In accordance with a new lead-based inspection law, the New Jersey Department of Community Affairs has issued guidelines and a frequently asked questions page (links below). The law requires that all rental dwelling units (required to be inspected) must be inspected for lead-based paint within two years of the law taking effect on July 22, 2022, or upon tenant turnover, whichever is earlier. This means that the first inspection must take place no later than July 22, 2024. This new law is not currently tied to time-of-sale requirements.
After the initial inspection, all units shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate. Lead-safe certificates are valid for two years. If the lead-safe certificate has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection.
In all scenarios, the next inspection should be scheduled three years from the date of issuance of the most recent valid lead-safe certification. Please see the helpful resources below for a link to the form.
- Rental properties subject to the new law must be inspected for lead-based paint within two years of the law taking effect on July 22, 2022, or upon tenant turnover, whichever is earlier.
- The type of inspection will depend on the lead levels in children in the municipality where a rental is located
- Properties where lead is found during an inspection will need to undergo remediation, either to make it lead safe or lead free
- The type of remediation will determine if future inspections are required
- Measures to temporarily make a property free of lead paint will make it lead safe
- Measures to completely eliminate lead paint will make it lead free
Properties Subject to New Lead Paint Law
- Single-Family Residential Rental Homes Built Before 1978
- Two-Family Residential Rental Homes Built Before 1978
Properties Not Subject to New Lead Paint Law
- Homes Built During or After 1978
- One and Two-Family Seasonal Rental Dwellings Rented for Less than 6 Months that Do Not Have Consecutive Lease Renewals
- Dwellings Certified to be Free of Lead Paint
- This new law is not currently tied to time-of-sale requirements.
- The New Jersey Department of Community Affairs (DCA) Q&A on the new law: https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html
- Lead-Based Paint in Rental Dwellings Comprehensive Guide: https://www.nj.gov/dca/divisions/codes/resources/pdfs/Guide%20to%20Lead-Based%20Paint%20in%20Rental%20Dwellings,%20P.L.2021,%20c.182.pdf
- Lead Safe Certification Form: https://www.nj.gov/dca/divisions/codes/resources/pdfs/Lead%20Safe%20Certificatation%20-%20Fillable.pdf