handbook78.cfm) and discuss the requirements with the regional coordinator for their project at the beginning of the project. Many of the U.S. Department of Housing and Urban Development brochures for displaced homeowners, businesses, tenants, and persons are available upon request from OBDD or at http://www.hud.gov/offices/cpd/library/relocation/publications/.

Relocation Benefits for Aliens

Aliens not lawfully present in the United States are not eligible for URA relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent or child. A person seeking URA relocation assistance must certify that the person is a United States citizen or national, or an alien lawfully present in the United States.

SECTION 104(D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT

Basic Federal Requirement

Section 104(d) of the Housing and Community Development Act requires replacement of low and moderate-income housing units that are demolished or converted to another use in connection with a CDBG assisted activity. “Low and moderate income dwelling unit” means a dwelling unit or home with a market rent (including utility costs) that does not exceed the applicable fair market rent (FMR) for Section 108 housing program. The unit can be occupied or vacant. The term does not include a unit that is owned and occupied by the same person(s) before and after the rehabilitation. The overview is found at http://nhl.gov/offices/cpd/affordablehousing/training/web/relocation/section104dfm

Example This rule applies to units being demolished or converted from permanent housing to temporary housing or another use. One example of a project that can trigger the one-for-one replacement rules is the rehabilitation of a single-family home for use as a homeless shelter.

Note: A millionaire could own and live in a low and moderate-income dwelling unit or vice versa a low-income household could live in a mansion.

Section 104(d) vs. The Uniform Act (URA)

The relocation assistance and payments for eligible persons under Section 104(d) are similar to those required for the URA, but there are a number of differences. One significant difference is the period of time used to calculate a rental assistance payment; Section 104(d) factors in 60 months vs. 42 months for the URA. Displaced persons eligible for assistance from both Section 104(d) and URA must



choose to receive relocation assistance from only one program.

Section 104(d) Requirements

Section 104(d) requirements include:• One for One replacement of all occupied and vacant occupiable low- or

moderate-income dwelling units that are demolished or converted to a use other than low- or moderate-income permanent housing in connection with an activity assisted under the Housing and Community Development Act (HCDA), and

• Provision of certain relocation assistance to any lower income person displaced as a direct result of the demolition of any dwelling unit or conversion of a low- or moderate-income dwelling unit to a use other than a low- or moderate-income permanent residence.

Section 104(d) Resources

104(d) Checklist

Contact an Oregon Business Development (OBDD) regional coordinator for the applicable federal regulations and assistance if your project involves demolition or conversion of housing units. There have been many recent changes in definitions of different types of dwellings and eligibility requirements. More information is found in HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition, change 5, issued January 12, 2006 and Part V of the Department of Transportation regulation located at 49 CFR Part 24 updated January 4, 2005 that may be found online at http://www.hud.gov/offices/cpd/library/

Relocation Assistance:Section 104(d) Tenant Assistance applies to owners and renters. To determine if the household is subject to 104(d) tenant relocation assistance use the following checklist.

1) Are CDBG funds used in the project?

2) Is the household low income? Low Income Household (not family) means – Households whose income is below 80% of median. (Low and moderate income for the CDBG program.)

3) Will the unit be demolished or converted to another use?

4) Provide 104(d) tenant assistance if the answers to all of 1-3 above are “yes”.

Notes: Residents that are not considered to be low income are still protected by URA and must be evaluated for relocation benefits under URA.Residents eligible to receive 104(d) tenant assistance are still protected by URA and must also be evaluated for relocation benefits under URA. If both URA and 104(d) applies tenant/resident must get both sets of notices required by each regulation. Persons eligible for relocation benefits from both URA and 104(d)



must choose one program to receive benefits from. They cannot receive benefits from both programs.

One for One Replacement:To determine if the unit is subject to one for one replacement use the following checklist:

1) Are CDBG funds in the project?

2) Is the unit low income? Low/Moderate Income dwelling unit means – The rent and utilities is below the affordable rent for FMR (Fair Market Rents) – applies to rental and owner occupied units. For owner occupied units it would be the rent the unit would command if it were made available on the rental market.

3) Will the unit be demolished or converted to another use?

4) Is the unit occupied or vacant-occupiable?Vacant Occupiable - The unit is standard, vacant and suitable for rehab, or dilapidated but has been occupied within the last three months.

5) If the answers to 1-4 above were all “yes” than the unit needs to be replaced.

24 CFR 42.375(b)(2) requires 1:1 replacement. Meaning a duplex containing 2- 1 bedroom, 1 bathroom units cannot be replaced by a single family dwelling containing 3 bedrooms and 2 bathrooms. The duplex must be replaced by a like duplex of 2 units containing 1 bedroom, 1 bathroom each.

LEAD-BASED PAINTBasic Federal Requirement

The Lead-Based Paint Poisoning Prevention Act and HUD implementing regulations at 24 CFR 570.487(c) (found online at http://www.access.gpo.gov/nara/cfr/waisidx_03/24cfr570_03.html) affect recipients using Community Development Block Grant funds to rehabilitate residential housing. Effective September 15, 2000 revisions to the Lead-Based Paint (LBP) Regulations 24 CFR Part 35 were implemented. These may be viewed at http://www.hud.gov/offices/lead/enforcement/lshr.cfm

Lead Safe Housing Rule

HUD has implemented regulations to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government or being sold by the government. The "Lead Safe Housing Rule” that contains requirements for notification, evaluation and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance, was published in the Federal Register on September 15, 1999. The requirements apply to housing



built before 1978; the year lead-based paint was banned nationwide for consumer use. It is found at http://www.hud.gov/offices/lead/enforcement/lshr.cfmA technical amendment to this regulation was published in the Federal Register on June 21, 2004.

The new regulation puts all of the department's lead-based paint regulations in one part of the Code of Federal Regulations, making it much easier to find HUD policy on the subject.

Requirements The regulation sets hazard reduction requirements that give much greater emphasis than previous regulations to reducing lead in house dust. It requires dust testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend on the type and amount of financial assistance, the age of the structure, and whether the dwelling is rental or owner-occupied. These regulations affect all Community Development Block Grant awards made by the state for housing rehabilitation after September 15, 2000.

Certification The grant award contract includes a certification that no lead-based paint will be used in residential units.

Lead-Based Paint Notice

All purchasers and tenants of Community Development Block Grant assisted housing constructed prior to 1978 must receive a notice about the hazards of lead-based paint. Applicants for housing rehabilitation loans or grants also should receive notification. The notification form to be used is the current Environmental Protection Agency (EPA) pamphlet, Protect Your Family from Lead in Your Home. A copy is included as Exhibit 8P.

Grant recipients must keep documentation of the notifications in their local project file. This can be done by using the evidence of notification form at http://www.epa.gov/oppt/lead/pubs/lesr_eng.pdf and attached as Exhibit 8Q. An alternative way to document the notice to buyers and tenants is by obtaining a copy of the signed disclosure statement that all sellers and landlords are now required to retain by federal law (unrelated to the Community Development Block Grant program).

In addition to the disclosure requirements, housing rehabilitation with federal assistance must meet the requirements of lead-based pain poison prevention in the regulations at 24 CFR 35 Subpart J, Rehabilitation. Subpart J includes different and accumulatively more stringent requirements as the per unit federal assistance or rehabilitation funding increases. The requirements are:�All rehabilitation: Paint testing of surfaces to be disturbed or presume that painted surfaces are lead-based paint, notice to occupants of the evaluation of paint testing or presumption of lead-based paint, lead safe work practices during rehabilitation and lead hazard reduction, and ongoing lead-based paint maintenance in projects.�$5,000 or less per unit: Repair of disturbed paint and clearance of work site.�Over $5,000 to $25,000 per unit: Risk assessment, interim controls, and notice to



occupants of lead hazard reduction.�Over $25,000 per unit: Risk assessment, abatement of lead-based paint hazards, and notice to occupants of lead hazard reduction.

State Regulations All state Community Development Block Grant programs are required to develop procedures to eliminate the hazards of lead poisoning due to the presence of lead-based paint in housing assisted with Community Development Block Grant funds. In addition, the Lead-Based Paint Hazard Reduction Act of 1992 (Title X) requires states to establish certification programs for inspectors and contractors and accrediting programs for trainers.

Lead-Based Paint References

HUD’s Office of Healthy Homes and Lead Hazard Control's Community Information and Outreach website has a wide assortment of materials, from lead information brochures to large, full-color posters, including those printed in several languages at http://www.hud.gov/offices/lead/Another source of information is the National Lead Information Center accessed at http://www.epa.gov/lead/pubs/nlic.htm or by calling (800) 424-LEAD.

The State of Oregon’s Lead-Based Paint Program has a toll-free LeadLine at (800) 368-5060. Its website is at http://oregon.gov/DHS/ph/leadpaint/index.shtml.

Grant Management Handbook (2013) Exhibit 8A

ACQUISITION CHECKLIST

City/County:___________________________ Grant #:______________________

RE:____________________________________________________________________

Owner(s):____________________________ Tenants:______________________Address:_____________________________ Address:______________________

______________________________ _______________________

“Not Subject To” Acquisitions (No Displacement):

1. State concurrence of “Request for Acquisition Exemption” (Exhibit 8B).2. Identify all potential easements/land that need(s) to be acquired.3. Prepare legal descriptions for each acquisition.4. Obtain the services (in accordance with the requirements found in Chapter 5) of someone knowledgeable in

local Fair Market Values (FMV) (i.e. real estate broker). Document the persons experience and knowledge for the files, and obtain FMV estimates for each acquisition.

5. Prepare initial “not subject to letter” Exhibit 8I. Attach Exhibit 8J “sample not subject to donation agreement. Send letters certified mail, return receipt, or hand deliver the letters and have the owner sign a statement of receipt, which is placed in the project file.

6. Fully informed owner signs donation agreement (Exhibits 8J). Skip to item “12” below.7. Recipient establishes purchase offer amount. (Offer must be no less than the FMV determined by the

person knowledgeable in FMV’s.).8. Owner provided just compensation and purchase offer letter (Exhibit 8L).9. “Purchase option/option agreement” conditioned upon completion of the environmental review, receipt of

CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter’s 3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “10” below.

10. Once the ROF has been issued by the state, the option agreement/purchase option can be exercised, and a contract of sale entered into.

11. Payment made to owner.12. Settlement costs (closing costs) paid by grant recipient.13. Title recorded and paid for by the grant recipient.

“Subject To” Procedures - valued less than $10,000 (No Displacement):

1. Identify all potential easements/land that need(s) to be acquired.2. Prepare legal descriptions for each acquisition.3. Obtain the services (in accordance with the requirements of Chapter 5) of someone knowledgeable in local

Fair Market Values (FMV) (i.e. real estate broker). Document the persons experience and knowledge for the files, and obtain FMV estimates for each acquisition.

4. Prepare initial “subject to letter” Exhibit 8G and insert paragraph 2. Attach Exhibit 8K “When a Public Agency Acquires Your Property” and Exhibit 8H “sample subject to donation agreement. Send letters certified mail, return receipt, or hand deliver the letters and have the owner sign a statement of receipt, which is placed in the project file.

5. Fully informed owner signs donation agreement (Exhibits 8H). Skip to item “6(f) or 7(k)” below.6. If the owner does not request an appraisal.

a) Recipient establishes purchase offer amount (Offer must equal the FMV determined by the person knowledgeable in local FMV)

b) Using Exhibit 8L - Owner is provided just compensation and purchase offer letter.

