Veterans Benefits Administration                                                                                      Circular  26-01-1
Department of Veterans Affairs                                         		                       January 16, 2001    
Washington, DC  20420


REQUIREMENTS FOR NOTIFICATION, EVALUATION AND REDUCTION OF LEAD-
BASED PAINT HAZARDS IN VA-ACQUIRED PROPERTIES


    

  1. Purpose.  To implement Department of Housing and Urban Development (HUD) and 
Environmental Protection Agency (EPA) final rules governing the notification, evaluation, and 
reduction of lead-based paint and/or lead-based paint hazards in federally owned residential housing.  

    

  2. Background.  These final rules, dated September 15, 1999, implement sections 1012 and 1013 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X of the Housing and 
Community Development Act of 1992.
 
  3. Title X Requirements.  In accordance with the final rule which identifies "target housing" as 
any housing constructed prior to 1978, VA will implement the following requirements to eliminate, as 
far as practicable, lead-based paint hazards prior to the sale of a residential property that is owned by 
VA:
 
    1. Properties Constructed prior to 1978 

        

      • Visual assessment report of all painted surfaces

      • Paint stabilization of all deteriorated paint

      • Clearance examination report

      • Notification/Disclosure
 
      

    2. Definitions. Lead-based paint, lead-based paint hazard and other terms related to this subject 
are defined in the HUD regulations and provided as exhibit A.  

     

  4. Impact. Due to the new procedures and reports, there is currently little data available on 
estimated costs and timeliness factors.  Loan Guaranty Service will provide training on the requirements 
of the rule.  Additional training will be available through HUD and EPA that is explained in paragraph 
12.  Initially the new requirements may result in fewer than needed certified lead service providers being 
available for stations to perform the required activities.  The long-term impact will not be as significant 
because stations will rely on management brokers to assist with lead-based paint activities.  

    

  5.  Implementation. Implementation is a three-step process known as evaluation, reduction, and 
notification.  The procedures explained in this circular supersede those found in Manual M26-5, 
paragraph 3.13a(5), and Service Director Memorandum dated July 6, 2000, is no longer applicable.  
Stations should begin implementing these new requirements upon receipt of this circular.  Stations in 
redemption states must develop local procedures for implementing the lead-based paint requirements of 
the final rule in accordance with their local laws regarding redemption rights and vacancy

       

    1.  HUD Guidelines.  The full text of the final rule is in the Federal Register dated September 15, 
1999.  It is entitled   "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint 
Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance: Final 
Rule."  The most effective and comprehensive document available to understand the procedures and 
technology involved in implementing these requirements is printed in "HUD Guidelines For the 
Evaluation and Control of Lead-Based Paint Hazards in Housing (1997 Revision)."  If a copy is not on 
station, this document can be downloaded from HUD’s website at www.hud.gov/lea/learules
 

    2. Exempted Properties and Actions.  The following properties and actions are exempted from these 
regulations:  

        

      •  Emergency actions required to immediately safeguard against imminent danger to human life, 
health or safety, or to protect property from further structural damage (i.e., when a property has 
been damaged by a natural disaster, fire, or structural collapse).  However, once emergency 
actions are completed, the requirements for lead-based paint activities in target housing outlined 
in this circular must then be met.

      •  Performance of the evaluation and the lead-based paint stabilization on an exterior painted 
surface as required under this part may be delayed for a reasonable period of time when weather 
conditions are unsuitable for conventional construction activities.  However, stations are to 
complete the required lead-based paint activities prior to any sale as soon as the weather permits.

      •  An unoccupied dwelling unit or residential property that is to be demolished, provided the 
dwelling unit or property will remain unoccupied until demolition.  However, parties planning 
demolition should determine first whether other Federal, state or local environmental 
requirements apply.  It is possible that lead hazards may be generated in the act of demolition of 
residential properties with lead-based paint.  A clearance examination will report any 
unacceptable soil lead hazards.  The appropriate lead control office of jurisdiction will provide 
guidance on eliminating unacceptable soil lead hazards.

