New Jersey Lead Law Update (FAQ Series): Are There Any Exemptions from the lead law?

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 there any exemptions from the lead law?

Answer:  Below are “exemptions” from the New Jersey Lead-Based Paint Law:

• Built during or after 1978

• Have an existing “Lead Free” certification

• Have an existing “Lead Safe” Certification (expires 2 years from issue date)

• Single Family Rentals/2 Family Seasonal Rentals – less than 6 months each year by tenants/ non-consecutive lease rentals – Does not apply to seasonal multiple dwellings

• Multi-Unit (triplex or larger) rental dwellings registered w/DCA for ten years and have no outstanding lead violations from the most recent cyclical inspection.  Has a Certificate of Inspection from DCA; Does not have an outstanding violation for paint

*Important note to landlords/real estate agents:

Just because a municipality has not yet communicated about the NJ Lead Based Paint Law, and/or is not conducting these inspections, as per the State law, a lead-safe certificate is still required for ALL residential rental properties.

As such, it is the responsibility of the landlord to hire an outside NJ Certified Risk Assessor (like Lead Testing Services LLC) to complete the lead test prior to tenant turnover (either a new tenant or lease renewal) or by no later than July 22, 2024.

We hope this information is useful/of interest to you and appreciate your continued business.