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42 U.S.C. § 4852c — Grants for lead-based paint hazard reduction in target housing
Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria—
(1) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level;
(2) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; and
(3) notwithstanding paragraphs (1) and (2), Round II grantees who receive assistance under this section may use such assistance for priority housing.
**(b) Eligible applicants** A State or un
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4852c
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Source file: Laws/federal/codes/united-states-code/title-42/section-4852c-grants-for-lead-based-paint-hazard-reduction-in-target-housing--b05fc07c84.md
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Source location: Title 42, Chapter 63A, § 4852c; chapter-63a-residential-lead-based-paint-hazard-reduction.md
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**(a) General authority** The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria—
(1) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level;
(2) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; and
(3) notwithstanding paragraphs (1) and (2), Round II grantees who receive assistance under this section may use such assistance for priority housing.
**(b) Eligible applicants** A State or unit of local government that has an approved comprehensive housing affordability strategy under [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim) is eligible to apply for a grant under this section.
**(c) Form of applications** To receive a grant under this section, a State or unit of local government shall submit an application in such form and in such manner as the Secretary shall prescribe. An application shall contain—
(1) a copy of that portion of an applicant’s comprehensive housing affordability strategy required by section 12705(b)(16) 11 See References in Text note below. of this title;
(2) a description of the amount of assistance the applicant seeks under this section;
(3) a description of the planned activities to be undertaken with grants under this section, including an estimate of the amount to be allocated to each activity;
(4) a description of the forms of financial assistance to owners and occupants of housing that will be provided through grants under this section; and
(5) such assurances as the Secretary may require regarding the applicant’s capacity to carry out the activities.
**(d) Selection criteria** The Secretary shall award grants under this section on the basis of the merit of the activities proposed to be carried out and on the basis of selection criteria, which shall include—
(1) the extent to which the proposed activities will reduce the risk of lead-based paint poisoning to children under the age of 6 who reside in housing;
(2) the degree of severity and extent of lead-based paint hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage State, local, and private funds to supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed activities; and
(5) such other factors as the Secretary determines appropriate to ensure that grants made available under this section are used effectively and to promote the purposes of this chapter.
**(e) Eligible activities** A grant under this section may be used to—
(1) perform risk assessments and inspections in housing;
(2) provide for the interim control of lead-based paint hazards in housing;
(3) provide for the abatement of lead-based paint hazards in housing;
(4) provide for the additional cost of reducing lead-based paint hazards in units undergoing renovation funded by other sources;
(5) ensure that risk assessments, inspections, and abatements are carried out by certified contractors in accordance with [section 2682 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2682&num=0&edition=prelim);
(6) monitor the blood-lead levels of workers involved in lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced to vacate housing while lead hazard reduction measures are being conducted;
(8) educate the public on the nature and causes of lead poisoning and measures to reduce exposure to lead, including exposure due to residential lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead levels of children under the age of 6 residing in housing after lead-based paint hazard reduction activity has been conducted, to assure that such activity does not cause excessive exposures to lead; and
(10) carry out such other activities that the Secretary determines appropriate to promote the purposes of this chapter.
**(f) Forms of assistance** The applicant may provide the services described in this section through a variety of programs, including grants, loans, equity investments, revolving loan funds, loan funds, loan guarantees, interest write-downs, and other forms of assistance approved by the Secretary.
**(g) Technical assistance and capacity building**
(1) **In general** — The Secretary shall develop the capacity of eligible applicants to carry out the requirements of section 12705(b)(16) 1 of this title and to carry out activities under this section. In fiscal years 1993 and 1994, the Secretary may make grants of up to $200,000 for the purpose of establishing State training, certification or accreditation programs that meet the requirements of [section 2682 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2682&num=0&edition=prelim).
(2) **Set-aside** — Of the total amount approved in appropriation Acts under subsection (o), there shall be set aside to carry out this subsection $3,000,000 for fiscal year 1993 and $3,000,000 for fiscal year 1994.
**(h) Matching requirement** Each recipient of a grant under this section shall make contributions toward the cost of activities that receive assistance under this section in an amount not less than 10 percent of the total grant amount under this section.
**(i) Prohibition of substitution of funds** Grants under this subchapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this subchapter.
**(j) Limitation on use** An applicant shall ensure that not more than 10 percent of the grant will be used for administrative expenses associated with the activities funded.
**(k) Financial records** An applicant shall maintain and provide the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this section.
