We audited the Buffalo Municipal Housing Authority’s (Authority) management of lead‐based paint in its public housing program based on our assessment of the risks of lead‐based paint in public housing. We selected the Authority based on our assessment of the risks of lead‐based paint in public housing agencies’ (PHA) housing developments, including the age of buildings, the number of units, household demographics, and reported cases of childhood lead poisoning. The audit objectives were to determine whether the Authority (1) complied with HUD’s requirements for children with elevated blood lead levels (EBLL) and (2) adequately managed lead‐based paint and lead‐based paint hazards in its public housing units.
The Authority did not report three confirmed cases of children with EBLLs and the results of the environmental investigations to HUD. The Authority also did not (1) adequately address lead-based paint hazards identified by the environmental investigations of the units where two of the three children with confirmed EBLLs resided, and (2) notify tenants that resided in other units in those same buildings of lead-based paint hazard reduction activities. The Authority did not maintain sufficient documentation to support that one of its developments was lead free. Further, of our sample of 69 units that contained lead-based paint, we determined that the Authority (1) could not support that it had consistently performed visual assessments for more than 94 percent of the units, and (2) did not provide accurate and complete lead disclosures to tenants residing in nearly 67 percent of the units, including three units with children that had confirmed EBLLs. In addition, the Authority did not complete a risk assessment for a development that contained lead-based paint and ensure that its lead-based paint inspection and risk assessment reports for all 69 units included required information. The Authority’s failure to report the EBLL cases to HUD prevented HUD from monitoring the Authority’s actions in resolving its EBLL cases to ensure compliance with the LSHR. Additionally, the Authority’s (1) delays in mitigating lead-based paint hazards prolonged families’ exposure to lead-based paint hazards, and (2) failure to notify tenants of hazard-reduction activities prevented tenants from receiving necessary information to take precautions to protect themselves and their families from serious health risks associated with exposure to lead-based paint hazards. Further, the Authority’s lack of oversight of lead-based paint in its housing units potentially increased the risk of families being exposed to lead-based paint hazards, particularly families with children under 6 years of age.
The issues related to reporting to HUD and tenant notification occurred because the Authority did not have policies and procedures for managing cases of children with EBLLs and associated units. Further, the Authority was not knowledgeable of HUD’s EBLL requirements, even though HUD had published procedures in the Lead Safe Housing Rule (LSHR) and issued an Office and Public and Indian Housing (PIH) Notice regarding PHA requirements for children with EBLLs. Further, the Authority lacked adequate policies, procedures, and controls to ensure that it complied with the requirements of the LSHR for managing lead-based paint in its housing units.
We recommend the Director of the Buffalo Office of Public Housing require the Authority to (1) implement procedures and controls to ensure that confirmed EBLL cases and environmental investigations are reported to HUD, (2) implement procedures and controls to ensure that lead-based paint hazard reduction work is completed within the required 30 calendar day timeframe for units with confirmed EBLLs, (3) implement procedures and controls to ensure that tenants are notified of hazard reduction activities to address lead-based paint hazards, (4) perform a search for historical lead-based paint documentation to support the lead free status of its units and the associated development, and if adequate documentation is not found, complete a lead-based paint inspection of the development to determine whether it is lead free, and (5) implement procedures and controls to ensure that visual assessments for lead-based paint are completed at least every 12 months, and risk assessments are completed when required. We also recommend the Director of the Buffalo Office of Public Housing work in conjunction with HUD’s Office of Lead Hazard Control and Healthy Homes to (1) provide training for the Authority’s staff on the management of EBLL cases, including technical assistance on developing procedures and controls to ensure EBLLs are managed in accordance with HUD’s requirements, (2) provide training for the Authority’s staff on the management of lead-based paint, including technical assistance with developing and implementing procedures and controls to ensure compliance with HUD’s lead-based paint requirements, and (3) assess whether the lead-based paint inspection and risk assessment reports with missing required elements are still sufficient to support the lead-based paint status of the Authority’s properties.
