Summary of Federal Laws

 

Environmental Laws

 

Residential Lead-Based Paint Hazard Reduction Act of 1992

 

42 U.S.C. § 4851 et seq.; 24 C.F.R. § 35.80 et seq., and 40 C.F.R. § 745.100 et seq.

Regulations on the use of lead-based paint in housing may be found at 61 Fed. Reg. 9064 (Mar. 6, 1996). Regulations apply to owners of more than four residential housing units. The units must have been built before 1978.

Dormitories are exempt if the units are "0-bedroom dwellings," defined as any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings. See 40 C.F.R. § 745.103 and 24 CFR § 35.80. If the dormitory rooms combine living/sleeping areas, they are clearly exempt. If the rooms are suites in which living and sleeping areas are separated, such units are probably exempt. EPA's guidance states as follows: "The rules excludes ‘0-bedroom dwellings.’ The definition of ‘0-bedroom dwelling’ includes ‘rentals of individual rooms in residential dwellings,’ and EPA and HUD believe that the rentals of rooms in fraternity and sorority houses generally fit that model and would be exempt. The definition of ‘0-bedroom dwelling’ also specifically includes dormitory housing, which would encompass typical dormitory suites. However, married student housing and university-owned apartments typically are not ‘0-bedroom dwellings’ and would be covered by the rule if they met the other criteria for target housing set out in the rule." This guidance is advisory only, and is not binding on the agency. Also, dormitories are not exempt if they are receiving federal monies as a federally-assisted project. The new HUD regulations (consolidated at 24 C.F.R. Part 35 and effective September 15, 2000) pertain to abatement of lead hazards in target housing that is federally assisted. For more on the lead based paint disclosure rule requirements click here.

 

Updated 4/18/00
Updated 4/18/2001 to add link to HUD site.
links updated 6/18/08 rab
CFR updated 11/10/08 RAB

Updated 03/18/09 PK