New Jersey has joined other states in taking a more proactive approach to managing lead. A three prong bill has been passed to help reduce lead exposure.
Bill S-829 signed 11/08/2021
The property condition disclosure statement will now include a question concerning the presence of lead plumbing in a property being sold. The question relates to the home seller’s awareness about the presence of lead plumbing and lead service lines onto the property. This is meant to act as a step in education of home buyers regarding lead.
How does Bill A5343 affect Public Water Supply Lines?
The goal is to remove lead from drinking water. As part of a three-bill package signed by New Jersey Governor Phil Murphy, Bill A5343 that water companies in New Jersey will replace all lead water pipes within the next 10 years. The bill is meant to comprehensively address the longstanding health hazard of lead in the water supply system. Water companies will be allowed to raise rates on property owners to pay for the pipe replacements. Although monies could be drawn from President Joe Biden's American Rescue Plan, which explicitly calls for removing lead pipes nationwide.
Bill (S1147) takes aim at lead paint and dust, the most common sources of exposure, by creating a new requirement that any rental property in New Jersey built before 1978 be inspected for lead. This closes a loophole in the state’s existing lead testing regulations, which allowed single-family and two-family rental units to go without inspection.
The law also requires that if lead is found, affected tenants are eligible to be moved into lead-safe housing with financial help from the state Department of Community Affairs
Will All Rental Properties be Subject to the Regulations?
Currently many properties will qualify for exemption. The regulations will NOT apply to:
- Buildings, dwelling units, or common areas that have been certified to be Lead-Free in accordance with N.J.A.C. 5:17; or
- A building or dwelling unit that has been certified as having a Lead-Free
Interior in accordance with N.J.A.C. 5:17. Lead-Free Interior does not
exempt the entire building; only the dwelling units or common areas
identified on the certificate as lead free are exempt.
- A seasonal rental unit that is rented for less than six months’ duration each
- An owner-occupied unit.