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🏡 Important Information for New Jersey Homebuyers and Realtors Regarding the 2022 Lead Paint Law

There is a new law in New Jersey that you cannot afford to overlook if you are buying or selling or renting a home, especially one that was constructed before 1978. Now that the New Jersey Lead-Based Paint Inspection Law is in force, it has significant ramifications for homebuyers, landlords, and realtors. Knowing this law is essential to avoiding delays, penalties, or unforeseen expenses at the closing table, whether you're managing rental properties, buying your first home, or representing a seller/buyer.

"🎯" The New Jersey Lead Paint Law: What Is It?
New Jersey mandated lead-based paint inspections for some residential rental properties constructed prior to 1978 as of July 22, 2022. The aim? Since lead poisoning is completely preventable but still common in older housing, it is important to identify and address lead hazards before children are exposed.

🛑 To whom does this law apply?
This law mainly affects:

• Owners of rental properties prior to 1978
• Realtors who list or sell properties that are impacted
• Homebuyers buying rental properties or investment properties
• Developers and property managers dealing with an older housing stock
• Depending on the municipality's classification (exempt vs. non-exempt), a property that meets the requirements must be examined visually or through dust wipe sampling for lead-based paint hazards.

🏚️Why 1978 Is Important
In 1978, the federal government outlawed the use of lead-based paint in homes. Lead-based paint was most likely used in homes constructed prior to that time.  For this reason, New Jersey is focusing on properties from this era, particularly rental properties where children might be present.

📝 What Realtors Must Understand
Informing clients of their obligations under the new law is a critical function of realtors. Here's how to safeguard your transactions:

• Inquire early: Was the property constructed prior to 1978? Has it ever been a rental?
• Look for exemptions: Because of their low risks of lead exposure, some municipalities are exempt.
• Notify investors and landlords that inspections must be performed at tenant turnover or every three years, whichever occurs first.
• Collaborate with certified inspectors: Certified lead evaluation contractors are required to conduct inspections.

🏠 Things Homebuyers Need to Be Aware Of
You may inherit compliance responsibilities if you purchase a home that has been rented or may be rented. This comprises:

• Making certain that inspections are current
• Setting aside money for possible remediation
• Maintaining precise records for upcoming leases or sales
• It's not only wise, but also required by law, to have a lead paint inspection done if you're purchasing a multifamily building or intend to rent out a unit.

💰 Penalties, charges, and responsibility
Fines for noncompliance can reach $1,000 per week until the problem is fixed. Additionally, the cost of remediation may vary based on the extent of the lead hazard, and municipalities may impose inspection fees.

🧰 How to Maintain Compliance

• Make an appointment for a certified contractor to inspect the home for lead paint.
• Any lead hazards should be addressed right away.
• Maintain records; you'll need them for upcoming property sales or inspections.
• Use the EPA's "Protect Your Family from Lead in Your Home" guide to inform prospective tenants and purchasers.

🧭 Do You Need Assistance Getting Around?
In New Jersey, Curren Environmental provides expert lead paint testing, inspections, and cleanup services. With more than 27 years of experience, we assist property owners in maintaining compliance and ensuring the safety of families.

👉 For a complete FAQ and to arrange an inspection right now, go to CurrenEnvironmental.com.

Concluding Remarks for Homebuyers and Realtors

If ignored, the New Jersey Lead Paint Law could be a game-changer. It's not just another rule. By working with knowledgeable inspectors, educating your clients, and incorporating compliance into your real estate strategy, you can stay ahead of the curve.

New Jersey Lead Safe Law will be 2 years old in July of 2024.   The law is attempting to eliminate lead paint hazards inside rental properties in New Jersey.  Landlords are confused regarding what constitutes a Lead Hazard?  

the general definition of a Leda Hazard is as follows:  Lead-Based Paint Hazards: Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.

New Jersey's lead safe law is interior inspection only so, a lead hazard outside is not covered by the inspection, although technically if you have deteriorated exterior lead paint, that is a hazard, but I digress.    The lead hazard under the law is interior hazards.         

Your lead inspector who Likely is not an environmental consultant, saw damaged paint and flagged a lead hazard.    The photo to the left is deteriorated paint.

Deteriorated Paint means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.

Older properties have a near 100% chance of having some layer of lead paint, but realistically speaking that lead is covered by multiple coats of non-lead paint, since lead paint was banned in 1978.  

Lead-based paint is usually not a hazard if it is in good condition, and the paint is not on an impact or friction surface, such as a window. Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs attention. Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can reside on surfaces and objects that people touch.

New Jersey Lead Law assumes that for a visual inspection, any deteriorated paint going to be automatically assumed to be leaded paint and is a hazard and must be addressed.

Interim controls are a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards.

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If lead-based paint hazards are found during an inspection, the owner of the dwelling unit must remediate the lead-based paint hazard by using lead-based paint hazard control methods such as interim controls,  or abatement. Colloquially, remediation is often used synonymously with interim controls and does not include abatement; however, in the context of P.L.2021, c.182, encompasses both interim controls and abatement.

The general definition of a Lead Paint Hazard as per HUD is:

 Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.

The NJ Lead Safe Law P.L.2021, c.182, assumes all interior paint is lead paint, so deteriorated paint triggers a lead paint hazard.  The law allows an out for owners:

If deteriorated paint is found during the course of a visual assessment, the owner of a dwelling may elect to order a dust wipe inspection to confirm the presence of lead-based paint.  The wipe samples in this situation included window sill sampling as well as the floor below the deteriorated paint, both samples confirmed lead dust and exceeded applicable standards.

This law does not require or reference XRF to be included with a lead inspection, although use of an XRF could 100% confirm if the paint contains lead.    Owners can elect to have a limited XRF testing performed of the deteriorated paint, to show that the paint is indeed NOT LEAD-containing.   Since the lead law allows municipalities to have some flexibility in enforcing the lead law this approach would be contingent on the municipality accepting the argument get a lead-free cert based on XRF and be exempt so if an owner is willing to pay for XRF, it can be used.  The above photo shows a painted floor, which clearly is a new paint or coating and would not be expected to contain lead, testing of the paint can provide support that a lead hazard is not present. 

Environmental regulations are confusing, Curren Environmental has over 26 years helping clients navigate the regulatory landscape.  Call the lead experts:

856-858-9509