Exhibit 8A (2013) – Acquisition Checklist

Exhibit 8A (2013) Community Development Block Grant

c) “Purchase Option/Option Agreement” conditioned upon completion of the environmental review, receipt of CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter 3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “6(d)” below.

d) Once the ROF has been issued by the state, the option agreement can be exercised, and a contract of sale entered into.

e) Payment to owner is made.f) Settlement costs (closing costs) paid by grant recipient.g) Title recorded and paid for by the grant recipient.

7. If the owner requests an appraisal.a) The grant recipient is required to retain the services of a professional appraiser.b) Recipient must procure for an appraiser in accordance with procurement requirements in Chapter 5

and ensuring the federal clauses are included in the agreement.I. Using Exhibit 8C – Guide for preparing an Appraisal Scope of Work.

II. Using Exhibit 8D – Agreement for Appraisal Services.III. Using Exhibit 8E – Certificate of Appraiser.

c) Property owner must be invited to accompany appraiser on-site during the appraisal, using Exhibit 8F – Invitation to Accompany Appraiser.

d) Grant recipient receives original appraisal.e) Grant recipient obtains 2nd appraisal review of the original appraisal report, which the second

appraiser’s services must be procured for properly in accordance with Chapter 5.f) Recipient establishes purchase offer amount (Offer must equal the appraised FMV).g) Using Exhibit 8L - Owner is provided just compensation and Purchase Offer letter.h) “Purchase Option/Option Agreement” conditioned upon completion of the environmental review,

receipt of CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “7(i)” below.

i) Once the ROF has been issued by the state, the option agreement can be exercised, and a contract of sale can be entered into.

j) Payment to owner is made.k) Settlement costs (closing costs) paid by grant recipient.l) Title recorded and paid for by the grant recipient.

Easements valued at $10,000 or more (No Displacement):

1. Identify all potential easements/land that needs to be acquired.2. Prepare legal descriptions for each acquisition.3. Prepare initial “subject to letter” Exhibit 8G and insert paragraph 1. Attach Exhibit 8K “When a Public

Agency Acquires Your Property” and Exhibit 8H “sample agreement for subject to donation agreement.Send letters certified mail, return receipt, or hand deliver the letters and have the owner sign a statement of receipt, which is placed in the project file.

4. Fully informed owner signs donation agreement (Exhibits 8H). Skip to item “14” below.5. Procuring for an appraiser in accordance with procurement requirements in Chapter 5, and ensuring the

federal clauses are included in the agreement.I. Using Exhibit 8C – Guide for preparing an Appraisal Scope of Work.II. Using Exhibit 8D – Agreement for Appraisal Services.

III. Using Exhibit 8E – Certificate of Appraiser.6. Property owner must be invited to accompany appraiser on-site during the appraisal, using Exhibit 8F –

Invitation to Accompany Appraiser.7. Grant recipient receives original appraisal.8. Grant recipient obtains 2nd appraisal review of the original appraisal report, which the second appraiser’s

services must be procured for properly in accordance with Chapter 5.

Grant Management Handbook (2013) Exhibit 8A

9. Recipient establishes purchase offer amount (Offer must equal the appraised FMV).10. Using Exhibit 8L - Owner is provided just compensation and purchase offer letter.11. “Purchase Option/Option Agreement” conditioned upon completion of the environmental review, receipt of

CDBG funds, and meeting the requirements of 58.22(d) is entered into. Refer to Chapter 3 and 8. If Release of Funds (ROF) has already been issued by state, skip to item “12” below.

12. Once the ROF has been issued by the state, the option agreement can be exercised, and a contract of sale entered into.

13. Payment to owner is made.14. Settlement costs (closing costs) paid by grant recipient.15. Title recorded and paid for by the grant recipient.

SIGNIFICANT DOLLAR AMOUNTS

Appraisals: First Appraisal: $___________ Review Appraisal: $_____________

FMV determined by person knowledgeable in property values: $____________________

Just Compensation Offered: $_______________

Final Acquisition Price: $__________________

Settlement Costs paid by recipient: $_________________

Exhibit 8B (2013) – Request for Acquisition Exemption

Grant Management Handbook (2013) Exhibit 8B

REQUEST FOR ACQUISITION EXEMPTION

To: Oregon Business Development Department775 Summer Street NE – Suite 200Salem, Oregon 97301-1280

FROM: __________________________ Grant #: __________________(City/County)

RE: ____________________________________________________________(Description of Property)

Please provide concurrence that the above property is exempt from the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

This acquisition of real property is exempt as defined in 49 CFR, Part 24.101 (Check only one):

___ “Not Subject To” transaction. All procurement requirements specified in OMB 102 will be met and this transaction meets the requirements of ALL THREE of the following conditions:

� Not acquired under the threat of eminent domain. Owners will be provided written notice to this effect.

� A specified site is not necessary. There are other sites that will work, should negotiations fail on this property.

� The owner will be informed of the estimated fair market value of the property.

___ Property to be acquired is in government ownership and cannot be taken by eminent domain. Property owner is:_______________________

FOR ECONOMIC DEVELOPMENT REVOLVING LOAN FUND PROJECTS - ONLY

___ Property to be acquired by private sector and before the seller enters into contract of sale, the buyer will inform the seller:

� That is does not have the power of eminent domain and should negotiations fail to result in an amicable agreement, the property will be acquired.

� The owner will be informed of the estimated fair market value of the property.

Supporting data attached: ________________________________________________________________________________________________

Signature: _________________________ Date: ________________________(Chief Elected Official)

OBDD Use Only:___ Concurrence Signed: _______________________________ Noncurrence Title: ____________________________

Date: ____________________________

Exhibit 8E (2013) – Certificate of Appraiser

Grant Management Handbook (2013) Exhibit 8E

CERTIFICATE OF APPRAISER

I HEREBY CERTIFY:

That on ________________date(s), I personally made a field inspection of the property herein appraised and have afforded the owner or a designated representative the opportunity to accompany me on this inspection. I have also personally made a field inspection of the comparable sales relied upon in making said appraisal. The property being appraised and the comparable sales relied upon in making this appraisal were as represented in the appraisal.

That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth.

That I understand that such appraisal may be used in connection with the acquisition of property for a project utilizing U.S. Department of Housing and Urban Development funds.

That such appraisal has been made in conformity with appropriate laws, regulations and policies and procedures applicable to appraisal of the property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are non compensable under established law of said State.

That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the project for which such property is acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the property.

That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein.

That I have no direct or indirect present or contemplated future personal interests in such property or in any benefit from the acquisition of such property appraised.

That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the acquiring agency or officials of the U.S. Department of Housing and Urban Development and I will not do so until so authorized by said officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings.

That I have not given consideration to, or included in my appraisal any allowance for relocation assistance benefits.

Exhibit 8E (2013) – Certificate of Appraiser

Exhibit 8E (2013) Community Development Block Grant

That my opinion of the fair market value of the property to be acquired as of the _____ day of____________________________ 20___ is $_______________________ based upon my independent appraisal and the exercise of my professional judgment.

Name ___________________________________

Signature ___________________________________

License # ___________________________________

Date ___________________________________

(NOTE: Other statements, required by the regulations of an appraisal organization of which the appraiser is a member or by circumstances connected with the appraisal assignment or the preparation of the appraisal, may be inserted where appropriate.)

Exhibit 8F (2013) – Invitation to Accompany Appraiser

Grant Management Handbook (2013) Exhibit 8F

(Date)

NameAddressAddress

Dear _______________:

I have been requested by the (City/County) to prepare and appraisal of your property located at:___________________________. I will visit the property on: ____________, 201_. If you wish to accompany me, please telephone me at, _______________ to arrange a mutually convenient time.

Sincerely,

NameAppraiser

Exhibit 8G (2013) – Sample “Subject To” Letter

Grant Management Handbook (2013) Exhibit 8G

SAMPLE LETTER—“Subject To”

Acquisition of a Permanent Easement, Temporary Construction Easement or Real Property with no Relocation

Initial Notice to OwnerDear _______________:

Name of city or county is participating in a water / wastewater improvement project using federal funds from the Oregon Community Development Block Grant program. The (name of city or county) needs to acquire the following (easement / real property) from you for the project.

(Insert a description or reference an attachment that describes of the specific easement or real property to be acquired. A legal description should be used, if one is available.)

(Insert reason why the permanent easement or real property is needed for the project and how it will be used.)

The name of city or county is required to inform you of your rights under federal law. You are entitled to “just compensation” for the permanent easement or real property the city needs. The definition of “just compensation” and a description of your other rights are contained in the enclosed brochure “When a Public Agency Acquires Your Property.” Please read it carefully. The name of city or county may exercise its right of eminent domain to acquire the easement or property if negotiations should fail.

Insert the appropriate paragraph from the following two selections:

1. For easements or real property valued at more than $10,000:The name of city or county will send you a separate offer of just compensation after it has obtained an independent appraisal of the fair market value. You have the right to accompany the appraiser when he or she conducts the appraisal of your property. Please let us know within ____ days or not later than insert deadline if you desire to accompany the appraiser.

2. For easements or real property valued at $10,000 or less:We believe the value of the easement or real property the city needs from you does not exceed $10,000. Our determination is based on (insert description of the process used that meets the requirements in paragraph 5-2.c.(1)(b) on page 5-3 of Handbook 1378). Federal law does not require an independent appraisal for easements or real property valued at less than $10,000 unless the owner requests an appraisal.

You have the right to donate the easement or real property. To donate, you must sign a written statement that says you have been informed of your rights under federal law. It is very important to understand that the city/county cannot offer you any special benefits in connection with a donation. If you want to donate the easement or real property, please let us know within ____ days or no later than insert deadline. The city/county will include the donation language in an acquisition document specific for your property.

This notice is to inform you that, if assistance is provided and the easement/property is acquired you will not be displaced.Therefore we urge you not to move anywhere at this time. If you elect to move for reasons of your choice, you will not be provided with relocation assistance.

We will very much appreciate your cooperation in this matter because the project will benefit all residents of the community.These steps are essential for the city or county to receive the federal grant funds necessary to complete the project.

Please feel free to call insert name at insert telephone number if you have any questions or specific requests to make regarding the appraisal or a donation of your property.

Sincerely,

Enc: Subject To DonationWhen a Public Agency Acquires Your Property Brochure

Exhibit 8H (2013) – “Subject To” Donation

Grant Management Handbook (2013) Exhibit 8H

SAMPLE AGREEMENT

A Donation Under Basic Acquisition Where Eminent Domain May Be Used“Subject To” Transactions

(To be used and included with the permanent easement /property acquisition document recorded with the county)

I choose to donate the easement/property described in this document to the City/County of__________ for no consideration.

I have been fully informed of my rights under the federal Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. I understand that I cannot be required to convey the easement /property to the City/County of __________ for less than its appraised fair market value.

(Insert the following statements if they are applicable)

I release the City/County of __________ from making an offer of just compensation for my property.

I have waived my rights to an independent appraisal of the fair market value of my property, which is estimated to exceed $10,000.

I did not ask for an independent appraisal of my property after it was determined to have a value of $10,000 or less by the City/County __________.