      

     
 
  6.  Evaluation.  Lead hazard control efforts begin with an evaluation of the condition of all interior
 and exterior painted surfaces of a property.  This evaluation is called a visual assessment, and will be 
performed on all target housing to determine if there is deteriorated paint.  A visual assessment must be 
performed by someone who has been trained properly.  The training only requires a few hours, and is 
explained below.  Management brokers should perform the visual assessment during the preparation of 
VA Form 26-0595v, Property Inspection Report and Market Analysis (PIR).  Stations should ensure 
that the construction date is properly identified, and that the visual assessment is an accurate report of 
all deteriorated paint surfaces. 

     

      

    1. Determining Year of Construction.  In order to prevent unnecessary lead-based paint activities
 stations will ask that management brokers appropriately identify the year of construction, and that 
construction dates are derived from accurate sources.  The primary method of obtaining the 
construction date should be management broker reports.  Stations should establish local policies on 
acceptable sources of construction year data and should instruct management brokers on the  
requirement to use these sources.  Exhibit B is a sample of a release letter to Management brokers, and 
has underlined space for stations to insert the wording they wish to use to advise their management 
brokers of the acceptable data sources.  

       

    2. Visual Assessment Report.  The final rule requires that a visual assessment report of all exterior
 and interior painted surfaces be completed by a person who has completed a visual assessment training 
course.  Management brokers will be the primary source for performing the visual assessment during the 
completion of the initial Property Inspection Report.  In conjunction with the release of exhibit B, 
stations should immediately require management brokers to access HUD’s internet site to complete the 
 free, on-line, training course entitled "HUD Visual Assessment Training Course."  The course will only 
 take a few hours.  At the end of the course, there is a short test on-line.  Upon successfully completing 
the course and the test questions, the management broker can print a notice of completion.  Stations 
should ask all management brokers to forward a copy of their notice of course completion as quickly as 
possible for insertion into their management broker file.  In addition, stations should provide the 
following guidance to management brokers on the new lead-base paint reporting requirements on the 
PIR.

         

      • Enter the date the home was built in section 8.

      • Fully complete section 15 of the PIR.

      • In Section 26: "Special Regional Office Requirements" enter the data source from where the 
construction date was obtained.  Report results of the visual assessment of all painted surfaces, 
identifying the size and exact location of any deteriorated paint. 

      • Provide complete repair specifications and cost estimates for stabilizing deteriorated paint in 
section 18.

      

      

    3.  Option for Further Evaluation:  Stations have the option to order a lead-based paint inspection 
(see below), on deteriorated paint surfaces to determine the presence of lead-based paint.  When using 
this option, paint stabilization and clearance examinations are only required on those deteriorated 
surfaces that are reported to contain lead-based paint.  Stations should always consider ordering a lead-
based paint inspection on a case by case basis.  For example, if the visual assessment report indicates 
deteriorated paint surfaces, and the construction year is after 1960, there may not be lead-based paint 
present.  The lead-based paint inspection can only be performed by a qualified, EPA certified lead-based 
paint inspector. 

      

        

      • Lead-Based Paint Inspection.  A lead-based paint inspection is a surface-to-surface investigation 
to determine the presence of lead-based paint and the provision of a report explaining the results 
of the investigation.  Lead-based paint inspections measure the concentration of lead in paint on 
a surface-by-surface investigation of all painted surfaces (interior and exterior) using portable x-
ray fluorescence paint analyzers and/or laboratory analysis of paint samples to determine the 
presence of lead-based paint, and a written report is provided on the results.  Inspection reports 
identify only the presence of lead-based paint, and they do not establish the location of lead-
based paint hazards.  While very technical in nature, the report should clearly identify whether 
lead is present.

      

      
A sample of a lead-based paint inspection report for a single-family residence is found in "HUD 
Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1997 Revision)"
Chapter 7, pages 7-35 and 7-36.  A list of addendums, that are included with the report, are located on 
page 7-v.


