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