Signature of Property Owner Date

Notary Date

Exhibit 8I (2013) – Sample “Not Subject To” Letter

Grant Management Handbook (2013) Exhibit 8I

SAMPLE LETTER— “Not Subject To”

Acquisition of a Permanent Easement, Temporary Construction Easement or Real Property with no Relocation

Initial Notice to OwnerDear _______________:

The name of city or county is participating in a water / wastewater improvement project using federal funds from the Oregon Community Development Block Grant program. The name of city or county needs to acquire the following easement / real property from you for the project.

(Insert a description or reference an attachment that describes of the specific easement or real property to be acquired. A legal description should be used, if one is available.)

(Insert reason why the easement or real property is needed for the project and how it will be used.)

We believe the value of the easement/property needed from you is ___________. Our determination is based upon (Insert description of the process used that meets the requirements in paragraph 5-1.a.(1)(c) on page 5-2 of the Handbook 1378.) Federal law does not require an independent appraisal of your property/permanent easement since we will not use the right of eminent domain to acquire your property if negotiations should fail.

You have the right to donate the easement or real property. To donate, you must sign a written statement that says you have been informed of your rights under federal law. It is very important to understand that the city cannot offer you any special benefits in connection with a donation. If you want to donate the easement or real property, please let us know within ____ days or no later than insert deadline . The city/county will include the donation language in an acquisition document specific for your property.

This notice is to inform you that, if assistance is provided and the easement/property is acquired you will not be displaced. Therefore we urge you not to move anywhere at this time. If you elect to move for reasons of your choice, you will not be provided with relocation assistance.

We will very much appreciate your cooperation in this matter because the project will benefit all residents of the community. These steps are essential for the city or county to receive the federal grant funds necessary to complete the project.

Please feel free to call insert name at insert telephone number if you have any questions or specific requests to make regarding the appraisal or a donation of your property

Sincerely,

Enc: Not Subject To Donation

Exhibit 8J (2013) – “Not Subject To” Donation

Grant Management Handbook (2013) Exhibit 8J

SAMPLE AGREEMENT

“Not Subject To” Donation Language

(To be used and included with the easement/property acquisition document recorded with the county)

I choose to donate the easement/property described in this document to the City/Countyof __________ for no consideration.

I have been fully informed of my rights under the federal Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. I understand that I cannot be required to convey the easement/property to the City/County of __________ for less than its appraised fair market value.

Signature of Property Owner Date

Notary Date

Exhibit 8K (2013) – When a Public Agency Acquires Your Property

Previous Edition Obsolete 1 HUD-1041-CPD(3/2005)

Grant Management Handbook (2013) Exhibit 8K

Introduction

This booklet describes important features of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and provides general information about public acquisition of real property (real estate) that should be useful to you.

Most acquisitions of real property by a public agency for a Federal project or a project in which Federal funds are used are covered by the URA. If you are notified that your property will be acquired for such a project, it is important that you learn your rights under this important law.

This booklet may not answer all of your questions. If you have more questions about the acquisition of your property, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you sell your property. Afterwards, it may be too late.

General Questions

What Right Has Any Public Agency To Acquire My Property?

The Federal Government and every State government have certain powers, which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order. Another government power is the power to acquire private property for public purposes. This is known as the power of eminent domain.

The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. The URA provides additional protections, as explained in this booklet.

Who Made The Decision To Buy My Property?

The decision to acquire a property for a public project usually involves many persons and many determinations. The final determination to proceed with the project is made, only after a thorough review, which may include public hearings to obtain the views of interested citizens.

If you have any questions about the project or the selection of your property for acquisition, you should ask a representative of the Agency which is responsible for the project.

How Will The Agency Determine How Much To Offer Me For My Property?

Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. After the appraiser has completed his work, a review appraiser will examine the appraisal report to assure that the estimate is fair and the work conforms to professional appraisal standards.


Exhibit 8K (2013) Community Development Block Grant

The Agency must offer you "just compensation" for your property. This amount cannot be less than the appraised fair market value of the property. "Just compensation" for your property does not take into account your relocation needs. If you are eligible for relocation assistance, it will be additional.

What Is Fair Market Value?

Fair market value is sometimes defined as that amount of money, which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas a different term or definition may be used.

The fair market value of a property is generally considered to be "just compensation." Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or for the Agency.

How Does An Appraiser Determine The Fair Market Value Of My Property?

Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are:

� How it compares with similar properties in the area that have been sold recently.� How much rental income it could produce.� How much it would cost to reproduce the buildings and other structures, less any

depreciation.

Will I Have A Chance To Talk To The Appraiser?

Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property. You may then inform the appraiser of any special features, which you believe, may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you.

How Soon Will I Receive A Written Purchase Offer?

Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible to make a written purchase offer within 45 to 60 days of the date an appraiser is selected to appraise the property.

Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a "summary statement," explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement.

What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation?

The summary statement of the basis for the offer of just compensation will include:




� An accurate description of the property and the interest in the property to be acquired.

� A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.)

� A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant-owned improvement), it will be so identified.)

Must I Accept The Agency's Offer?

No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the offer price will be increased.

May Someone Represent Me During Negotiations?

Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency. However, the URA does not require the Agency to pay the costs of such representation.

If I Reach Agreement With The Agency, How Soon Will I Be Paid?

If you reach a satisfactory agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.)

What Happens If I Don't Agree To The Agency's Purchase Offer?

If you are unable to reach an agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay.

An Agency may also decide not to buy your property, if it cannot reach agreement on a price, and find another property to buy instead.

What Happens After The Agency Condemns My Property?

You will be notified of the action. Condemnation procedures vary, and the Agency will explain the procedures which apply in your case.



Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.

During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law.

To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner.

What Can I Do If I Am Not Satisfied With The Court's Determination?

If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. If you are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high.

Will I Have To Pay Any Closing Costs?

You will be responsible for the payment of the balance on any mortgage and other liens on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Agency is responsible for all reasonable and necessary costs for:

� Typical legal and other services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency.

� Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith.

� Real property taxes covering the period beginning on the date the Agency acquires your property.

Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid--usually at the time of closing. If you later discover other costs for which you should be repaid, you should request

repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency.

May I Keep Any Of The Buildings Or Other Improvements On My Property?

Very often, many or all of the improvements on the property are not required by the Agency.




This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible.

If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location.

Can The Agency Take Only A Part Of My Property?

Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you.

Occasionally, a public project will increase the value of the part which is not acquired by the Agency. Under some eminent domain laws, the amount of such increase in value is deducted from the purchase payment the owner would otherwise receive.

Will I Have To Pay Rent To The Agency After My Property Is Acquired?

If you remain on the property after the acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of comparable properties in the area.

How Soon Must I Move?

If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice.

If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share.

If you are being displaced from your home, you will not be required to move before a comparable replacement home is available to you.

Will I Receive Relocation Assistance?

Title II of the URA requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of a project that is covered by the URA.

The Agency will furnish you a full explanation of any relocation assistance to which you maybe entitled. If you have any questions about such assistance, please contact the Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency



informed of your plans.

My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase?

Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office.

I'm A Veteran. How About My VA Loan?

After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office.

Is It Possible To Donate Property?

Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations.

Additional Information

If you have any questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative.

Agency:

Address:

Office Hours:

Telephone Number:

Person to Contact:

Exhibit 8L (2013) – Just Compensation Letter

Grant Management Handbook (2013) Exhibit 8L

JUST COMPENSATION – WRITTEN OFFER TO PURCHASE

Date

NameAddressAddress

RE: JUST COMPENSATION – WRITTEN OFFER TO PURCHASEProperty Located at:_______________________________________Community Development Block Grant, Project No:________________

Dear______________:

The (City/County) has approved the completion of, (describe project). To accomplish this project, it will be necessary to acquire your property located at (provide address or other legal description).

As you were informed at an earlier date, the property was appraised on (provide date). The appraisers report has been analyzed and reviewed by a second appraiser. Based upon the appraisal and review appraisal, the (City/County) makes you a firm offer of $__________ for the purchase of the above referenced property.

We feel the above offer is equitable and we will be contacting you regarding your consideration of this offer.

*[This amount is compensation for your property and DOES NOT INCLUDE moving and relocation benefits. Therefore, a representative of the (City/County) will be contacting (you/tenant) shortly to determine eligibility and inform (you/them) of possible moving and relocation entitlements.]

Thank you for your consideration and cooperation in this matter and we hope you willrespond favorably to our Fair Market Value offer. If you have any question, please feel free to call.

Sincerely,

Name(Mayor/County Commissioner)

*[] Omit if property unoccupied by tenant or owner and no displacement will occur.

Exhibit 8M (2013) – Sample Notice to Tenants

Grant Management Handbook (2013) Exhibit 8M

SAMPLE NOTICE TO TENANTS

This is an example notice that must be provided to all residential tenants of rehabilitated buildings as part of a CDBG project.

The notice must be delivered to the tenants as soon as feasible after the date the city/county applies for CDBG funds to rehabilitate the building.

If the recipient does not provide this notice, and other required notices described in HUD Handbook 1378, as amended, tenants will be considered “displaced” under federal rules and may be entitled to relocation benefits.

This notice is only for residential tenants who will not have to move permanently as a result of the project. Other types of tenants require a different letter. Use Handbook 1378 and the department’s Regional Coordinator to assist you in selecting the proper notices in these situations._______________________________________________________________________

Date

NameAddressAddress

Dear_____________________:

On (date) the (city/county) submitted an application on behalf of the (name building owner) for financial assistance to (acquire/rehabilitate/convert) the building which you occupy at (address).

This notice is to inform you that, if the assistance is provided and the building is (acquired/rehabilitated/converted) you will not be displaced. Therefore, we urge you not to move anywhere at this time. If you do elect to move for reasons of your choice, you will not be provided with relocation assistance.

If the application is approved, the (city/county) will provide federal funds for the project from the Community Development Block Grant program. You will be able to (lease/rent) your present unit (or another suitable, decent, safe and sanitary unit in the same building) upon completion of the project. Of course, you must comply with the standard terms and conditions of the lease or rental agreement.

After the project is completed, your initial rent, including the estimated monthly utility costs, will not exceed the greater of (a) your current rent/average utility costs, or (b) 30 percent of your average monthly gross household income. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to

Exhibit 8M (2013) – Sample Notice to Tenants

Exhibit 8M (2013) Community Development Block Grant

you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and increase in housing costs.

Again, we urge you not to move. If the project is approved, you can be sure that the (City/County) will make every effort to accommodate your needs. Because federal assistance would be involved, you would be protected by the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

Legislative changes prevent persons who are aliens not lawfully present in the United States from receiving relocation benefits, including temporary relocation benefits. Such aliens are not eligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. The exceptions are explained in the regulations. A copy is enclosed. All persons seeking relocation assistance must certify, as a condition of assistance, that they are all citizens or nationals of the United States, or an alien lawfully present in the country. For families the certification may be made by the head of the household for all family members.

This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name. title and phone number).

Sincerely,

Name(Mayor/County Commissioner)

NOTE: The city/county grant recipient must maintain a file record showing the manner in which this notice was delivered, and the date of delivery.

Exhibit 8N (2013) - GIN Non-Displaced Residential Tenant

Grant Management Handbook (2013) Exhibit 8N

General Information Notice---Non-DisplacementResidential Tenant

LETTERHEAD

(Date)

Dear ______________:

On (date)_____, ___(property owner)___ submitted an application to the __(Grantee)for financial assistance to acquire /rehabilitate the building, which you occupy at ___(property address) .

