The Vermont Housing and Conservation Board hereby adopts the following policies and priorities for the administration of its Lead-Based Paint Hazard Reduction Program ("Program"), funded by the U.S. Department of Housing and Urban Development ("HUD").

Goals

VHCB intends to continue the core elements of our Program, which are:

• a collaborative program approach with the Vermont Department of Health and other funders of housing rehabilitation which supports education and training outreach on lead hazards and lead hazard reduction for tenants, landlords and homeowners;
• priority interventions in units with lead-poisoned children;
• the creation of lead-safe units through a network of nonprofit housing developers
• integration of lead hazard reduction into housing rehabilitation programs funded under the Vermont Community Development Block Grant Program;
• support for proactive landlords and homeowners with young children wishing to make their homes lead-safe.
• support for the development of a sustainable infrastructure and delivery system for lead education, testing and risk assessment and hazard reduction which emphasizes local, community-based organizations;
• VHCB intends to complete lead hazard reduction activities in approximately 300 homes and apartments owned by nonprofit organizations, investor owners and homeowners.

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.

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 March 31, 1998 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. Resources will be targeted to achieve the following distribution of units by type of owner:

Approximately 150 units owned by non-profit organizations
Approximately 150 units owned by investor-owners and/or homeowners

3. 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 or units with two or more bedrooms.
(d) Units with lead paint hazards and one bedroom
(e) All other target units.

4. Program staff will be responsible for the determination of eligibility and selection of units. 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 to be 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 analysis to determine the presence of lead-based paint and evaluate the potential lead hazards.
• Technical assistance from Program staff with financing, risk assessment, intervention strategies, specification development, bidding and contractor selection, and construction management.
• Resident education and relocation assistance
• Clearance testing at the completion of lead hazard control activities to insure units can be safely re-occupied.

2. Based on the type of owner, 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 (per unit):

1) Non-Profit owned rental apartments undergoing lead hazard control only are eligible for up to a $10,000 grant per unit.

2) Non-Profit owned single family rental properties undergoing lead hazard control only are eligible for up to a $15,000 grant per unit.

Investor Owned Rental Properties
Owners of eligible rental properties undergoing lead hazard control only may receive lead program funding per eligible unit as follows: up to a $3,000 grant and a $7,000 loan. Up to 30% of the loan may be forgiven provided that the owner continues to rent the unit for a total of six consecutive years 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 to VHCB staff.

Homeowners
Eligible homeowners may receive lead program funding as follows:

1) Homeowners with young children are eligible for a $6,000 grant and a $14,000 loan.

2) Other eligible homeowners (without children) are eligible for a $3000 grant and a $7,000 loan.

Up to 50% of the loan may be forgiven at a rate of 5% per year for ten years after the completion of lead hazard reduction activities provided that the homeowner retains ownership and continues to occupy the property.

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.

Recognizing that the financial assistance available with HUD funds will, generally, not be 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 grant and loan sources. These include:

• Vermont Housing Financing Agency Financing
• Private Bank Financing
• Vermont Community Loan Fund Financing
• Vermont Development Credit Union Financing
• Vermont Community Development Block Grant Program Funds
• Other VHCB program resources

Intervention Strategies
Specific intervention strategies will vary according to the type of housing, as follows:

• Vacant housing being rehabilitated by nonprofit organizations are expected to receive the most comprehensive treatment because the lead-based paint hazard reduction activities will usually be implemented in conjunction with a moderate or substantial rehabilitation effort and because the housing will be made available in perpetuity to low and moderate income households.
• For investor-owned housing and owner-occupied housing, levels of intervention are expected to be at a lower level, depending on surface conditions and affordability to owners, unless a more comprehensive intervention strategy has been mandated by the Vermont Department of Health.
• Property owners will be permitted to complete interim control work on a sweat equity basis (with materials purchased with Program funds), provided that the scope of work and intervention techniques are consistent with HUD and Program requirements and provided that the property owner enters into a Property Owner Work Plan. In such circumstances, work will be monitored by Program staff.
• In limited circumstances, where a risk assessment of lead levels in paint and surface conditions indicate that a lead-safe environment can be created through resident education and cleaning and where the property owner declines to participate in the Program, Program staff will work directly with the residents to implement an in-place management intervention strategy. Program staff will provide training, technical assistance, and cleaning supplies to the resident household.

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), and as it may be amended or revised in the future.

Because many properties with lead-based paint hazards may have historic significance, special attention will be paid to treatments which preserve historic integrity. Units subject to Section 106 of the National Historic Preservation Act will be reviewed in accordance with the Programmatic Agreement entered into with the Vermont Division of Historic Preservation, HUD, and the Advisory Council.