    

    

  7.  Reduction.  In compliance with HUD’s final rule VA will reduce potential hazards by stabilizing 
all deteriorated paint in housing built prior to 1978 unless the property is exempt, or there is no lead-
based paint present as reported in a lead-based paint inspection from a certified inspector.  Deterioration 
limited to hairline cracks, small nicks, scratches or nail holes is not considered deteriorated paint.

      

    1. Paint Stabilization:  This method for treating deteriorated paint surfaces means to:

      

        

      • Repair any defect in the substrate, or any defect in a building component, that is causing the paint 
deterioration.  Examples of defective substrate conditions include dry-rot, rust, moisture-related 
defects, crumbling plaster, and missing siding or other components not securely fastened.  
Examples of defective building components that cause paint deterioration include a doorknob 
that knocks into a wall, a door that knocks against its door frame, stuck windows causing 
abrasion, etc.  A detailed summary of how to treat friction and impact surfaces is on page 11-25 
of the 1997 Revised, HUD Guidelines for the Evaluation and Control of Lead-Based Paint 
Hazards in Housing.  

      • Remove all loose paint and other loose material from the surface to be treated and apply a new 
protective coating, or paint.  

      

      

    2. Paint stabilization requirements. The final rule specifies who can perform paint stabilization of 
deteriorated surfaces.  The repair contractor must: either be supervised by a certified lead paint 
abatement supervisor, or successfully complete one of several courses approved by HUD.  A list of 
contractors who are under the supervision of a certified lead paint abatement supervisor can be located 
from the state or EPA lead control office.  Contractors who are also eligible to perform the work must 
be able to document that they have successfully completed a qualifying course.  Examples of such 
courses follow:

      

        

      1.  An accredited abatement supervisor course; 

      2.  An accredited lead-based paint worker course;

      3. "The Lead-Based Paint Maintenance Training Program," developed by the National
Environmental Training Association for EPA and HUD;

      4.  "The Remodeler’s and Renovator’s Lead-Based Paint Training Program," prepared by HUD and
the National Association of the Remodeling Industry (NARI); and 

      5. Any course approved by HUD after consultation with EPA for this purpose. 

      
Stations and management brokers should ensure that the contractors who are retained to 
perform paint stabilization provide evidence, as cited above, are qualified to perform this lead-
based paint activity.

       

    3. Safe work practices are required.   Safe work practices are required for paint stabilization 
activities.  Safe work practices for all lead-based paint activities are found in the 1997 Revised, HUD 
Guidelines for the Evaluation and Control of  Lead-Based Paint Hazards in Housing.  Chapters 8 
through 15 discuss in detail the preparation for the project, hazard control, cleaning, and clearance.

      

    4.  Soliciting Bids for Paint Stabilization   

      

        

      1.  Stations should prepare paint stabilization specifications on VA Form 26-6724, Invitation, Bid
and/or Acceptance or Authorization for all reported deteriorated paint surfaces and 
solicit a sufficient number of qualified contractors in accordance with M26-5 paragraph 4.06.  The 
specifications should detail the location and repair work needed to prepare the deteriorated paint surfaces 
prior to the surface treatment, and also include comprehensive instructions on the contractor’s responsibility 
to comply with the requirements for carrying out lead-related activities.  Exhibit C provides a sample of the 
minimum protective language for pre-1978 deteriorated paint stabilization repairs.  Stations are responsible 
for ensuring that these specifications are augmented in accordance with the lead-based paint requirements 
of the jurisdiction where a property is located.

        

      2.  Select the certified contractor using a qualified bidder according to M26-5, paragraph 4.06.

        

          

        • Since payment of the paint stabilization work is not due until the entire project has passed a 
clearance examination, stations should instruct the management brokers to ensure that the 
clearance examination is completed immediately after the completion of the paint stabilization 
work.  It is recommended that the clearance contractor be obtained in advance so that the 
examination can be ordered at once.  

        •  Once the work has obtained clearance, the management broker should also inspect to ensure that 
the repairs were completed properly.

