New Jersey Lead Law Update (FAQ Series): UPDATE - How Do I Know If My Property Needs To Be Lead Safe Certified?

In our continuing effort to effectively convey the nuances of the NJ Lead-Based Paint Law, below is an update to the information that was provided in a previous FAQ.

ALL rental properties in the state of New Jersey must be certified as lead safe.  This includes Single Family Homes, Duplexes, Triplexes, Quadruplexes and Multi Unit buildings.  Exemptions only apply as follows:

·       Dwellings that were constructed during or after 1978.                                    

·       Single-family and two-family seasonal rental dwellings which are rented for less than six-months duration each year by tenants that do not have consecutive lease renewals. This exemption for seasonal rental dwellings does not extend to seasonal multiple dwellings. 

·       Dwellings that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.16(b) either after an abatement is completed or an evaluation has confirmed that there is no lead-based paint in the dwelling. 

·       Multiple rental dwellings that have been registered with the Department of Community Affairs for at least ten years and have no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law” (N.J.S.A. 55:13A-1). Cyclical inspections currently occur every five years in multiple dwellings. 

This means that all multiple dwellings constructed prior to 1978 and registered with the Department for at least ten years that have a certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection, are exempt from this requirement. A certificate of inspection means there are no outstanding violations.

·       A multiple dwelling that has been registered with the Department for at least ten years with an open inspection that has no violations for paint is also exempt from this requirement.  

Open inspections means that inspections are ongoing to remediate violations during a cyclical inspection. This is because, during cyclical inspections, the Department cites paint violations, which includes flaking, loose, or peeling paint on any interior surfaces rather than lead violations. To ensure periodic lead-based paint inspections occur where needed, any open paint violations in a dwelling unit must be inspected pursuant to P.L.2021, c.182. 

• Dwellings with a valid lead-safe certificate issued pursuant to this law, P.L.2021, c.182. Lead-safe certificates are valid for two years from the date of issuance.

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

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