New Jersey has stringent regulations regarding lead paint in rental properties, particularly in properties built before 1978 when lead-based paint was commonly used. The presence of lead paint poses serious health risks, especially to young children who may ingest lead dust or chips.
In New Jersey, landlords are required to disclose any known lead hazards to tenants in writing. Additionally, landlords must provide tenants with an informational pamphlet about lead-based paint hazards, as well as a form for tenants to acknowledge receipt of this information.
Furthermore, landlords of pre-1978 rental properties in New Jersey are required to conduct lead inspections, risk assessments, and abatement measures as necessary to ensure the safety of tenants, particularly if children under the age of six reside in the property.
- Municipalities are obligated to perform/hire certified lead evaluation contractors to perform inspections at set times.
- They will use a municipal inspector OR hire a lead evaluation contractor. A municipality shall permit landlords to directly hire a certified lead evaluation contractor for this purpose
- The required type of testing varies by municipality, usually either a visual inspection, or a dust sample test.
- Single family, 2 family and multi unit rental dwellings built prior to 1978. Includes co-ops/condos that are rented.
- First inspection must take place NO LATER THAN 7/22/24 or upon tenant turnover (whichever is earlier).
- If LBP hazards are identified, the owner shall remediate them through abatement or LBP Control mechanisms
- If the dwelling owner has not cured the violation within 30 days, the owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
- For NON exempt units, after 1st inspection, units shall be inspected for lead paint hazards every 3 years, or upon tenant turnover (whichever is earlier)
- An inspection upon tenant turnover is NOT required if the owner has a valid lead safe certification. These certifications are valid for 2 years. If the certificate has expired and there will be a tenant turnover, an inspection will be necessary before the 3 year inspection.
It’s important for landlords to comply with these regulations to protect the health and safety of tenants and to avoid potential legal liabilities. However, since regulations can change over time, it’s recommended to consult with legal professionals or relevant authorities for the most up-to-date information on lead paint policies in New Jersey.