        • Contractor invoices must be expedited to VA for payment as soon as clearance has been obtained. 

        

      

      

    5. Clearance Examination Report.  Clearance examination is an activity conducted following lead-
based paint stabilization.  Clearance activities include a visual evaluation of surfaces in the subject area 
and collection and analysis of dust and/or soil samples.  It should be determined that the deteriorated 
paint surfaces have been eliminated and that no soil-lead hazards or settled dust-lead hazards exist in the 
dwelling or unit.  Clearance examinations must be done by a person who was not involved in performing 
the paint stabilization, and who is certified as a lead-based paint inspector, risk assessor, or a clearance 
technician. Uncertified, but trained clearance technicians can also perform clearances, as long as their 
clearance report is signed by a certified lead-based paint inspector or risk assessor. 

      

         

      • It is vital that the clearance examination contractor maintain communications with the 
management broker and the paint stabilization contractor to ensure the timely completion 
of the project.  For example, if the clearance contractor determines that paint stabilization has not been 
completed as planned, or that lead clearance levels have been exceeded, the management broker 
must be notified as soon as possible to ensure that the paint stabilization contractor completes 
the project according to project specifications and clearance requirements.   

        

      • Clearance can always be achieved.  If clearance is not achieved at first, you should require the 
contractor to re-clean the spaces represented by the dust samples that failed and then take new 
samples.

      
Samples of clearance forms for a single-family dwelling are located in Chapter 15 of  "HUD Guidelines 
for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1997 Revision)."  

      

    6. Sale of Properties Listed as "Investor Specials".  Properties constructed prior to 1978 that 
contain deteriorated paint surfaces can be exempt from paint stabilization and clearance requirements if 
VA Form 26-6701, Property Analysis and Recommendations clearly documents that the property meets 
all of the following conditions:

        

      • Severely damaged as to be uninhabitable.

      • The deteriorated paint surfaces will need to be opened or removed so that structural or utility 
systems repairs can be completed.

      • The major renovation costs cannot be recovered.

      • Cash offers only, no vendee financing.

      • Investors only, no owner-occupant offers. 

      

    
The Chief of Property Management or higher authority must countersign the analysis. The sales listing 
offering these properties must specify that they are uninhabitable, severely damaged with deteriorated 
paint surfaces that will not be treated by VA and which will need to be opened or removed so that 
structural or utility systems repairs can be completed prior occupancy. The cash sale of such "investor 
special" properties is limited to investors who indicate that they do not intend to occupy the property on 
the sales contract. Investor specials cannot be offered or sold with vendee financing.  Stations will 
ensure that investor special purchasers sign and return VA Form 26-6705e, Notice of Possible Lead-
Based Paint. 

    

  8. Notification.   The final rule requires slight modification of the notification and disclosure 
requirements VA implemented in 1996.  Stations will continue to use VA Form 26-6705e, Notice of 
Possible Lead-Based Paint, and provide notification and disclosure as follows: 

    

      

    1. Outline of Notification Requirements.  All purchasers whose offers have been selected 
for processing will be provided with full lead-based paint notification in accordance with subpart A 
of the final rule.  The detailed procedures for notification and disclosure are as follows: 

      

        

      • Provide notice of the presence of known lead-based paint and/or lead-based paint hazards 
in the housing to purchasers, lessees and agents using VA Form 26-6705e.

         

      • Provide purchasers and lessees with copies of all available known records or reports pertaining 
to the presence of lead-based paint and/or lead-based paint hazards.  Although VA has no 
knowledge of lead-based paint, and has stabilized deteriorated paint, VA will provide a copy of 
the clearance examination report to purchasers.  

         

      • Provide purchasers and lessees with EPA Pamphlet 747-K-99-001, Protect Your Family From 
Lead in Your Home.

        

      • Provide purchasers with a 10-day opportunity (the number of days can be changed by mutual 
consent) to conduct, at their own expense, a risk assessment or inspection for the presence of 
lead-based paint and/or lead-based paint hazards before they are obligated under any purchase 
contract.

