The Trainer

LEASING TO EMANCIPATED MINORS; COMPLYING WITH LEAD-PAINT RULES

In this month's feature, we discussed how to deal with applications from emancipated minors. The HUD Handbook doesn't provide much guidance, and state laws regarding minors vary. But leasing to an underage applicant who's not qualified—or denying a lease to a minor who is qualified—can get you into trouble.

LEASING TO EMANCIPATED MINORS; COMPLYING WITH LEAD-PAINT RULES

In this month's feature, we discussed how to deal with applications from emancipated minors. The HUD Handbook doesn't provide much guidance, and state laws regarding minors vary. But leasing to an underage applicant who's not qualified—or denying a lease to a minor who is qualified—can get you into trouble.

In our article on HUD's recent notice about complying with HUD's and the EPA's overlapping requirements for dealing with lead-based paint, we summarized the three main rules: the EPA's Lead-Based Paint Renovation, Repair and Painting (RRP) Rule, HUD's Lead Safe Housing Rule (LSHR), and the EPA-HUD Lead Disclosure Rule (LDR). We described how the EPA enforces the rules and fines noncompliant owners, and gave examples of potential compliance pitfalls.

 

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Before setting your site's policy for leasing to emancipated minors, you should get a written statement of policy from:

  1. Your attorney.

  2. Your HUD field office or contract administrator.

  3. Your state housing finance agency.

QUESTION #2

It's your site's policy to accept applications from emancipated minors. When an applicant claims to be an emancipated minor, you should ask for what documentation as proof?

  1. A copy of a letter from the local Social Security office verifying his emancipation.

  2. A copy of a court-issued emancipation order, or a copy of a letter from the state social services agency verifying that he has been released from foster care or is no longer a ward of the state.

  3. A copy of a court-issued emancipation order, or a copy of his marriage certificate, if your state allows emancipation through marriage.

QUESTION #3

Having a written site policy on emancipated minors in your resident selection plan is useful because:

  1. It gives you an opportunity to train your staff.

  2. It ensures consistency in how you treat minor applicants.

  3. It can help protect your site from discrimination lawsuits.

  4. All of the above.

QUESTION #4

The income of emancipated minors should be included in household income when they are the household head, co-head, or spouse. True or false?

  1. True.

  2. False.

QUESTION #5

The owner of a property built before 1978 must issue a written statement that:

  1. Informs residents about the hazard of lead-based paint.

  2. Discloses to residents the presence of any known lead-based paint and or lead-based paint hazards in the unit, common areas servicing the unit, and exterior areas; or states that the owner has no knowledge of the presence of any lead-based paint and/or lead-based paint hazards.

  3. Lists any related records or reports available about lead paint-related activity and/or remediation at the site.

  4. Includes the EPA-approved brochure “Protect Your Family from Lead in Your Home.”

  5. All of the above.

QUESTION #6

When the LSHR and RRP Rule overlap, you must follow the one with the more stringent requirements—generally, the LSHR. True or false?

  1. True.

  2. False.

QUESTION #7

Since lead paint poses the greatest risk to young children, owners can avoid having to comply with the lead-paint rules by refusing to rent to families with children under age 6, or by requiring parents to provide information about their child's blood lead levels. True or false?

  1. True.

  2. False.

 

ANSWERS and EXPLANATIONS

 

QUESTION #1

Correct answer: b

To protect yourself against the risks of leasing to minors, you should get a written statement from your local HUD field office or contract administrator on its position toward minor heads, co-heads, or spouses. Local policies vary, so it's wise to have something in writing before setting your own policy on accepting or denying applications from emancipated minors.

QUESTION #2

Correct answer: c

To verify that the applicant meets your state's legal requirements for emancipation, get a copy of the emancipation order or, if your site is in a state where marriage alone is sufficient, get a copy of the marriage certificate.

QUESTION #3

Correct answer: d

A written policy not only ensures that your staff has access to your site's rules for handling applications from emancipated minors if there's ever a question, but helps them treat all emancipated minors the same, thus reducing the potential for discrimination claims.

QUESTION #4

Correct answer: a

True. This is an exception to HUD's usual policy that the earned income of household members under the age of 18 isn't counted in household income. In some instances, however, households may include emancipated minors who aren't the head, co-head, or a spouse of either. In these cases, the ordinary rule applies. The earned income of dependent emancipated minors isn't counted in household income.

QUESTION #5

Correct answer: e

These are the requirements under the Lead Disclosure Rule, which apply to both federally assisted and private housing built before 1978, with few exceptions.

QUESTION #6

Correct answer: a

True. HUD's LSHR is generally more stringent than the EPA's RRP requirements for paint testing, worker certification, worksite clearance, and management of units where a child with lead poisoning has been identified. Whenever more than one federal rule applies, the most protective section applies. Additionally, if state or local law, ordinance, code, or regulation defines lead-based paint differently than the federal definition, the more protective definition must be followed in that jurisdiction.

QUESTION #7

Correct answer: b

False. Such policies violate the Fair Housing Act and medical privacy standards.

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