This notice is to inform you that if the assistance is provided and the building is rehabilitated, you will not be displaced. Therefore, we urge you not to move anywhere at this time. (If you do elect to move for reasons of your choice, you will not be provided relocation assistance.)

If the application is approved and Federal assistance is provided for the rehabilitation, you will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in the same building) upon completion of the rehabilitation. Of course you must comply with standard lease terms and conditions.

Again, we urge you not move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance would be involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, provided you are a citizen, a natural, or an alien lawfully in this county.

Legislative changes prevent persons who are aliens not lawfully present in the United States from receiving relocation benefits, including temporary relocation benefits. Such aliens are not eligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. The exceptions are explained in the regulations. A copy is enclosed. All persons seeking relocation assistance must certify, as a condition of assistance, that they are all citizens or nationals of the United States, or an alien lawfully present in the country. For families the certification may be made by the head of the household for all familymembers.

This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name)____,___(title) at __ (phone) , (address) .

Sincerely,

(Name and Title)

Enclosures (If the relocation brochure is enclosed, and the regulations)

Exhibit 8O (2013) GIN Displaced Residential Tenant

Grant Management Handbook (2013) Exhibit 8O

General Information Notice---DisplacementResidential Tenant

LETTERHEAD

(Date)

Dear ______________:

On (date)_____, ___(property owner)___ submitted an application to the __(Grantee)for financial assistance to acquire the building, which you occupy at ___(property______ address). This notice is to inform you of your rights under Federal law. If the __(grantee)___ is funded and acquires the property and you are displaced for the project, you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. However, do not move now. This is not a notice to vacate the premises. You should continue to pay your monthly rent to your landlord, because a failure to pay rent and meet your other obligations as a tenant may be cause for eviction and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a new unit before receiving formal written notice of your eligibility for relocation assistance. If you move or are evicted before receiving such notice, you may not receive any assistance. Please contact us before you make any moving plans.

If the ___(grantee)___ acquires the property and your are eligible for relocationassistance, you will be given advisory services, including referrals to replacement housing, and at least 90 days advance written notice of the date you will be required to move. You would also receive a payment for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement house. This assistance is more fully explained in the enclosed brochure, “Relocation Assistance to Tenants Displaced from Their Homes.”

Legislative changes prevent persons who are aliens not lawfully present in the United States from receiving relocation benefits. Such aliens are not eligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. The exceptions are explained in the regulations. A copy is enclosed. All persons seeking relocation assistance must certify, as a condition of assistance, that they are all citizens or nationals of the United States, or an alien lawfully present in the country. For families the certification may be made by the head of the household for all family members.

The ___(grantee)___ is required to have an appeal process. You have the right to appeal the determination as to your eligibility for assistance, should the project proceed. You may contact the individual identified on the enclosed brochure for additional information.

If for any reason any other persons move into this unit with you after this notice, your assistance may be reduced. If you have any questions, please contact ____(name)_____ , ____(title)___, at ___ (phone)___, _____(address)_____ .


Exhibit 8O (2013) Community Development Block Grant

Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the ____(grantee)____ decides not to purchase the property, you will be notified in writing.

Sincerely,

(Name and Title)

Enclosures


Grant Management Handbook (2013) Exhibit 8O

______________________________________________________________________________________________Certification of Eligibility for Relocation Payments and Services

Certification of legal residency in the United States (Please read instructions below before completing section.)

Instructions: To qualify for relocation advisory services or relocation payments authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, a “displaced person” must be a United States citizen or national, or an alien lawfully present in the United States. The certification below must be completed in order to receive any benefits. (This certification may not have any standing with regard to applicable State laws providing relocation benefits.) Your signature/signatures on this claim form constitutes/constitute certification.The individual(s) listed below occupy/occupies the dwelling at ___________________________________________.

_______________________________ _______________________________ _______________________________ ______________________________________________________________ _______________________________ _______________________________ ______________________________________________________________ _______________________________ _______________________________ _______________________________

I _____________________________, as head of household, hereby certify that all individuals are either United States citizens or nationals, or are aliens lawfully present in the United States.

For unrelated individuals, each individual by affixing their signature below certifies that they are either a United States citizen or national, or an alien lawfully in the United States.

____________________________ ______________________________ _____________________________(Signature and Date) (Signature and Date) (Signature and Date)

____________________________ ______________________________ _____________________________(Signature and Date) (Signature and Date) (Signature and Date)

Pro

tec

t

Yo

ur

Fa

mil

y

Fro

m

Le

ad

in

Yo

ur

Ho

me U

nite

d St

ates

En

viro

nmen

tal

Prot

ectio

n Ag

ency

Uni

ted

Stat

es

Cons

umer

Pro

duct

Sa

fety

Com

mis

sion

Uni

ted

Stat

es

Dep

artm

ent o

f Hou

sing

an

d U

rban

Dev

elop

men

t

Dec

embe

r 201

2

IMP

OR

TA

NT

!L

ea

d F

rom

Pa

int,

Du

st,

an

d S

oil

in

an

d

Aro

un

d Y

ou

r H

om

e C

an

Be

Da

ng

ero

us

if

No

t M

an

ag

ed

Pro

pe

rly

Child

ren

unde

r 6 y

ears

old

are

mos

t at r

isk

for l

ead

pois

onin

g in

you

r hom

e.

Lead

exp

osur

e ca

n ha

rm y

oung

chi

ldre

n, b

abie

s, an

d fe

tuse

s ev

en b

efor

e th

ey a

re b

orn.

Hom

es, s

choo

ls, a

nd c

hild

car

e fa

cilit

ies

built

bef

ore

1978

ar

e lik

ely

to c

onta

in le

ad-b

ased

pai

nt.

Even

chi

ldre

n w

ho s

eem

hea

lthy

may

hav

e da

nger

ous

leve

ls o

f lea

d in

thei

r bod

ies.

Dis

turb

ing

surf

aces

with

lead

-bas

ed p

aint

or r

emov

ing

lead

-bas

ed p

aint

impr

oper

ly c

an in

crea

se th

e da

nger

to

your

fam

ily.

Peop

le c

an g

et le

ad in

to th

eir b

odie

s by

bre

athi

ng o

r sw

allo

win

g le

ad d

ust,

or b

y ea

ting

soil

or p

aint

chi

ps

cont

aini

ng le

ad.

Peop

le h

ave

man

y op

tions

for r

educ

ing

lead

haz

ards

. G

ener

ally

, lea

d-ba

sed

pain

t tha

t is

in g

ood

cond

ition

is n

ot

a ha

zard

(see

pag

e 10

).

Are

Yo

u P

lan

nin

g t

o B

uy

or

Re

nt

a H

om

e B

uil

t

Be

fore

19

78

?

Did

you

kno

w th

at m

any

hom

es b

uilt

befo

re 1

978

have

lea

d-b

ase

d

pa

int?

Lea

d fr

om p

aint

, chi

ps, a

nd d

ust c

an p

ose

serio

us h

ealth

ha

zard

s.

Re

ad

th

is e

nti

re b

roc

hu

re t

o l

ea

rn:

How

lead

get

s in

to th

e bo

dyA

bout

hea

lth e

ffect

s of

lead

Wha

t you

can

do

to p

rote

ct y

our f

amily

Whe

re to

go

for m

ore

info

rmat

ion

Be

fore

re

nti

ng

or

bu

yin

g a

pre

-19

78

ho

me

or

ap

art

me

nt,

fe

de

ral

law

re

qu

ire

s:

Selle

rs m

ust d

iscl

ose

know

n in

form

atio

n on

lead

-bas

ed p

aint

or l

ead-

base

d pa

int h

azar

ds b

efor

e se

lling

a h

ouse

.Re

al e

stat

e sa

les

cont

ract

s m

ust i

nclu

de a

spe

cific

war

ning

sta

tem

ent

abou

t lea

d-ba

sed

pain

t. Bu

yers

hav

e up

to 10

days

to c

heck

for l

ead.

Land

lord

s m

ust d

iscl

ose

know

n in

form

atio

n on

lead

-bas

ed p

aint

an

d le

ad-b

ased

pai

nt h

azar

ds b

efor

e le

ases

take

effe

ct. L

ease

s m

ust

incl

ude

a sp

ecifi

c w

arni

ng s

tate

men

t abo

ut le

ad-b

ased

pai

nt.

If u

nd

ert

ak

ing

re

no

va

tio

ns,

re

pa

irs,

or

pa

inti

ng

(R

RP

) p

roje

cts

in

y

ou

r p

re-1

97

8 h

om

e o

r a

pa

rtm

en

t:

Read

EPA

’s pa

mph

let,

The

Lead

-Saf

e Ce

rtifi

ed G

uide

to R

enov

ate

Righ

t, to

lear

n ab

out t

he le

ad-s

afe

wor

k pr

actic

es th

at c

ontr

acto

rs a

re

requ

ired

to fo

llow

whe

n w

orki

ng in

you

r hom

e (s

ee p

age

12).

Sim

ple

Ste

ps

to P

rote

ct

Yo

ur

Fa

mil

y

fro

m L

ea

d H

az

ard

s

If y

ou

th

ink

yo

ur

ho

me

ha

s le

ad

-ba

sed

pa

int:

Don

’t tr

y to

rem

ove

lead

-bas

ed p

aint

you

rsel

f.

Alw

ays

keep

pai

nted

sur

face

s in

goo

d co

nditi

on to

min

imiz

e de

terio

ratio

n.

Get

you

r hom

e ch

ecke

d fo

r lea

d ha

zard

s. Fi

nd a

cer

tified

in

spec

tor o

r ris

k as

sess

or a

t epa

.gov

/lead

.

Talk

to y

our l

andl

ord

abou

t fixi

ng s

urfa

ces

with

pee

ling

or

chip

ping

pai

nt.

Regu

larly

cle

an fl

oors

, win

dow

sill

s, an

d ot

her s

urfa

ces.

Take

pre

caut

ions

to a

void

exp

osur

e to

lead

dus

t whe

n re

mod

elin

g.

Whe

n re

nova

ting,

repa

iring

, or p

aint

ing,

hire

onl

y EP

A- o

r sta

te-

appr

oved

Lea

d-Sa

fe c

ertifi

ed re

nova

tion

firm

s.

Befo

re b

uyin

g, re

ntin

g, o

r ren

ovat

ing

your

hom

e ha

ve it

ch

ecke

d fo

r lea

d-ba

sed

pain

t.

Cons

ult y

our h

ealth

car

e pr

ovid

er a

bout

test

ing

your

chi

ldre

n fo

r lea

d. Y

our p

edia

tric

ian

can

chec

k fo

r lea

d w

ith a

sim

ple

bloo

d te

st.

Was

h ch

ildre

n’s

hand

s, bo

ttle

s, pa

cifie

rs, a

nd to

ys o

ften

.

Mak

e su

re c

hild

ren

eat h

ealth

y, lo

w-fa

t foo

ds h

igh

in ir

on,

calc

ium

, and

vita

min

C.

Rem

ove

shoe

s or

wip

e so

il off

sho

es b

efor

e en

terin

g yo

ur

hous

e.

1

Co

nsu

me

r P

rod

uc

t S

afe

ty C

om

mis

sio

n (

CP

SC

)

The

CPSC

pro

tect

s th

e pu

blic

aga

inst

unr

easo

nabl

e ris

k of

inju

ry

from

con

sum

er p

rodu

cts

thro

ugh

educ

atio

n, s

afet

y st

anda

rds

activ

ities

, and

enf

orce

men

t. Co

ntac

t CPS

C fo

r fur

ther

info

rmat

ion

rega

rdin

g co

nsum

er p

rodu

ct s

afet

y an

d re

gula

tions

.