      

    2. Property Listings.  All sales listings which include properties built before 1978, whether by 
newspaper, broadcast fax, Internet, hard copy or other medium must identify these properties and 
contain the following statement or comparable language approved by the station regional counsel:

      
      A VA Form 26-6705, Offer to Purchase and Contract of Sale, submitted on a property built before 
      1978, is contingent upon a risk assessment or property inspection for the presence of lead-based
      paint and/or lead-based paint hazards. The purchaser may remove the contingency at any
      time without cause, or the duration of the contingency may be modified by agreement between the
      purchaser and VA;  otherwise, the contingency lasts for 10 days after the date the offer is selected
      by VA. The ending date will be stated in VA Form 26-6705e, which will be sent to the purchaser 
      or the purchaser’s agent when the offer is selected.  The purchaser is responsible for ordering, and
      will bear the expense of, any risk assessment or inspection obtained under this contingency. 

      

    3. Preparation of VA Form 26-6705e.  Notification will be provided in VA Form 26-6705e, with a 
copy of the clearance report attached if paint stabilization was conducted.  This form must be completed 
for all offers accepted for processing on target housing.  Field stations will complete items 1 through 4, 
5B, 10A and 10B of the form and will enter a date in item 5C(1), which is 11 days later than the date in 
item 1.  (The additional day is intended to allow for time between release of the form by VA and receipt 
by the purchaser.)  For seller’s disclosure, VA will have one of two methods for filling out section 5B of 
the form.

      

        

      1. In sales of target housing that have had deteriorated paint repairs completed and a 
Clearance examination obtained:  

        

          

        • In Block B2 VA personnel should insert their initials.

        • In Block B3 VA personnel should insert their initials,  and attach a copy of the clearance report 
for all purchasers.

        

         

      2. In sales of target housing that have no deteriorated paint and no clearance examination obtained:

          

        • In Blocks B2 and B4 VA personnel should insert their initials.

        

      

    4.  Release of VA Form 26-6705e.  This form, with all required attachments, together with EPA 
Pamphlet 747-K-99-001, should be forwarded to all purchasers on the selected offer along with the 
offer acknowledgment or acceptance letter for target housing.  Stations that hold public bid openings or 
public bid announcements may furnish the notification form and any attachments to the purchaser(s), or 
the purchaser's agent, at the opening or announcement.  Stations that mail notification forms after the 
final mail pick-up will show the next business day in item 1, Date Prepared.  The purchaser, or the 
purchaser's agent, will be expected to return the completed notification form to VA to be received 
within 3 business days after the end of the 10-day opportunity period.  In completing the form, the 
purchaser cannot date it before the end of the 10-day opportunity period unless the period is being 
waived.  EXCEPTION:  A purchaser may want to shorten the opportunity period, possibly because an 
inspection has been completed in less than 10 days.  To do so, the purchaser must cross out the date in 
item 5C(1) and enter the earlier date chosen.  VA Form 26-6705e can then be signed and dated as of the 
adjusted end of the opportunity period.  VA will accept all such adjustments shortening the period.   

      

        

      1.  Offer Acknowledgment.  Field stations should insure that term offer acknowledgment and cash
offer acceptance letters advise prospective purchasers of target housing that their offer is contingent 
upon VA receiving the completed notification form in a timely manner.  Field stations that use vendee 
loan packagers must advise purchasers that they should submit the notification form before paying the 
loan packaging fee and beginning the underwriting process; cash offerors must likewise be advised that 
they should submit the notification form before incurring any expense.  However, purchasers who so 
choose may proceed before submitting the notification form, with the understanding that VA will not 
reimburse expenses incurred should they later choose to withdraw because of lead-paint issues or fail to 
submit the completed notification form.