**(l) Report** An applicant under this section shall submit to the Secretary, for any fiscal year in which the applicant expends grant funds under this section, a report that—
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number of inspections conducted in residential dwellings;
(3) states the number of residential dwellings in which lead-based paint hazards have been reduced through interim controls;
(4) states the number of residential dwellings in which lead-based paint hazards have been abated; and
(5) provides any other information that the Secretary determines to be appropriate.
**(m) Notice of Funding Availability** The Secretary shall publish a Notice of Funding Availability pursuant to this section not later than 120 days after funds are appropriated for this section.
**(n) Relationship to other law** Effective 2 years after the date of promulgation of regulations under [section 2682 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2682&num=0&edition=prelim), no grants for lead-based paint hazard evaluation or reduction may be awarded to a State under this section unless such State has an authorized program under [section 2684 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2684&num=0&edition=prelim).
**(o) Environmental review**
(1) **In general** — For purposes of environmental review, decisionmaking, and action pursuant to the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and other provisions of law that further the purposes of such Act, a grant under this section shall be treated as assistance under the HOME Investment Partnership 22 So in original. Probably should be “Partnerships”. Act, established under title II of the Cranston-Gonzalez National Affordable Housing Act [[42 U.S.C. 12721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12721&num=0&edition=prelim) et seq.], and shall be subject to the regulations promulgated by the Secretary to implement section 288 of such Act [[42 U.S.C. 12838](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12838&num=0&edition=prelim)].
(2) **Applicability** — This subsection shall apply to—
(A) grants awarded under this section; and
(B) grants awarded to States and units of general local government for the abatement of significant lead-based paint and lead dust hazards in low- and moderate-income owner-occupied units and low-income privately owned rental units pursuant to title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139, 105 Stat. 736).
**(p) Authorization of appropriations** For the purposes of carrying out this chapter, there are authorized to be appropriated $125,000,000 for fiscal year 1993 and $250,000,000 for fiscal year 1994.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress affirms the national goal that every American family be able to afford a decent home in a suitable environment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12701
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide assistance directly to a jurisdiction only if—
(1) the jurisdiction submits to the Secretary a comprehensive housing affordability strategy (hereafter in this section referred to as the “housing strategy”);
(2) the jurisdiction submits annual updates of the housing strategy; and
(3) the housing strategy, and any annual update of such strategy, is approved by the Secretary.
The Secretary shall establish such dates and manner for the submission and approval of housing strategies under this section that the Secretary determines will facilitate orderly program management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chapter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide reasonable extensions of any deadlines for submission of a jurisdiction’s housing strategy.
**(b) Contents** A housing strategy submitted under this section shall be in a form that the Secretary determines to be appropriate for the assistance the jurisdiction may be provided and shall—
(1) describe the jurisdiction’s estimated housing needs projected for the ensuing 5-year period, and the jurisdiction’s need for assistance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for different categories of residents, such as very low-income, low-income, and moderate-income families, the elderly, persons with disabilities, single persons, large families, residents of nonmetropolitan areas, families who are participating in an organized program to achieve economic independence and self-sufficiency, persons with acquired immunodeficiency syndrome
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Audits of HOME Investment Partnerships program** The Comptroller General, when the Comptroller General deems it to be appropriate or when requested by the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Banking, Finance and Urban Affairs of the House of Representatives, shall conduct a full financial audit of the records of the HOME Investment Partnerships program for any fiscal year. The report of the Comptroller General shall be submitted promptly to the Secretary and the Congress and shall be published.
**(b) Audits of recipients** The financial transactions of participating jurisdictions and of other recipients of funds provided under this subchapter may, insofar as they relate to funds provided under this subchapter, be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such recipients pertaining to such financial transactions and necessary to facilitate the audit.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12838
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Federal law — U.S. Code and appendices · legal_authorities
Of the total amount approved in appropriation Acts under section 4852(o) 11 See References in Text note below. of this title, there shall be set aside to carry out this part $5,000,000 for fiscal year 1993, and $5,000,000 for fiscal year 1994.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4851
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval** Any State which seeks to administer and enforce the standards, regulations, or other requirements established under section 2682 or 2686 of this title, or both, may, after notice and opportunity for public hearing, develop and submit to the Administrator an application, in such form as the Administrator shall require, for authorization of such a State program. Any such State may also certify to the Administrator at the time of submitting such program that the State program meets the requirements of paragraphs (1) and (2) of subsection (b). Upon submission of such certification, the State program shall be deemed to be authorized under this section, and shall apply in such State in lieu of the corresponding Federal program under section 2682 or 2686 of this title, or both, as the case may be, until such time as the Administrator disapproves the program or withdraws the authorization.
