If a renovation is to be performed on a common area in a pre-1978 building that contains a mix of studio apartments (0-bedroom dwellings) and apartments with one or more bedrooms, what pre-renovation education requirements would apply?

With respect to apartments with 1 or more bedrooms, the renovator must provide written notification to an adult occupant of each dwelling no more than 60 days before any renovation activity commences. See 40 CFR 745.84(b)(2). As a reminder, notice of renovation activities in common areas may be provided to affected tenants by posting signs. Signs must be posted while the renovation is ongoing, describe the general nature and locations of the renovation and the anticipated completion date, and be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants.

The studio apartments, however, are exempt from the Lead Renovation, Repair and Painting Rule because they fall under the definition of a 0-bedroom dwelling: a residential dwelling in which the living area is not separated from the sleeping area. Therefore, the renovator is not required provide the studio apartment occupants with notice of the common area renovation.

As a practical matter, occupants of 0-bedroom dwelling are likely to receive notice anyways, given the preference for providing notification for common area renovations by posting signs.

Question Number: 23002-32365

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