        

      2. Absence of Notification Form.  Brokers and purchasers must be advised that failure to submit a 
completed VA Form 26-6705e will result in the offer being rejected once the deadline for submission 
has passed.  This notification form must be on file prior to closing the sale of a VA-owned property 
built prior to 1978 and no offer should be processed in its absence.  Before rejecting an offer because of 
the absence of the form, reasonable efforts should be made to obtain it. The form may be missing due to 
an oversight, rather than any intention on the part of the purchaser to withdraw the offer.  Reasonable 
efforts include contacting the broker and, if possible, the purchaser by telephone and/or fax.  Faxed 
copies of VA Form 26-6705e may be accepted.  If the purchaser requests extra time to complete a risk 
assessment and/or inspection, a reasonable extension of the 10-day opportunity period should be 
granted.  

        

      3. Waiver of the 10-Day Opportunity Period.  The 10-day opportunity period may be modified by 
mutual agreement.  If the purchaser chooses to waive the evaluation opportunity, he/she is still 
obligated to acknowledge receipt of the evaluation opportunity on VA Form 26-6705e, documenting 
the voluntary decision to waive the opportunity.  Verbal waivers will not be accepted.  

        

      4. Withdrawn Offers.  When an offer is withdrawn because of lead-based paint issues, the
withdrawal should be in writing; however, VA cannot compel a purchaser who has not executed VA 
Form 26-6705e to complete a written withdrawal.  The absence of the form dictates that VA reject the 
offer, therefore, it has the same effect as a withdrawal.  Accordingly, whether the offer is withdrawn 
during the 10-day opportunity period because of lead-based paint issues or rejected for lack of a 
completed notification form, any earnest money deposit will be returned to the purchaser.  If an offer is 
withdrawn after acceptance by VA (which, for term offers, includes completion of underwriting and 
qualification of the purchaser for vendee loan financing) and completion of VA Form 26-6705e, the 
earnest money deposit will be retained as provided in M26-5, paragraph 3.13f.  A purchaser who 
withdraws an offer after obtaining a lead hazard risk assessment and/or inspection will be asked to give 
VA a copy of the report; however, VA will not pay for this service.  When VA receives a copy of such 
an evaluation report indicating the continuing existence of lead-based paint hazards, it will be necessary 
to reconcile any discrepancies with the lead-based paint service providers VA originally employed to 
obtain clearance again.

      

    

    

  9. Sales To Tenant and Former Owners.  In target housing that is occupied by tenants or former 
owners who have been approved for purchase, VA must comply with the requirements of Title X.  
However, paint stabilization and clearance should not be conducted while a property is occupied.  All 
occupied properties under consideration for purchase should have a complete PIR completed by the 
management broker.  If there is deteriorated paint in a target house, VA should notify all occupants 
approved for purchase by certified mail of our requirements under Title X.  If the occupants wish 
to exercise their option to purchase, the property should be vacated in order to complete the deteriorated 
paint repairs and the clearance examination obtained.  Stations have the discretion to assist with 
relocation.  Those occupants previously approved for purchase should be notified when clearance has 
been obtained for first priority to purchase the property.

    

  10. Condominiums.  In target housing that has reported deteriorated paint surfaces which VA is 
prevented from repairing, and are the responsibility of the Homeowner’s Association (HOA), VA 
should notify the HOA by certified mail of the needed repairs under Title X requirements.  If the HOA 
does not complete the required repairs within a reasonable time, no less than thirty days, the station 
should list the property for sale with a notice disclosing deteriorated paint surfaces.  The station is 
required to provide full disclosure to all purchasers.  In addition to providing the pamphlet and VA 
Form 6705e, stations should also provide a copy of the certified letter previously sent to the HOA 
which identified deteriorated paint surfaces the HOA is responsible for repairing.  VA should also obtain 
a specific hold-harmless acknowledgement letter signed by all purchasers on these cases to ensure that 
the purchasers have been sufficiently notified about all reported deteriorated paint surfaces.

    

     

    

  11. Lease Offers Homeless Providers.  For target housing on those leases to homeless providers 
VA is required to stabilize deteriorated paint and obtain clearance.  If paint stabilization is required for a 
property currently under lease, the property should be vacated.  However, in cases of leases to homeless 
shelter providers, stations should work closely with the homeless provider in coordinating these 
activities on a case by case basis.  If such a property has to be vacated to complete the work, VA should 
notify the provider of the expected time the property will again be eligible for habitation under the 
homeless program.  

