High-risk Areas and Communities

DPH shall designate High-risk Areas and Communities based upon the following criteria: 1/27/17 (Mass. Register #1331) 14.03: continued (a) the incidence of childhood lead poisoning reported in the previous five years; (b) the proportion of residential housing stock containing lead paint hazards; (c) the proportion of residents of low and moderate income; and (d) prior efforts of appropriate agencies and organizations to promote and carry out preventative measures to alleviate lead hazards. (1) The LPALP application process and administrative procedures shall be established by MHFA in the Operations Manual, provided that the Operations Manual and all amendments thereto shall be approved by DHCD. (2) The following may apply to DHCD to be selected as Eligible Agencies and Organizations, which may distribute LPALP funds: (a) community action agencies; (b) redevelopment agencies; (c) local or regional nonprofit community and housing agencies; (d) appropriate municipal and nonprofit agencies and organizations; and (e) appropriate lending institutions. (3) Each agency or organization wishing to be selected as an Eligible Agency or Organization must apply to DHCD on a form provided by DHCD. DHCD shall forward one copy of each application received to the Lead Poisoning Control Director so that the Commissioner of DPH and the Lead Poisoning Control Director may have the opportunity for review and comment. (4) Each application shall include a proposed plan to reduce lead paint hazards, which shall contain: (a) the applicant's name, address, and telephone number; (b) a description of the area in which work is to be completed and the type of housing that will be targeted; (c) a description of the applicant's past rehabilitation or abatement activities; and (d) a list of other sources of funds to be used in conjunction with LPALP funds. (5) DHCD shall select and prepare a list of Eligible Agencies and Organizations. (6) Periodically, MHFA shall establish administrative fees, including loan processing fees, to be paid by Eligible Agencies and Organizations. (1) All LPALP loans shall be used for lead paint abatement and containment activities in compliance with the Massachusetts Lead Law, M.G.L. c. 111, §§ 190 through 199B. (2) LPALP loans shall be made only to owners of dwelling units in which low or moderate income persons or families reside or will reside immediately after abatement or containment. (3) MHFA shall publish the terms and conditions of LPALP loans in the Operations Manual, provided that: (a) such terms and conditions shall be based upon income level criteria; (b) borrowers may be permitted to defer loan repayment until sale, transfer, or refinancing of the property; and (c) the rate of interest shall not exceed the maximum rate set in the Operations Manual subject to approval of DHCD, provided that this maximum rate may be increased upon written authorization by the Undersecretary of DHCD or his or her designee. (4) Not less than ½ of the funds allocated for the LPALP shall be distributed to agencies and organizations serving high-risk areas and communities. The Undersecretary of DHCD or his or her designee may waive in writing any provision of 760 CMR 14.00 not otherwise required by M.G.L. c. 111, § 197E when the Undersecretary of DHCD or such designee determines that such action is in the public interest.