**(b) Approval or disapproval** Within 180 days following submission of an application under subsection (a), the Administrator shall approve or disapprove the application. The Administrator may approve the application only if, after notice and after opportunity for public hearing, the Administrator finds that—
(1) the State program is at least as protective of human health and the environment as the Federal program under section 2682 or 2686 of this title, or both, as the case may be, and
(2) such State program provides adequate enforcement.
Upon authorization of a State program under this section, it shall be unlawful for any person to violate or fail or refuse to comply with any requirement of such program.
**(c) Withdrawal of authorization** If a State is not administering and enforcing a program authorized under this section in compliance with standards, regulations,
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2684
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.
**(b) Waiver** Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12721
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services (acting through the Director of the National Institute for Occupational Safety and Health), promulgate final regulations governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead-based paint activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified contractors, as such term is defined in [section 4851b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4851b&num=0&edition=prelim). The provisions of this section shall supersede the provisions set forth under the heading “Lead Abatement Training and Certification” and under the heading “Training Grants” in title III of the Act entitled “An Act making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, commissions, corporations, and offices for the fiscal year ending September 30, 1992, and for other purposes”, Public Law 102–139 [105 Stat. 765, [42 U.S.C. 4822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4822&num=0&edition=prelim) note], and upon October 28, 1992, the provisions set forth in such public law under such headings shall cease to have an
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2682
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General requirements**
(1) **Elimination of hazards** — The Secretary of Housing and Urban Development (hereafter in this section referred to as the “Secretary”) shall establish procedures to eliminate as far as practicable the hazards of lead based paint poisoning with respect to any existing housing which may present such hazards and which is covered by an application for mortgage insurance or housing assistance payments under a program administered by the Secretary or otherwise receives more than $5,000 in project-based assistance under a Federal housing program. Beginning on January 1, 1995, such procedures shall apply to all such housing that constitutes target housing, as defined in [section 4851b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4851b&num=0&edition=prelim), and shall provide for appropriate measures to conduct risk assessments, inspections, interim controls, and abatement of lead-based paint hazards. At a minimum, such procedures shall require—
(A) the provision of lead hazard information pamphlets, developed pursuant to [section 2686 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2686&num=0&edition=prelim), to purchasers and tenants;
(B) periodic risk assessments and interim controls in accordance with a schedule determined by the Secretary, the initial risk assessment of each unit constructed prior to 1960 to be conducted not later than January 1, 1996, and, for units constructed between 1960 and 1978—
(i) not less than 25 percent shall be performed by January 1, 1998;
(ii) not less than 50 percent shall be performed by January 1, 2000; and
(iii) the remainder shall be performed by January 1, 2002;
(C) inspection for the presence of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4822
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Federal law — U.S. Code and appendices · legal_authorities
Page 8451
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12721
the Cranston-Gonzalez National Affordable Housing
Act [Nov. 28, 1990].
‘‘(b) TASK FORCE.—To develop the plan, the Secretary
shall form a task force to make recommendation[s] on
financing energy efficiency in private mortgages,
through the policies of Federal agencies and federally
chartered financial institutions, mortgage bankers,
homebuilders, real estate brokers, private mortgage in-
surers, energy suppliers, and nonprofit housing and en-
ergy organizations. The task force shall include, but
not be limited to, individuals representing the Federal
Housing Administration mortgage programs of the De-
partment of Housing and Urban Development, the
Farmers Home Administration mortgage loan and in-
surance programs of Department of Agriculture, the
Federal Home Loan Mortgage Corporation, and the
Federal National Mortgage Association. The Task
Force shall determine whether notifying potential
home purchasers of the availability of energy efficient
mortgages would promote energy efficiency in residen-
tial buildings, and if so, the Task Force shall rec-
ommend appropriate notification guidelines, and agen-
cies and organizations referred to in the preceding sen-
tence are authorized to implement such guidelines.’’
ENERGY EFFICIENCY DEMONSTRATION
Pub. L. 101–625, title IX, § 961, Nov. 28, 1990, 104 Stat.
4424, directed Secretary of Housing and Urban Develop-
ment to establish a program to demonstrate various
methods of improving the energy efficiency of existing
housing, provided for funding, provided that the dem-
onstration determine appropriate design, improvement,
and rehabilitation methods and practices for increasing
residential energy efficiency in housing already con-
structed, and directed
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12721
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