New Lead-Based Paint Law Effective in New Jersey, Targets All Pre-1978 Rental Properties

New Jersey’s Lead-Safe Certification law is now in effect, adding new inspection requirements and safeguards for pre-1978 rental properties.

The newest lead-based paint law in New Jersey, known as “New Jersey’s Lead-Safe Certification,” went into effect on July 22, 2022. This law targets all rental properties built before 1978 and introduces new lead paint inspection intervals.

Landlords need to know that as of July 22, 2022, the state of New Jersey requires lead paint inspections for all targeted rental units. This law currently does not tie to time-of-sale requirements and requires re-inspection once every two years.

Exceptions to this requirement include residential units built in 1978 or later, units certified to be free of lead-based paint, seasonal single-family or two-family rentals, units in buildings with 3 or more units with no outstanding lead violations, and those with a lead-safe certification issued within the last two years.

Lead-Safe Certification inspections must be performed either by a municipal local agency, a NJ Department of Community Affairs (DCA) certified Lead Evaluation Contractor hired by the municipality, or directly by the property owner. In Boonton, however, only visual inspections are required.

If lead-based paint hazards are identified during inspection, the owner is obligated to remediate the hazard using approved methods. After remediation, the unit must be re-inspected before a lead-safe certification can be issued.

Owners are also required to provide lead-safe certifications and a history of tenant turnover during the DCA cyclical “5-year” inspection, and affix a copy of the certification to the tenant's lease. They must maintain a record of the lead-safe certifications obtained, including the tenant's name.

The law also provides guidelines for obtaining a Lead-Based Paint Free Certification. Landlords seeking this certification must use a firm that employs X-Ray Fluorescence (XRF) testing for lead paint inspections. If no lead-based paint is found, a “Lead-Based Paint Free certification” will be issued, exempting landlords from future inspections.

This new law empowers New Jersey landlords to take control of any lead-based paint concerns in their properties, providing a pathway to negate the need for future inspections.

Useful resources related to the new law include the State of NJ, DCA Lead Safe Home Page, the Lead-Based Paint in Rental Dwellings Guide, Lead Assistance Programs, and the Lead-Based Paint Law Webinar.

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