On September 11, 2024, HUD published a Federal Register notice seeking public input on a proposed revision to its elevated blood lead level (EBLL) threshold for children in HUD-assisted housing. The proposed change would lower the threshold from 5 µg/dL to 3.5 µg/dL, aligning with CDC guidelines. This HUD elevated blood lead level threshold revision aims to improve child safety in housing built before 1978.
What the HUD Elevated Blood Lead Level Threshold Revision Means
Under current HUD guidelines, when a child under the age of six living in HUD-assisted housing is confirmed to have an EBLL of 5 µg/dL or higher, property owners, managers, and Public Housing Agencies (PHAs) are required to conduct environmental investigations and lead hazard control efforts in the home. The new proposal would lower the threshold to 3.5 µg/dL, resulting in more proactive interventions in homes that may contain lead-based paint or other lead-related risks.
This change would impact all pre-1978 HUD-assisted housing, which is considered “target housing” due to the risk of lead-based paint. The Lead Safe Housing Rule, codified in 24 CFR part 35, mandates that property owners take action to identify and mitigate lead hazards when children under six are affected by elevated lead levels.
The Need for Change
Research consistently shows that even low levels of lead exposure can harm children’s development, affecting cognitive function, attention span, and academic achievement. Lead exposure remains a serious risk in older housing, particularly for children under six, whose developing bodies are more vulnerable to the toxic effects of lead.
The CDC’s current BLRV of 3.5 µg/dL is based on data showing that blood lead levels have decreased significantly over the past few decades. This updated reference level represents the highest 2.5% of blood lead levels in U.S. children. HUD’s proposed revision follows this science, aiming to prevent lead exposure and safeguard the health of children in federally assisted housing.
Required Actions Under the New Rule
If HUD finalizes this HUD elevated blood lead level threshold revision, property owners, managers, and PHAs will need to act when a child’s blood lead level reaches or exceeds 3.5 µg/dL. Required responses include:
- Environmental Investigations: Lead hazard professionals will conduct assessments of the child’s home to identify potential sources of lead, such as deteriorating lead-based paint or lead dust.
- Hazard Control Measures: Responsible parties must address promptly through measures such as paint stabilization, lead-based paint removal, or other lead hazard control actions.
- Risk Assessments for Other Units: If property staff finds lead in one unit, the rule allows for additional risk assessments for other units in the building where children under age six reside.
How the New Blood Lead Level Threshold Will Impact HUD-Assisted Housing
Lowering the EBLL threshold will likely lead to an increase in environmental investigations and lead remediation efforts in HUD-assisted housing. While this may impose additional responsibilities on property owners and managers, the long-term benefits of preventing childhood lead poisoning outweigh the costs.
HUD has indicated that it may establish a six-month compliance period for the new threshold, giving property owners and PHAs time to update their processes and procedures to meet the new requirements. It is essential that housing providers prepare for this transition to ensure they remain compliant and continue to provide safe, lead-free environments for their residents.
HUD is seeking public comments on this proposed HUD elevated blood lead level threshold revision until October 11, 2024. Stakeholders, including property owners, housing managers, public health professionals, and community advocates, should submit feedback through the Federal eRulemaking Portal at www.regulations.gov. HUD wants to know whether the proposed 3.5 µg/dL threshold is appropriate and how it might affect housing providers and residents.
For further information or questions about the notice, you can contact Dr. Warren Friedman at warren.friedman@hud.gov.
A Growing Understanding
HUD’s proposed revision of the EBLL threshold reflects a growing understanding of the dangers posed by lead exposure, particularly for young children. By lowering the threshold to 3.5 µg/dL, HUD aligns its housing policies with current CDC guidelines and takes another step toward eradicating lead hazards from federally assisted housing. Stakeholders should review this proposal carefully and consider its implications for their housing programs and the families they serve.
Make Your Voice Heard
The public comment period ends on October 11, 2024. Make your voice heard and contribute to the future of child safety in HUD-assisted housing. For more information, visit the Federal eRulemaking Portal or contact Dr. Warren Friedman.