CP

SC

43

30 E

ast W

est H

ighw

ay

Beth

esda

, MD

208

14-4

421

1-80

0-63

8-27

72

cpsc

.gov

or s

afer

prod

ucts

.gov

U.

S.

De

pa

rtm

en

t o

f H

ou

sin

g a

nd

Urb

an

D

ev

elo

pm

en

t (H

UD

)

This

doc

umen

t is

in th

e pu

blic

dom

ain.

It m

ay b

e pr

oduc

ed b

y an

indi

vidu

al o

r org

aniz

atio

n w

ithou

t pe

rmis

sion

. Inf

orm

atio

n pr

ovid

ed in

this

boo

klet

is b

ased

upo

n cu

rren

t sci

entifi

c an

d te

chni

cal

unde

rsta

ndin

g of

the

issu

es p

rese

nted

and

is re

flect

ive

of th

e ju

risdi

ctio

nal b

ound

arie

s es

tabl

ishe

d by

th

e st

atue

s go

vern

ing

the

co-a

utho

ring

agen

cies

. Fol

low

ing

the

advi

ce g

iven

will

not

nec

essa

rily

pr

ovid

e co

mpl

ete

prot

ectio

n in

all

situ

atio

ns o

r aga

inst

all

heal

th h

azar

ds th

at c

an b

e ca

used

by

lead

e

xpos

ure.

EPA

-747

-K-12-00

1 U

. S. E

PA W

ashi

ngto

n D

C 20

460

U

. S. C

PSC

Beth

esda

MD

208

14

U. S

. HU

D W

ashi

ngto

n D

C 20

410

HU

D’s

mis

sion

is to

cre

ate

stro

ng, s

usta

inab

le, i

nclu

sive

co

mm

uniti

es a

nd q

ualit

y aff

orda

ble

hom

es fo

r all.

Con

tact

HU

D’s

Offi

ce o

f Hea

lthy

Hom

es a

nd L

ead

Haz

ard

Cont

rol f

or fu

rthe

r in

form

atio

n re

gard

ing

the

Lead

Saf

e H

ousi

ng R

ule

whi

ch p

rote

cts

fam

ilies

in p

re-1

978

assi

sted

hou

sing

and

the

lead

haz

ard

cont

rol

and

rese

arch

gra

nt p

rogr

ams.

HU

D

451

Seve

nth

Stre

et, S

W, R

oom

823

6 W

ashi

ngto

n, D

C 20

410-30

00

(202

) 402

-769

8 hu

d.go

v/offi

ces/

lead

/

Dec

embe

r 201

2

16

Le

ad

Ge

ts i

nto

th

e B

od

y i

n M

an

y W

ay

s

Ad

ult

s a

nd

ch

ild

ren

ca

n g

et

lea

d i

nto

th

eir

bo

die

s if

th

ey

:

Brea

the

in le

ad d

ust (

espe

cial

ly d

urin

g ac

tiviti

es s

uch

as re

nova

tions

, re

pairs

, or p

aint

ing

that

dis

turb

pai

nted

sur

face

s).

Swal

low

lead

dus

t tha

t has

set

tled

on fo

od, f

ood

prep

arat

ion

surf

aces

, an

d ot

her p

lace

s.

Eat p

aint

chi

ps o

r soi

l tha

t con

tain

s le

ad.

Le

ad

is

esp

ec

iall

y d

an

ge

rou

s to

ch

ild

ren

un

de

r th

e a

ge

of

6.

At t

his

age,

chi

ldre

n’s

brai

ns

and

nerv

ous

syst

ems

are

mor

e se

nsiti

ve to

the

dam

agin

g eff

ects

of l

ead.

Child

ren’

s gr

owin

g bo

dies

ab

sorb

mor

e le

ad.

Babi

es a

nd y

oung

chi

ldre

n of

ten

put t

heir

hand

s an

d ot

her o

bjec

ts in

thei

r m

outh

s. Th

ese

obje

cts

can

have

lead

dus

t on

them

.

Wo

me

n o

f c

hil

db

ea

rin

g a

ge

sh

ou

ld k

no

w t

ha

t le

ad

is

da

ng

ero

us

to

a d

ev

elo

pin

g f

etu

s.

Wom

en w

ith a

hig

h le

ad le

vel i

n th

eir s

yste

m b

efor

e or

dur

ing

preg

nanc

y ris

k ex

posi

ng th

e fe

tus

to le

ad th

roug

h th

e pl

acen

ta

durin

g fe

tal d

evel

opm

ent.

2

U.

S.

En

vir

on

me

nta

l P

rote

cti

on

Ag

en

cy

(E

PA

)

Re

gio

na

l O

ffice

s

The

mis

sion

of E

PA is

to p

rote

ct h

uman

hea

lth a

nd th

e en

viro

nmen

t. Yo

ur R

egio

nal E

PA O

ffice

can

pro

vide

furt

her i

nfor

mat

ion

rega

rdin

g re

gula

tions

and

lead

pro

tect

ion

prog

ram

s.

Re

gio

n 1

(Con

nect

icut

, Mas

sach

uset

ts, M

aine

, N

ew H

amps

hire

, Rho

de Is

land

, Ver

mon

t)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 1

Su

ite 1

100

(CPT

) One

Con

gres

s St

reet

Bo

ston

, MA

021

14-202

3 (6

17) 9

18-1

524

Re

gio

n 2

(New

Jers

ey, N

ew Y

ork,

Pue

rto

Rico

, Vi

rgin

Isla

nds)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 2

2890

Woo

dbrid

ge A

venu

e Bu

ildin

g 20

5, M

ail S

top 22

5 Ed

ison

, NJ 0

8837

-367

9 (732

) 321

-667

1

Re

gio

n 3

(Del

awar

e, M

aryl

and,

Pen

nsyl

vani

a,

Virg

inia

, DC,

Wes

t Virg

inia

)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 3

1650

Arc

h St

reet

Ph

ilade

lphi

a, P

A 1

9103

(2

15) 8

14-208

8

Re

gio

n 4

(Ala

bam

a, F

lorid

a, G

eorg

ia,

Kent

ucky

, Mis

siss

ippi

, Nor

th C

arol

ina,

Sou

th

Caro

lina,

Tenn

esse

e)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 4

AFC

Tow

er, 12t

h Fl

oor,

Air,

Pes

ticid

es &

Toxi

cs

61 F

orsy

th S

tree

t, SW

A

tlant

a, G

A 303

03

(404

) 562

-899

8

Re

gio

n 5

(Illi

nois

, Ind

iana

, Mic

higa

n,

Min

neso

ta, O

hio,

Wis

cons

in)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 5

(DT-

8J)

77 W

est J

acks

on B

oule

vard

Chic

ago,

IL 606

04-3

666

(312

) 886

-783

6

Re

gio

n 6

(Ark

ansa

s, Lo

uisi

ana,

New

Mex

ico,

O

klah

oma,

Texa

s, an

d 66

Trib

es)

Regi

onal

Lea

d Co

ntac

t 14

45 R

oss

Aven

ue, 12t

h Fl

oor

Dal

las,

TX 7

5202

-273

3 (2

14) 6

65-2

704

Re

gio

n 7

(Iow

a, K

ansa

s, M

isso

uri,

Neb

rask

a)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 7

1120

1 Re

nner

Blv

d.

WW

PD/T

OPE

Le

nexa

, KS

6621

9 (800

) 223

-042

5

Re

gio

n 8

(Col

orad

o, M

onta

na, N

orth

D

akot

a, S

outh

Dak

ota,

Uta

h, W

yom

ing)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 8

1595

Wyn

koop

St.

Den

ver,

CO 802

02

(303

) 312

-696

6

Re

gio

n 9

(Ariz

ona,

Cal

iforn

ia, H

awai

i, N

evad

a)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 9

(CM

D-4

-2)

75 H

awth

orne

Str

eet

San

Fran

cisc

o, C

A 9

4105

(4

15) 9

47-428

0

Re

gio

n 1

0 (A

lask

a, Id

aho,

Ore

gon,

W

ashi

ngto

n)

Regi

onal

Lea

d Co

ntac

t U

.S. E

PA R

egio

n 10

So

lid W

aste

& To

xics

Uni

t (W

CM-128

) 12

00 S

ixth

Ave

nue,

Sui

te 900

Se

attle

, WA

981

01

(206

) 553

-120

0

15

Fo

r M

ore

In

form

ati

on

Th

e N

ati

on

al

Le

ad

In

form

ati

on

Ce

nte

r

Lear

n ho

w to

pro

tect

chi

ldre

n fr

om le

ad p

oiso

ning

and

get

oth

er

info

rmat

ion

abou

t lea

d ha

zard

s on

the

Web

at e

pa.g

ov/le

ad a

nd

hud.

gov/

lead

, or c

all 1

-80

0-4

24

-LE

AD

(5

32

3).

EP

A’s

Sa

fe D

rin

kin

g W

ate

r H

otl

ine

Fo

r inf

orm

atio

n ab

out l

ead

in d

rinki

ng w

ater

, cal

l 1-8

00

-42

6-4

79

1, o

r vi

sit e

pa.g

ov/le

ad fo

r inf

orm

atio

n ab

out l

ead

in d

rinki

ng w

ater

.

Co

nsu

me

r P

rod

uc

t S

afe

ty C

om

mis

sio

n (

CP

SC

) H

otl

ine

Fo

r inf

orm

atio

n on

lead

in to

ys a

nd o

ther

con

sum

er p

rodu

cts,

or to

re

port

an

unsa

fe c

onsu

mer

pro

duct

or a

pro

duct

-rel

ated

inju

ry, c

all

1-8

00

-63

8-2

77

2, o

r vis

it CP

SC’s

web

site

at c

psc.

gov

or

safe

rpro

duct

s.gov

.

Sta

te a

nd

Lo

ca

l H

ea

lth

an

d E

nv

iro

nm

en

tal

Ag

en

cie

s So

me

stat

es, t

ribes

, and

citi

es h

ave

thei

r ow

n ru

les

rela

ted

to le

ad-

base

d pa

int.

Chec

k w

ith y

our l

ocal

age

ncy

to s

ee w

hich

law

s ap

ply

to y

ou. M

ost a

genc

ies

can

also

pro

vide

info

rmat

ion

on fi

ndin

g a

lead

ab

atem

ent fi

rm in

you

r are

a, a

nd o

n po

ssib

le s

ourc

es o

f fina

ncia

l aid

fo

r red

ucin

g le

ad h

azar

ds. R

ecei

ve u

p-to

-dat

e ad

dres

s an

d ph

one

info

rmat

ion

for y

our s

tate

or l

ocal

con

tact

s on

the

Web

at e

pa.g

ov/le

ad,

or c

onta

ct th

e N

atio

nal L

ead

Info

rmat

ion

Cent

er a

t 1-8

00

-42

4-L

EA

D.

14

Hea

ring-

or s

peec

h-ch

alle

nged

indi

vidu

als

may

acc

ess

any

of th

e ph

one

num

bers

in th

is b

roch

ure

thro

ugh

TTY

by c

allin

g th

e to

ll-fr

ee F

eder

al R

elay

Ser

vice

at 1

-80

0-8

77

-83

39

.

