Lead-Based Paint Poisoning

Children in Section 8 Tenant-Based Housing Are Not Adequately Protected Gao ID: RCED-94-137 May 13, 1994

The lead-based paint inspections that the Department of Housing and Urban Development (HUD) requires public housing authorities to conduct in section 8 housing mainly involve visual searches for chipped or peeling paint. These inspections do not test for lead unless a child with elevated lead levels is known to live in the home. The four public housing authorities GAO visited--Boston, Massachusetts; Minneapolis, Minnesota; New Orleans, Louisiana; and St. Paul, Minnesota--complied with these requirements, but their visual inspections did not alert them to lead hazards in intact painted surfaces, such as floors, window sashes, and window sills. HUD officials could not estimate the cost of testing section 8 housing or whether requiring such testing would discourage landlord participation in the program. Federal regulations did not adequately protect children with elevated lead levels living in the four public housing authorities GAO studied. Tests by local housing agencies showed that seven of the 11 residences selected for GAO's study contained lead-based paint hazards. The public housing authorities, however, did not know whether paint testing was being done, and local health agencies did not routinely determine whether the children they identified with high lead levels lived in section 8 housing. Therefore, they did not alert the public housing authority to the children's condition. The applicability of the Lead-Based Paint Poisoning Prevention Act to section 8 housing is unclear. Although the act appears to cover section 8 housing, the legislative history suggests that Congress intended to exempt such housing from the act's requirements for lead-based paint risk assessments and other control measures. Because these requirements could be costly, they could discourage landlord participation in the program, thereby reducing the stock of affordable housing. HUD, however, maintains that the act does apply to section 8 housing and plans to draft rules imposing the act's requirements for dwellings in the program.

GAO found that: (1) although the four housing authorities reviewed have complied with HUD requirements to conduct lead-based paint inspections, housing authorities are only required to inspect residences visually and do not regularly test for lead unless a child with elevated blood levels is known to reside in the residence; (2) HUD officials could not estimate the cost of testing section 8 residences or the extent that such testing would discourage landlords' participation in section 8 programs; (3) HUD officials believe that resource constraints have limited housing authorities' ability to enhance visual inspections with more conclusive paint testing; (4) federal regulations do not adequately protect children with elevated blood levels who live in section 8 residences; (5) 7 of the 11 residences tested by local health agencies contained lead-based paint hazards; (6) although housing authorities are required to test the paint in homes of children with elevated blood levels and take appropriate corrective action, public housing authorities do not know whether the tests are being done; (7) local health agencies do not routinely determine whether children with elevated levels reside in section 8 housing or notify the responsible housing authorities of the children's condition or testing results; (8) although the applicability of the Lead-Based Paint Poisoning Act to section 8 housing is unclear, HUD plans to issue implementing regulations for section 8 housing; and (9) an amendment to the act would clarify HUD responsibility and provide it with clear policy guidelines for implementing the legislation.

Recommendations

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