HUD recently published a notice modifying its elevated blood lead level (EBLL) threshold, reducing it to 3.5 micrograms of lead per deciliter of blood (µg/dL) for a child under the age of 6. This change aligns with updated CDC recommendations and aims to enhance the protection of children living in HUD-assisted housing. HUD had maintained an EBLL threshold of 5 µg/dL, even though the Centers for Disease Control and Prevention (CDC) had lowered its Blood Lead Reference Value (BLRV), the term it uses instead of EBLL, to 3.5 µg/dL in May 2021.

The recently published notice establishes a phased compliance approach, requiring HUD-assisted housing to meet the new EBLL standard by April 17, 2025, in states, territories, and local jurisdictions where the blood lead action threshold is already at or below the CDC’s current BLRV. In areas where the action threshold is higher than the CDC’s BLRV or where no threshold exists, compliance is required by July 16, 2025. Initially, HUD proposed a universal six-month compliance deadline but revised this approach in favor of a two-tiered system, allowing for a 90-day and a 180-day compliance period depending on existing local standards.

HUD determined that six months was unnecessary in cases where owners had already been aware of the CDC’s level since 2021, had access to existing training materials on HUD Exchange, and operated in jurisdictions that had already adopted equal or more stringent standards. However, in areas without pre-existing standards or where thresholds exceeded the CDC’s BLRV, HUD concluded that additional time was necessary, granting a 180-day period for compliance.

How to Respond to EBLL Notifications

There are four steps you must take when a child is found to have an EBLL at or above the new threshold at your site:

Verify and provide notice. Once an EBLL case for a child under 6 in an assisted housing unit is reported, verification and notice requirements are triggered. If the original EBLL report didn't come from a health care provider or local public health department, you need to immediately verify the child's blood lead level with one of those sources. The verification doesn't need to be written verification. If there's no response, HUD must be contacted for assistance in obtaining verification. Even if the child has moved out of the unit by the time the verification occurs, the response requirements still apply to that unit.

Within five business days of verification, you must inform the local health department, the HUD Field Office, and the Office of Lead Hazard Control and Healthy Homes (leadregulations@hud.gov). These notifications should be sent via email but must not contain personally identifiable information such as the child’s name or test results unless they are securely transmitted.

Conduct environmental investigation. Once verification is complete, the next step is to conduct an Environmental Investigation (EI) within 15 calendar days. A certified risk assessor must inspect the affected unit, known as the index unit, to determine whether lead-based paint hazards or other sources of lead exposure are present. The investigation will assess potential risks in paint, dust, soil, and water, ensuring a comprehensive approach to identifying hazardous conditions. If the local health department has already conducted an evaluation, its findings may be used to meet this requirement.

Following the investigation, the owner must notify both HUD and the occupants of the affected unit about the results. This notification must be provided within 10 business days to HUD and within fifteen calendar days to the residents.

If lead hazards are identified, all assisted residents in the property must be informed that an investigation was conducted, while ensuring that the specific identity of the child remains confidential. The owner must also assess other assisted units in the building where children under 6 live or are expected to reside.

The timeline for these additional risk assessments depends on the size of the property. For buildings with 20 or fewer assisted units, risk assessments must be completed within 30 days. For larger properties with more than 20 assisted units, the time frame extends to 60 days. If lead hazards are found in these additional units, remediation must be completed within either 30 or 90 days, depending on the property size. There is an exception to the requirement for additional risk assessments if the owner can provide documentation that the assisted units have already undergone lead-based paint evaluations and hazard control measures within the previous 12 months, then further assessments may not be necessary.

Perform necessary repairs. Addressing identified lead hazards is a critical next step. Any lead-based paint hazards found in the index unit must be controlled or eliminated within 30 calendar days of receiving the EI results.

Remediation must be performed by a certified lead abatement or renovation firm, and the work is not considered complete until a clearance examination confirms that the hazards have been properly addressed. The clearance results must be submitted to HUD within 10 business days and shared with the affected residents within 15 calendar days.

Keep all records. Proper recordkeeping is essential. All records must be retained for the life of the site and disclosed. These records include all EBLL response actions, notifications, and remediation efforts.