He

alt

h E

ffe

cts

of

Le

ad

Le

ad

aff

ec

ts t

he

bo

dy

in

ma

ny

wa

ys.

It i

s im

port

ant t

o kn

ow th

at

even

exp

osur

e to

low

leve

ls o

f lea

d ca

n se

vere

ly h

arm

chi

ldre

n.

In c

hil

dre

n,

ex

po

sure

to

le

ad

ca

n c

au

se:

Ner

vous

sys

tem

and

kid

ney

dam

age

Lear

ning

dis

abili

ties,

atte

ntio

n de

ficit

di

sord

er, a

nd d

ecre

ased

inte

llige

nce

Spee

ch, l

angu

age,

and

beh

avio

r pr

oble

ms

Poor

mus

cle

coor

dina

tion

Dec

reas

ed m

uscl

e an

d bo

ne g

row

th

Hea

ring

dam

age

Whi

le lo

w-le

ad e

xpos

ure

is m

ost c

omm

on,

expo

sure

to h

igh

amou

nts

of le

ad c

an h

ave

de

vast

atin

g eff

ects

on

child

ren,

incl

udin

g

seiz

ures

, unc

onsc

ious

ness

, and

, in

som

e ca

ses,

deat

h.

Alth

ough

chi

ldre

n ar

e es

peci

ally

sus

cept

ible

to le

ad e

xpos

ure,

lead

can

be

dan

gero

us fo

r adu

lts, t

oo.

In a

du

lts,

ex

po

sure

to

le

ad

ca

n c

au

se:

Har

m to

a d

evel

opin

g fe

tus

Incr

ease

d ch

ance

of h

igh

bloo

d pr

essu

re d

urin

g pr

egna

ncy

Fert

ility

pro

blem

s (in

men

and

wom

en)

Hig

h bl

ood

pres

sure

Dig

estiv

e pr

oble

ms

Ner

ve d

isor

ders

Mem

ory

and

conc

entr

atio

n pr

oble

ms

Mus

cle

and

join

t pai

n3

Ch

ec

k Y

ou

r F

am

ily

fo

r L

ea

d

Ge

t y

ou

r c

hil

dre

n a

nd

ho

me

te

ste

d i

f y

ou

th

ink

yo

ur

ho

me

ha

s le

ad

.

Child

ren’

s bl

ood

lead

leve

ls te

nd to

incr

ease

rapi

dly

from

6 to

12

mon

ths

of a

ge, a

nd te

nd to

pea

k at

18

to 2

4 m

onth

s of

age

.

Cons

ult y

our d

octo

r for

adv

ice

on te

stin

g yo

ur c

hild

ren.

A s

impl

e bl

ood

test

can

det

ect l

ead.

Blo

od le

ad te

sts

are

usua

lly re

com

men

ded

for:

Child

ren

at a

ges

1 an

d 2

Child

ren

or o

ther

fam

ily m

embe

rs w

ho h

ave

been

exp

osed

to h

igh

leve

ls o

f lea

d

Child

ren

who

sho

uld

be te

sted

und

er y

our s

tate

or l

ocal

hea

lth

scre

enin

g pl

an

Yo

ur

do

cto

r c

an

ex

pla

in w

ha

t th

e t

est

re

sult

s m

ea

n a

nd

if

mo

re

test

ing

wil

l b

e n

ee

de

d.

4

Oth

er

So

urc

es

of

Le

ad

Wh

ile

pa

int,

du

st,

an

d s

oil

are

th

e m

ost

co

mm

on

so

urc

es

of

lea

d,

oth

er

lea

d s

ou

rce

s a

lso

ex

ist:

Dri

nk

ing

wa

ter.

You

r hom

e m

ight

hav

e pl

umbi

ng w

ith le

ad o

r lea

d so

lder

. You

can

not s

ee, s

mel

l, or

tast

e le

ad, a

nd b

oilin

g yo

ur w

ater

will

no

t get

rid

of le

ad. I

f you

thin

k yo

ur p

lum

bing

mig

ht c

onta

in le

ad:

Use

onl

y co

ld w

ater

for d

rinki

ng a

nd c

ooki

ng.

Run

wat

er fo

r 15

to 30

seco

nds

befo

re d

rinki

ng it

, esp

ecia

lly if

yo

u ha

ve n

ot u

sed

your

wat

er fo

r a fe

w h

ours

.

Call

your

loca

l hea

lth d

epar

tmen

t or w

ater

sup

plie

r to

find

out

abou

t tes

ting

your

wat

er, o

r vis

it ep

a.go

v/le

ad fo

r EPA

’s le

ad in

dr

inki

ng w

ater

info

rmat

ion.

Le

ad

sm

elt

ers

or o

ther

indu

strie

s th

at re

leas

e le

ad in

to th

e ai

r.

Yo

ur

job

. If y

ou w

ork

with

lead

, you

cou

ld b

ring

it ho

me

on y

our b

ody

or c

loth

es. S

how

er a

nd c

hang

e cl

othe

s be

fore

com

ing

hom

e. L

aund

er

your

wor

k cl

othe

s se

para

tely

from

the

rest

of y

our f

amily

’s cl

othe

s.

Ho

bb

ies

that

use

lead

, suc

h as

mak

ing

pott

ery

or s

tain

ed g

lass

, or

refin

ishi

ng fu

rnitu

re. C

all y

our l

ocal

hea

lth d

epar

tmen

t for

in

form

atio

n ab

out h

obbi

es th

at m

ay u

se le

ad.

Old

toy

s an

d fu

rnit

ure

may

hav

e be

en p

aint

ed w

ith le

ad-c

onta

inin

g pa

int.

Old

er to

ys a

nd o

ther

chi

ldre

n’s

prod

ucts

may

hav

e pa

rts

that

co

ntai

n le

ad.4

Food

and

liqu

ids

cook

ed o

r sto

red

in l

ea

d c

ryst

al o

r le

ad

-gla

ze

d

po

tte

ry o

r p

orc

ela

in m

ay c

onta

in le

ad.

Folk

rem

edie

s, su

ch a

s “g

reta

” a

nd “

az

arc

on

,” u

sed

to tr

eat a

n up

set

stom

ach.

4 In

1978

, the

fede

ral g

over

nmen

t ban

ned

toys

, oth

er c

hild

ren’

s pr

oduc

ts, a

nd fu

rnitu

re

with

lead

-con

tain

ing

pain

t (16

CFR

130

3). I

n 20

08, t

he fe

dera

l gov

ernm

ent b

anne

d le

ad in

mos

t chi

ldre

n’s

prod

ucts

. The

fede

ral g

over

nmen

t cur

rent

ly b

ans

lead

in

exce

ss o

f 100

ppm

by

wei

ght i

n m

ost c

hild

ren’

s pr

oduc

ts (7

6 FR

444

63).

13

12

Re

no

va

tin

g,

Re

mo

de

lin

g,

or

Re

pa

irin

g (

RR

P)

a H

om

e

wit

h L

ea

d-B

ase

d P

ain

t

If y

ou

hir

e a

co

ntr

ac

tor

to c

on

du

ct

ren

ov

ati

on

, re

pa

ir,

or

pa

inti

ng

(R

RP

) p

roje

cts

in

yo

ur

pre

-19

78

ho

me

or

ch

ild

ca

re f

ac

ilit

y (

suc

h a

s p

re-s

ch

oo

l a

nd

kin

de

rga

rte

n),

yo

ur

con

tra

cto

r m

ust

:

Be a

Lea

d-Sa

fe C

ertifi

ed fi

rm a

ppro

ved

by E

PA o

r an

EPA

-aut

horiz

ed s

tate

pro

gram

Use

qua

lified

trai

ned

indi

vidu

als

(Lea

d-Sa

fe

Cert

ified

reno

vato

rs) w

ho fo

llow

spe

cific

lead

-saf

e w

ork

prac

tices

to p

reve

nt le

ad c

onta

min

atio

n

Pro

vide

a c

opy

of E

PA’s

lead

haz

ard

info

rmat

ion

docu

men

t, Th

e Le

ad-S

afe

Cert

ified

Gui

de to

Re

nova

te R

ight

RR

P c

on

tra

cto

rs w

ork

ing

in

pre

-19

78

ho

me

s a

nd

ch

ild

ca

re f

ac

ilit

ies

mu

st f

oll

ow

le

ad

-sa

fe w

ork

pra

cti

ces

tha

t:

Co

nta

in t

he

wo

rk a

rea

. The

are

a m

ust b

e co

ntai

ned

so th

at d

ust a

nd

debr

is d

o no

t esc

ape

from

the

wor

k ar

ea. W

arni

ng s

igns

mus

t be

put

up, a

nd p

last

ic o

r oth

er im

perm

eabl

e m

ater

ial a

nd ta

pe m

ust b

e us

ed.

Av

oid

re

no

va

tio

n m

eth

od

s th

at

ge

ne

rate

la

rge

am

ou

nts

of

lea

d-c

on

tam

ina

ted

du

st. S

ome

met

hods

gen

erat

e so

muc

h le

ad-

cont

amin

ated

dus

t tha

t the

ir us

e is

pro

hibi

ted.

The

y ar

e:

Ope

n-fla

me

burn

ing

or to

rchi

ng

Sand

ing,

grin

ding

, pla

ning

, nee

dle

gunn

ing,

or b

last

ing

with

pow

er to

ols

and

equi

pmen

t not

equ

ippe

d w

ith a

shr

oud

and

HEP

A v

acuu

m a

ttac

hmen

t and

Usi

ng a

hea

t gun

at t

empe

ratu

res

grea

ter t

han

1100

°F

Cle

an

up

th

oro

ug

hly

. Th

e w

ork

area

sho

uld

be c

lean

ed u

p da

ily.

Whe

n al

l the

wor

k is

don

e, th

e ar

ea m

ust b

e cl

eane

d up

usi

ng s

peci

al

clea

ning

met

hods

.

Dis

po

se o

f w

ast

e p

rop

erl

y. C

olle

ct a

nd s

eal w

aste

in a

hea

vy d

uty

bag

or s

heet

ing.

Whe

n tr

ansp

orte

d, e

nsur

e th

at w

aste

is c

onta

ined

to

prev

ent r

elea

se o

f dus

t and

deb

ris.

To le

arn

mor

e ab

out E

PA’s

requ

irem

ents

for R

RP p

roje

cts

visi

t ep

a.go

v/ge

tlead

safe

, or r

ead

The

Lead

-Saf

e Ce

rtifi

ed G

uide

to

Reno

vate

Rig

ht.

Wh

ere

Le

ad

-Ba

sed

Pa

int

Is F

ou

nd

In g

ener

al, t

he o

lder

you

r hom

e or

chi

ldca

re fa

cilit

y, th

e m

ore

likel

y it

has

lead

-bas

ed p

aint

.1

Ma

ny

ho

me

s, i

nc

lud

ing

pri

va

te,

fed

era

lly

ass

iste

d,

fed

era

lly

ow

ne

d

ho

usi

ng

, a

nd

ch

ild

ca

re f

ac

ilit

ies

bu

ilt

be

fore

19

78

ha

ve

le

ad

-ba

sed

p

ain

t. In

197

8, th

e fe

dera

l gov

ernm

ent b

anne

d co

nsum

er u

ses

of le

ad-

cont

aini

ng p

aint

.2

Lear

n ho

w to

det

erm

ine

if pa

int i

s le

ad-b

ased

pai

nt o

n pa

ge 7

.

