CERTIFIED
EXEMPTIONS
HUD Exemptions
Fred's Lead will help you receive Lead Paint Exemption status.
You can qualify for these Exemptions on a unit to unit basis or for your common areas. Fred's will help you receive these exemptions as you abate or encapsulate your lead paint.
Owner Responsibilities Without Exemption
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Exemptions are advantageous to have because they reduce or eliminate the need for all the annual notices, abatement requirements, and the need to keep 10 years of this paperwork. Here's a review of what your responsibilities are without any exemptions according to local Law 1 of 2004 and Local Law 33 of 2021:
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Yearly Notification - Issue annual notices to tenants to determine if there are any children under the age of 6 residing in any unit (spending at least 10 hours per week).
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Inspection - Conduct yearly inspections for lead paint in all units where a child under 6 lives to identify any potential lead-based paint hazards. Additionally, perform turnover inspections whenever a unit becomes vacant.
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Correction - Address any lead-based paint hazards identified during annual or turnover inspections, as well as in response to tenant complaints.
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Documentation - Maintain records of all distributed and collected annual notices, completed inspections, remediation work, turnover activities, and documentation of work practices. If audited by HPD, these records must be submitted within 45 days.
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XRF Testing - per Local Law 31 of 2020 - Engage an EPA-certified inspector or risk assessor to conduct X-Ray Fluoroscopy (XRF) testing for lead-based paint in ALL rental units by August 9, 2025, or within 1 year for units with a child under 6 present.
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Lead Free Exemption
A "Lead Free" Exemption will end your requirements to keep all records, notices, resulting you from any chance of an audit.
Lead - Free means ALL lead paint has been confirmed to have been abated. This means that your pre-1960 home has had all lead paint abated. Fred's Lead provides all testing, applications, and certifications to submit for this Exemption.
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Lead - Safe Exemption
To become "Lead Safe", you can either encapsulate the lead paint of cover all lead painted surfaces with dry wall, though that can be costly.
Encapsulation is the process of covering the lead-based paint with an encapsulant. This requires using a special liquid coating over the surface. This coating can be referred to as an “encapsulant” or “lead encapsulating paint.”
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The encapsulant bonds to the surface and forms a barrier that prevents lead dust or paint chips from chipping. As a result, safely encapsulation no longer is a danger to children and adults.
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Encapsulation will allow you to receive a Lead Safe Exemption. It’s less costly and quicker than complete abatement. The disadvantage is that the encapsulated surface will still need to be checked annually. Inspections are still necessary.
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Additionally, you will need to hire a Lead Risk Assessor to prepare a “Monitoring Plan” to keep your Lead Safe Status. This plan will require Biannual Inspections from an EPA Lead Risk Assessor. Fred’s Lead can prepare all the paperwork and make sure the Monitoring Plan is kept current.
Fred's Lead will do the legwork for a Lead Safe or Lead Free Exemption. After you have made any unit or common area Lead Safe or Lead Free, we will perform all testing and submit the paperwork to HUD. You can get exemptions for one or more units and can apply for an exemption for common areas.
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