    

           

    1. Processing Lease Offers.  In processing lease offers on target housing, field stations are
not required to provide lessees with a 10-day opportunity to have the property evaluated, and VA Form 
6705e is not required in connection with a lease agreement.  However, VA must provide lessees with all 
related lead-based paint documentation required in connection with the lease of target housing.  VA’s 
actions must be documented in an addendum to the rental agreement signed by all parties.  The 
addendum must contain the following statement:

      	
   "Housing built before 1978 may contain lead-based paint.  Lead from paint, paint chips, and dust 
   can pose health hazards if not managed properly.  Lead exposure is especially harmful to young 
   children and pregnant women.  Before renting pre-1978 housing, lessors must provide 
   notification of the presence of lead-based paint and/or lead-based paint hazards in the dwelling, 
   along with copies of all related lead-based paint documents.  Lessees must also receive a 
   federally approved pamphlet on lead poisoning prevention."

      

    2. Acknowledgement.  VA must receive acknowledgement within 10 days by the lessees that all 
statements, records and reports, including a copy of EPA Pamphlet 747-K-99-001, listed in the 
addendum pursuant to subparagraph 13(a) above, have been received.

      

    3. Lessees’ Responsibilities.  Lessees under VA's homeless program should be advised
that they are responsible for providing their tenants with all notifications and lead-based paint reports 
required under Title X.  In addition, since these lessees may be undertaking substantial property repairs 
involving painted surfaces, they must be provided with a copy of EPA Pamphlet 747-K-97-001, 
Reducing Lead Hazards When Remodeling Your Home. 

    

    

  12. Localities without resources.  There may be some areas of the country with an inadequate
supply of contractors, trained workers and certified testers.  In response, HUD has developed a 
transition assistance policy to help those jurisdictions achieve full compliance with the new rule.  For the 
purposes of this transition policy, if the chief elected official of the jurisdiction or a designated senior 
official of a city, county, or Indian tribe, submits a request for transition assistance to HUD by 
November 15, 2000, HUD will provide special training and technical assistance.  A jurisdiction is a 
community development block grant entitlement community, or for non-entitlement areas, either the 
state or an Indian tribe.  For these jurisdictions the requirements of the new rule will be delayed until 
March 15, 2001.  Stations must first attempt to obtain lead service providers to implement the new 
requirements.  If unsuccessful in obtaining lead service providers, the station should then determine if 
the property is located in a jurisdiction that qualifies for transition assistance.  Contact HUD at 1-888-
HUD-1012, or appropriate State or EPA Office of Lead Control.  If so, the station may then perform
the VA defective paint procedures and notification requirements that were in effect prior to the final 
rule.  However, for a property that is sold in an area which qualifies for transition assistance the station 
must clearly document in the file that the jurisdiction qualifies for transition assistance, and what 
defective paint procedures were implemented.  Stations are responsible for monitoring the continuing 
transition assistance status of all jurisdictions within their area of management.  As soon as a jurisdiction 
is no longer eligible for transition assistance, stations are required to implement the new lead-based 
paint activities listed in this circular for properties located in their jurisdiction. 

    

  13. Training and Resources.  

    

      

    1. Training.  Due to the new requirements of the final rule, stations should conduct on-going lead-
based paint activity training utilizing the guides and resources listed below for all property management 
employees and management brokers. 

      

        

      1. Regional Office Training.  Stations should conduct an initial training session for PM employees 
and management brokers, to review and understand VA’s policies on the requirements of the final rule.  
Realty specialists, Property Management supervisors, and other PM staff personnel should complete the 
on-line HUD course in visual assessment.  In addition, stations should conduct on-going, in-house 
training sessions of "HUD Guidelines For The Evaluation and Control of Lead Based Paint Hazards in 
Housing (1997 Revision)" which is available at www.gov/lea/leadwnlo, and EPA’s pamphlet 747-K-97-001 
available at www.epa.gov/. 

