Lead Law Update (FAQ Series): Are buildings containing dwelling units all of which are leased to students enrolled in a college or university degree program EXEMPT?

We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) forum for you as you desire to become more informed of the Lead Law and its complexity.

This week we are featuring a common question:

Question: Are buildings containing dwelling units all of which are leased to students enrolled in a college or university degree program EXEMPT?

Answer: Univeristy housing is not specifically exempted.

Most dormitories will be covered by the DCA multiple dwelling exemption. It’s important to note that this exemption only applies if the property "has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.)".

It is also unlikely that the exemption for seasonal rental properties will apply as most univsersity student’s leases extend over a period greater than 6 months.