Le

ad

ca

n b

e f

ou

nd

:

In h

omes

and

chi

ldca

re fa

cilit

ies

in th

e ci

ty, c

ount

ry, o

r sub

urbs

,

In p

rivat

e an

d pu

blic

sin

gle-

fam

ily h

omes

and

apa

rtm

ents

,

On

surf

aces

insi

de a

nd o

utsi

de o

f the

hou

se, a

nd

In s

oil a

roun

d a

hom

e. (S

oil c

an p

ick

up le

ad fr

om e

xter

ior p

aint

or

othe

r sou

rces

, suc

h as

pas

t use

of l

eade

d ga

s in

car

s.)

Lear

n m

ore

abou

t whe

re le

ad is

foun

d at

epa

.gov

/lead

.

5

1 “Le

ad-b

ased

pai

nt” i

s cu

rren

tly d

efine

d by

the

fede

ral g

over

nmen

t as

pain

t with

le

ad le

vels

gre

ater

than

or e

qual

to 1

.0 m

illig

ram

per

squ

are

cent

imet

er (m

g/cm

), or

m

ore

than

0.5

% b

y w

eigh

t.

2 “L

ead-

cont

aini

ng p

aint

” is

curr

ently

defi

ned

by th

e fe

dera

l gov

ernm

ent a

s le

ad in

new

dr

ied

pain

t in

exce

ss o

f 90

part

s pe

r mill

ion

(ppm

) by

wei

ght.

Ide

nti

fyin

g L

ea

d-B

ase

d P

ain

t a

nd

Le

ad

-Ba

sed

Pa

int

Ha

za

rds

De

teri

ora

tin

g l

ea

d-b

ase

d p

ain

t (p

ee

lin

g,

ch

ipp

ing

, c

ha

lkin

g,

cra

ck

ing

, o

r d

am

ag

ed

pa

int)

is a

haz

ard

and

need

s im

med

iate

at

tent

ion.

Le

ad

-ba

sed

pa

int m

ay a

lso

be a

haz

ard

whe

n fo

und

on

surf

aces

that

chi

ldre

n ca

n ch

ew o

r tha

t get

a lo

t of w

ear a

nd te

ar, s

uch

as: O

n w

indo

ws

and

win

dow

sill

s

Doo

rs a

nd d

oor f

ram

es

Stai

rs, r

ailin

gs, b

anis

ters

, and

por

ches

Le

ad

-ba

sed

pa

int

is u

sua

lly

no

t a

ha

za

rd i

f it

is

in g

oo

d c

on

dit

ion

an

d if

it is

not

on

an im

pact

or f

rictio

n su

rfac

e lik

e a

win

dow

.

Le

ad

du

st c

an fo

rm w

hen

lead

-bas

ed p

aint

is s

crap

ed, s

ande

d, o

r he

ated

. Lea

d du

st a

lso

form

s w

hen

pain

ted

surf

aces

con

tain

ing

lead

bum

p or

rub

toge

ther

. Lea

d pa

int c

hips

and

dus

t can

get

on

surf

aces

and

obj

ects

that

peo

ple

touc

h. S

ettle

d le

ad d

ust c

an re

ente

r th

e ai

r whe

n th

e ho

me

is v

acuu

med

or s

wep

t, or

whe

n pe

ople

wal

k th

roug

h it.

EPA

cur

rent

ly d

efine

s th

e fo

llow

ing

leve

ls o

f lea

d in

dus

t as

haza

rdou

s:

40 m

icro

gram

s pe

r squ

are

foot

(μg/

ft2 )

and

high

er fo

r floo

rs,

incl

udin

g ca

rpet

ed fl

oors

250

μg/f

t2 a

nd h

ighe

r for

inte

rior w

indo

w s

ills

Le

ad

in

so

il c

an b

e a

haza

rd w

hen

child

ren

play

in b

are

soil

or w

hen

peop

le b

ring

soil

into

the

hous

e on

thei

r sho

es. E

PA c

urre

ntly

defi

nes

the

follo

win

g le

vels

of l

ead

in s

oil a

s ha

zard

ous:

400

part

s pe

r mill

ion

(ppm

) and

hig

her i

n pl

ay a

reas

of b

are

soil

1,20

0 pp

m (a

vera

ge) a

nd h

ighe

r in

bare

soi

l in

the

rem

aind

er o

f the

ya

rd

Re

me

mb

er,

le

ad

fro

m p

ain

t c

hip

s—w

hic

h y

ou

ca

n s

ee

—a

nd

le

ad

d

ust

—w

hic

h y

ou

ma

y n

ot

be

ab

le t

o s

ee

—b

oth

ca

n b

e h

az

ard

s.

The

only

way

to fi

nd o

ut if

pai

nt, d

ust,

or s

oil l

ead

haza

rds

exis

t is

to

test

for t

hem

. The

nex

t pag

e de

scrib

es h

ow to

do

this

.

611

Re

du

cin

g L

ea

d H

az

ard

s, c

on

tin

ue

d

If y

ou

r h

om

e h

as

ha

d l

ea

d a

ba

tem

en

t w

ork

do

ne

or i

f the

hou

sing

is

rece

ivin

g fe

dera

l ass

ista

nce,

onc

e th

e w

ork

is c

ompl

eted

, dus

t cle

anup

ac

tiviti

es m

ust b

e co

nduc

ted

until

cle

aran

ce te

stin

g in

dica

tes

that

lead

du

st le

vels

are

bel

ow th

e fo

llow

ing

leve

ls:

40 m

icro

gram

s pe

r squ

are

foot

(μg/

ft2 )

for fl

oors

, inc

ludi

ng c

arpe

ted

floor

s

250

μg/f

t2 fo

r int

erio

r win

dow

s si

lls

400

μg/f

t2 fo

r win

dow

trou

ghs

For h

elp

in lo

catin

g ce

rtifi

ed le

ad a

bate

men

t pro

fess

iona

ls in

you

r are

a,

call

your

sta

te o

r loc

al a

genc

y (s

ee p

ages

14

and

15),

or v

isit

ep

a.go

v/le

ad, o

r cal

l 1-800

-424

-LEA

D.

7

Ch

ec

kin

g Y

ou

r H

om

e f

or

Le

ad

You

can

get y

our h

ome

test

ed fo

r lea

d in

sev

eral

diff

eren

t way

s:

A le

ad-b

ased

pai

nt in

spe

cti

on

tells

you

if y

our h

ome

has

lead

-ba

sed

pain

t and

whe

re it

is lo

cate

d. It

won

’t te

ll yo

u w

heth

er y

our

hom

e cu

rren

tly h

as le

ad h

azar

ds. A

trai

ned

and

cert

ified

test

ing

prof

essi

onal

, cal

led

a le

ad-b

ased

pai

nt

insp

ecto

r, w

ill c

ondu

ct a

pai

nt in

spec

tion

usin

g m

etho

ds, s

uch

as:

Port

able

x-r

ay fl

uore

scen

ce (X

RF) m

achi

ne

Lab

test

s of

pai

nt s

ampl

es

A ri

sk a

sse

ssm

en

t tel

ls y

ou if

you

r hom

e cu

rren

tly h

as a

ny le

ad h

azar

ds fr

om le

ad

in p

aint

, dus

t, or

soi

l. It

also

tells

you

wha

t ac

tions

to ta

ke to

add

ress

any

haz

ards

. A

trai

ned

and

cert

ified

test

ing

prof

essi

onal

, ca

lled

a ris

k as

sess

or, w

ill:

Sam

ple

pain

t tha

t is

dete

riora

ted

on d

oors

, win

dow

s, flo

ors,

stai

rs,

an

d w

alls

Sam

ple

dust

nea

r pai

nted

sur

face

s an

d sa

mpl

ing

bare

soi

l in

the

yar

d

Get

lab

test

s of

pai

nt, d

ust,

and

soil

sam

ples

A c

ombi

natio

n in

spec

tion

and

risk

asse

ssm

ent t

ells

you

if y

our h

ome

has

any

lead

-bas

ed p

aint

and

if y

our h

ome

has

any

lead

haz

ards

, and

w

here

bot

h ar

e lo

cate

d.

Be s

ure

to re

ad th

e re

port

pro

vide

d to

you

aft

er y

our i

nspe

ctio

n or

risk

as

sess

men

t is

com

plet

ed, a

nd a

sk q

uest

ions

abo

ut a

nyth

ing

you

do n

ot

unde

rsta

nd.

10

Re

du

cin

g L

ea

d H

az

ard

s

Dis

turb

ing

le

ad

-ba

sed

pa

int

or

rem

ov

ing

le

ad

im

pro

pe

rly

ca

n

inc

rea

se t

he

ha

za

rd t

o y

ou

r fa

mil

y b

y

spre

ad

ing

ev

en

mo

re l

ea

d d

ust

aro

un

d

the

ho

use

.

In a

dditi

on to

day

-to-

day

clea

ning

an

d go

od n

utrit

ion,

you

can

te

mp

ora

rily

redu

ce le

ad-b

ased

pai

nt

haza

rds

by ta

king

act

ions

, suc

h as

re

pairi

ng d

amag

ed p

aint

ed s

urfa

ces

and

plan

ting

gras

s to

cov

er le

ad-

cont

amin

ated

soi

l. Th

ese

actio

ns a

re

not p

erm

anen

t sol

utio

ns a

nd w

ill n

eed

ongo

ing

atte

ntio

n.

You

can

min

imiz

e ex

posu

re to

lead

w

hen

reno

vatin

g, re

pairi

ng, o

r pai

ntin

g, b

y hi

ring

an E

PA- o

r sta

te-

cert

ified

reno

vato

r who

is tr

aine

d in

the

use

of le

ad-s

afe

wor

k pr

actic

es. I

f you

are

a d

o-it-

your

selfe

r, le

arn

how

to u

se le

ad–s

afe

wor

k pr

actic

es in

you

r hom

e.

To re

mov

e le

ad h

azar

ds p

erm

anen

tly, y

ou s

houl

d hi

re a

cer

tified

lead

ab

atem

ent c

ontr

acto

r. A

bate

men

t (or

per

man

ent h

azar

d el

imin

atio

n)

met

hods

incl

ude

rem

ovin

g, s

ealin

g, o

r enc

losi

ng le

ad-b

ased

pai

nt

with

spe

cial

mat

eria

ls. J

ust p

aint

ing

over

the

haza

rd w

ith re

gula

r pa

int i

s no

t per

man

ent c

ontr

ol.

Alw

ay

s u

se a

ce

rtifi

ed

co

ntr

ac

tor

wh

o i

s tr

ain

ed

to

ad

dre

ss l

ea

d

ha

za

rds

safe

ly.

Hire

a L

ead-

Safe

Cer

tified

firm

(see

pag

e12)

to p

erfo

rm re

nova

tion,

re

pair,

or p

aint

ing

(RRP

) pro

ject

s th

at d

istu

rb p

aint

ed s

urfa

ces.

To c

orre

ct le

ad h

azar

ds p

erm

anen

tly, h

ire a

cer

tified

lead

aba

tem

ent

prof

essi

onal

. Thi

s w

ill e

nsur

e yo

ur c

ontr

acto

r kno

ws

how

to w

ork

safe

ly a

nd h

as th

e pr

oper

equ

ipm

ent t

o cl

ean

up th

orou

ghly

.