        

      2. HUD Training Courses.  HUD's Office of Lead Hazard Control is sponsoring several on-going 
training programs throughout the country in cooperation with a variety of organizations both public and 
private.  Most of this training is free.  Sources to contact for this training are listed below in the 
resources section. 

        

      3. Lead Sampling Technician.  EPA and HUD are in the process of establishing a new discipline 
known as a Lead Sampling Technician.  The purpose of the course is to make lead dust testing, and 
clearance examination more available and affordable.  In the near future HUD will announce the dates 
and locations for the new EPA/HUD Sampling Technician curriculum.  Stations can refer interested 
contractors to HUD’s web site  www.hud.gov/lea/ for course listings and updates.  

        

      4. Central Office Training.  In conjunction with the release of this circular, VA Central Office will 
conduct a hotline discussion on the requirements of the final rule. 

        

      5. Resources.  The following is a list of resources to assist stations to implement the new lead-
based paint requirements of this circular:

        

        

        

      • For technical information on lead-based paint activities you can call the HUD Office of Lead 
Hazard Control, at 202-755-1785, ext. 104, or e-mail HUD at lead regulations@hud.gov

      • HUD’s internet site www.hud.gov/lea/ and EPA’s internet site www.epa.gov/lea/ provide a great 
deal of information on lead-based paint issues, including the full text of the final rule.

      • A good source to find lead service providers is on the internet at www.leadlisting.com/.  Stations 
should confirm with their State Office of Lead Control that a provider listed on this website is 
properly certified to perform in the area of jurisdiction in accordance with HUD/EPA 
regulations.

      • National Lead Information Clearinghouse, at 1-800-424-LEAD (5323), will provide publications 
and answers to specific lead-related questions.

      • EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead 
Contaminated Soil provides guidance, as well as, methods or protocols issued by states and 
Indian tribes that have been authorized by EPA under 40 CFR 745.324 to administer and enforce 
lead-based paint programs can be obtained from EPA’s internet site.

      • A copy of 40 CFR 745.227, Work Practice Standards for Conducting Lead-based Paint 
Activities: Target Housing and Child-Occupied Facilities, can also be downloaded from EPA’s 
internet site.

      • EPA and State contacts are listed on HUD’s website at  www.hud.gov/lea/.

      

    

    

  14. Record Keeping.  Under Title X, sellers and agents are required to retain a copy of the 
completed VA Form 26-6705e (notification) and all other related lead-based paint documents for three 
years.  To comply with this requirement, the notification form and attachments will be maintained in the 
Loan Guaranty folder and the agent's copy will be included in the closing package.  These documents 
should be transferred with the new vendee file if the loan is sold.

           

  15. Reporting Requirements.  Central Office will be establishing DOOR WIDS to allow for 
automated reporting each fiscal year.  Instructions will be released to the field in the near future.

      

  16. Release.  Field stations will prepare and release exhibit B to all management brokers advising 
them of the new HUD/EPA requirements.  Copies of these releases need not be submitted to Central Office.

     

  17. Contact.  Inquiries concerning this circular or other lead-based paint issues should be made to 
George King (263) Central Office Property Management staff at (202) 273-7362 or by e-mail. 

     

  18. Exhibits.

    

      

    1. Exhibit A.  Definitions of frequently used terms.

      

    2. Exhibit B. Sample of a release letter to management brokers.

       

    3. Exhibit C. Sample of minimum protective language for paint stabilization repairs.

    

  19. Rescission:

 
This circular is rescinded January 1, 2002.
 
 
 		                  	     By Direction of the Under Secretary for Benefits
 
 
 
 
                                                                     Keith Pedigo, Director
 	                                                     Loan Guaranty Service
 
 
 Distribution:    CO:  RPC 2025
 SS(26A1B)     FLD:  VBAFS, 1 each (Reproduce and distribute based on RPC 2025)
 
 
LOCAL REPRODUCTION AUTHORIZED