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5/05 <br />(iii) SUBRECIPIENT shall comply with the applicable provisions <br />of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs. as to all <br />tenant -based long term housing assistance, i.e., assistance to persons/households residing in <br />housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an <br />assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs <br />require evidence of compliance prior to occupancy. Funding to be provided hereunder is condi- <br />tioned upon evidence of compliance. <br />(1) Subpart M applies to all dwelling units occupied to be <br />occupied by families or households that have one or more children of less than 6 years of age, as <br />well as the common areas servicing such dwelling units, and exterior painted surfaces associated <br />with such dwelling units or common areas. LBP compliance requirements relating to such dwel- <br />ling units includes, without limitation: notification, evaluation by visual assessment, paint stabi- <br />lization utilizing safe work practices, and clearance. <br />(2) CITY advises SUBRECIPIENT that in the event the <br />services provided hereunder include rental assistance payments, such as first and last month's <br />rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy, in- <br />cluding occupancy in the same dwelling unit for more than 100 days, then the provisions of Sub- <br />part M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed by <br />HUD). In this regard, CITY advises SUBRECIPIENT that Subpart M requires HQS inspection <br />of each dwelling unit prior to occupancy and prior to compliance with applicable notification, <br />evaluation by visual assessment, reduction through paint stabilization utilizing safe work practic- <br />es, and clearance requirements of the LBP BEGS. <br />(e) Lead Hazard Reduction Work. SUBRECIPIENT shall cause LBP hazard <br />reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all <br />residential property that is under its ownership, possession, or control and/or residential property <br />occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, <br />except as exempted as described in subsection 4(d)(1)(1) above. <br />(1) If paint stabilization occurs, SUBRECIPIENT shall cause paint stabi- <br />lization of each deteriorated surface and clearance of residential units pursuant to Section <br />35.1330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is <br />occupied, immediately after receipt of the ESG FUNDS hereunder. <br />(2) Safe Work Practices shall be used in all LBP hazard reduction work. <br />(3) Clearance shall be conducted to confirm that no LBP hazards remain <br />when LBP hazard reduction work is complete. Confirmation of clearance by written certification <br />of a qualified inspector is required on an annual basis in connection with submittal of the April <br />15 quarterly report. <br />(f) Ongoing Maintenance. SUBRECIPIENT shall incorporate ongoing LBP <br />maintenance activities into regular building operations in accordance with Section 35.1355(a) for <br />