Cert

ified

con

trac

tors

will

em

ploy

qua

lified

wor

kers

and

follo

w s

tric

t sa

fety

rule

s as

set

by

thei

r sta

te o

r by

the

fede

ral g

over

nmen

t.

8

Ch

ec

kin

g Y

ou

r H

om

e f

or

Le

ad

, co

nti

nu

ed

In p

repa

ring

for r

enov

atio

n, re

pair,

or p

aint

ing

wor

k in

a p

re-1

978

hom

e, L

ead-

Safe

Cer

tified

reno

vato

rs (s

ee p

age

12) m

ay:

Take

pai

nt c

hip

sam

ples

to d

eter

min

e if

lead

-bas

ed p

aint

is

pres

ent i

n th

e ar

ea p

lann

ed fo

r ren

ovat

ion

and

send

them

to a

n EP

A-r

ecog

nize

d le

ad la

b fo

r ana

lysi

s. In

hou

sing

rece

ivin

g fe

dera

l as

sist

ance

, the

per

son

colle

ctin

g th

ese

sam

ples

mus

t be

a ce

rtifi

ed

lead

-bas

ed p

aint

insp

ecto

r or r

isk

asse

ssor

Use

EPA

-rec

ogni

zed

test

s ki

ts to

det

erm

ine

if le

ad-b

ased

pai

nt is

ab

sent

(but

not

in h

ousi

ng re

ceiv

ing

fede

ral a

ssis

tanc

e)

Pres

ume

that

lead

-bas

ed p

aint

is p

rese

nt a

nd u

se le

ad-s

afe

wor

k pr

actic

es

Ther

e ar

e st

ate

and

fede

ral p

rogr

ams

in p

lace

to e

nsur

e th

at te

stin

g is

do

ne s

afel

y, re

liabl

y, a

nd e

ffect

ivel

y. C

onta

ct y

our s

tate

or l

ocal

age

ncy

for m

ore

info

rmat

ion,

vis

it ep

a.go

v/le

ad, o

r cal

l 1-8

00

-42

4-L

EA

D

(53

23

) fo

r a li

st o

f con

tact

s in

you

r are

a.3

3 H

earin

g-or

spe

ech

chal

leng

ed in

divi

dual

s m

ay a

cces

s th

is n

umbe

r thr

ough

TTY

by

calli

ng th

e Fe

dera

l Rel

ay S

ervi

ce a

t 1-800

-877

-839

9.9

Wh

at

Yo

u C

an

Do

No

w t

o P

rote

ct

Yo

ur

Fa

mil

y

If y

ou

su

spe

ct

tha

t y

ou

r h

ou

se h

as

lea

d-b

ase

d p

ain

t h

az

ard

s, y

ou

c

an

ta

ke

so

me

im

me

dia

te s

tep

s to

re

du

ce y

ou

r fa

mil

y’s

ris

k:

If yo

u re

nt, n

otify

you

r lan

dlor

d of

pee

ling

or c

hipp

ing

pain

t.

Keep

pai

nted

sur

face

s cl

ean

and

free

of d

ust.

Clea

n flo

ors,

win

dow

fr

ames

, win

dow

sill

s, an

d ot

her s

urfa

ces

wee

kly.

Use

a m

op o

r spo

nge

with

war

m w

ater

and

a g

ener

al a

ll-pu

rpos

e cl

eane

r. (R

emem

ber:

neve

r mix

am

mon

ia a

nd b

leac

h pr

oduc

ts to

geth

er b

ecau

se th

ey c

an

form

a d

ange

rous

gas

.)

Care

fully

cle

an u

p pa

int c

hips

imm

edia

tely

with

out c

reat

ing

dust

.

Thor

ough

ly ri

nse

spon

ges

and

mop

hea

ds o

ften

dur

ing

clea

ning

of

dirt

y or

dus

ty a

reas

, and

aga

in a

fter

war

d.

Was

h yo

ur h

ands

and

you

r chi

ldre

n’s

hand

s of

ten,

esp

ecia

lly b

efor

e th

ey e

at a

nd b

efor

e na

p tim

e an

d be

d tim

e.

Keep

pla

y ar

eas

clea

n. W

ash

bott

les,

paci

fiers

, toy

s, an

d st

uffed

an

imal

s re

gula

rly.

Keep

chi

ldre

n fr

om c

hew

ing

win

dow

sill

s or

oth

er p

aint

ed s

urfa

ces,

or

eatin

g so

il.

Whe

n re

nova

ting,

repa

iring

, or p

aint

ing,

hire

onl

y EP

A- o

r sta

te-

appr

oved

Lea

d-Sa

fe C

ertifi

ed re

nova

tion

firm

s (s

ee p

age

12).

Clea

n or

rem

ove

shoe

s be

fore

ent

erin

g yo

ur h

ome

to a

void

trac

king

in

lead

from

soi

l.

Mak

e su

re c

hild

ren

eat n

utrit

ious

, low

-fat m

eals

hig

h in

iron

, and

ca

lciu

m, s

uch

as s

pina

ch a

nd d

airy

pro

duct

s. Ch

ildre

n w

ith g

ood

diet

s ab

sorb

less

lead

.

Housing Rehabilitation (2013) Exhibit 8P

12/20/04 1 of 2

Lead Analysis Report

Borrower Name: DO NOT EDIT THIS RECORD BLANK Loan Number:

Property: Date:

LEAD ANALYSIS (Page 1) Yes/No

Is this property exempt from the Regulation? If “yes”, for which of the following reasons? (If any of the following are checked, the property is exempt from the requirements of CFR Part 35. The regulatory citation of each exemption is cited as additional guidance.)

Property was constructed after January 1, 1978 [35.115(a)(1)].

This is a zero-bedroom unit [35.115(a)(2)].

This is housing dedicated to the elderly and/or disabled [35.115(a)(3)].

Paint inspection conducted in accordance with 35.1320(a) established that the property is free of lead-based paint [35.115(a)(4)].

*The date of the original paint inspection was ___________.

All lead-based paint in the property has been identified and removed with clearance achieved as cited below [35.115(a)5].

o Clearance achieved prior to September 15th, 2000. Work was done in accordance with 40CFR Part 745.227(b).

o Clearance achieved after September 15, 2000. Work was done in accordance with 40CFR Part 35.1320,1325 and 1345.

Rehabilitation will not disturb painted surfaces [35.115(a)8].

Repairs are those limited to those that are necessary to respond to an emergency, to safeguard against imminent danger, health or safety, or, to protect the property from further structural damage [35.115(a)9].

If lead regulations do not apply, based on information above, STOP here. �If property is not exempt, check box and continue lead evaluation.

Rehabilitation and Lead Allocation of Funds: Rehabilitation costs $

Lead hazard reduction costs $

Total assistance provided $

This summary sheet must be completed on all CDBG rehabilitation projects. It is intended as a guide to compliance with federal regulations with respect to reduction of lead based paint hazards in the rehabilitation of residential properties and is not intended to be a comprehensive reference. For a complete recital of the terms of the applicable federal regulations refer to 24 CFR part 35-Lead-Based Paint Poisoning Prevention in certain Residential Structures (the “Regulation”).

Housing Rehabilitation (2013) Exhibit 8P

12/20/04 2 of 2

* HUD definition of ‘deminimus threshold’ for lead: Safe work practices are not required when maintenance or hazard reduction activities do not disturb painted surfaces that total more than: 20 square feet (2 square meters) on any exterior surfaces, 2 square feet (0.2 square meters) in anyone interior room or space, or more than 10% of the total surface area on an interior or exterior type of component with a small surface area. Examples include window sills, baseboards, and trim.

LEAD ANALYSIS (Page 2) Yes/NoRehab hard costs are < $5000, and

*Will scope of rehab work disturb paint above the de minimus threshold?For work above de minimus, the following lead regulations apply:� Lead paint presumed on all painted surfaces.� Worksite clearance required on/in affected areas where work disturbed paint.� Safe Work Practices required by HUD/NARI trained and approved contractors

*Will scope of rehab work disturb paint below the de minimus threshold?For work below de minimus [35.1350(d)] lead regulations do not apply. � Safe Work Practices required by HUD/NARI trained and approved contractors

If this is the case, check box and STOP here. �Rehab hard costs are > $5000 and up to $25,000

� +Risk Assessment required.� Full house clearance required [35.1340] unless risk assessment demonstrates that there

are no lead hazards present.o Are lead hazards present?

If no, check box and STOP here. �Rehab hard costs > $25,000 If so, the following applies:

� +Risk Assessment� Abatement of identified lead-based paint hazards required� Full house clearance required [35.1340] unless risk assessment demonstrates that there

are no lead hazards present.o Are lead hazards present?

If no, check box and STOP here. �

Follow-up case management of lead work:

+Risk Assessment Date completed:

Clearance Visual Full Worksite Date completed:

Notifications to Property Owners

Lead Acknowledgement Form, presumption information and Lead Hazard Information Pamphlet required on all. Date completed:

Risk Assessment Date completed:

Notice of Lead Hazard Reduction Activities, including Clearance Results

Date completed

Exhi

bit 8

P(2

013)

Lea

d-Ba

sed

Pain

t Sum

mar

y gu

idel

ines

for h

omes

con

stru

cted

prio

r to

1978

Con

stru

ctio

n C

osts

Und

er $

5,00

0$5

,000

to $

25,0

00O

ver $

25,0

00Le

ad H

azar

d Ev

alua

tion

and

Red

uctio

nD

o no

har

mId

entif

y an

d co

ntro

l lea

d ha

zard

sId

entif

y an

d ab

ate

lead

haz

ards

Pam

phle

t Not

ifica

tion

Yes

Yes

Yes

Lead

Haz

ard

Eval

uatio

n Pa

int T

estin

g, o

r pre

sum

e le

ad-

base

d pa

int a

nd u

se sa

fe w

ork

prac

tices

on

all s

urfa

ces

Pain

t Tes

ting

and

Ris

k A

sses

smen

t, or

pre

sum

e le

ad-

base

d pa

int a

nd u

se st

anda

rd

treat

men

t

Pain

t Tes

ting

and

Ris

k A

sses

smen

t, or

pre

sum

e le

ad-

base

d pa

int a

nd a

bate

all

appl

icab

le su

rfac

esLe

ad H

azar

d R

educ

tion

Rep

air p

aint

surf

aces

dis

turb

ed

durin

g re

habi

litat

ion

Inte

rim C

ontro

lsA

bate

men

t (In

terim

con

trols

on

exte

rior s

urfa

ces n

ot d

istu

rbed

by

reha

bilit

atio

n)O

ngoi

ng M

aint

enan

ceN

ot if

ow

ner-

occu

pied

Not

if o

wne

r-oc

cupi

edN

ot if

ow

ner-

occu

pied

Not

ice

to O

ccup

ants

Yes

Yes

Yes

Sum

mar

ize

Safe

wor

k pr

actic

es, d

istu

rbed

su

rfac

esSt

anda

rd tr

eatm

ent,

inte

rim

co

ntro

lsAb

ate

appl

icab

le su

rfac

es,

inte

rim

on

unaf

fect

ed su

rfac

es

Chapter 8 – Uniform Relocation Assistance and Real ... 8 – Uniform Relocation Assistance and ......

Documents

Transcript of Chapter 8 – Uniform Relocation Assistance and Real ... 8 – Uniform Relocation Assistance and ......