What are the requirements of property owners under P.L. 2021, c. 182?
How does NJ Lead safe law affect a property owner? Landlords are required to have their units inspected in accordance with the law. If you are a landlord of a residential property built before 1978, your property requires an inspection by July of 2024 or earlier if a tenant vacates prior to that date. 100% of properties require visual lead risk assessment, and some municipalities ALSO require dust wipe samples to be obtained.
The landlord must:
- Complete the lead inspection of the property.
- If lead paint hazards are found, remediate any lead hazards by abatement or lead-based paint hazard control.
- Provide evidence of the lead-safe certification or better yet a copy of the lead-safe certification to tenants.
- Report all tenant turnover activity to the municipality.
- Provide a copy of N.J.A.C. 5:28A, and any lead-safe certifications to any prospective owners of the dwelling during the real estate transaction, settlement, or closing. If you sell the property, the new owner must be aware of any lead-safe certifications.
- Provide a copy of the guidance document, Lead-Based Paint in Rental Dwellings.
- The Rental owner is obligated to provide a copy of any lead-safe certifications to the municipality.
Municipality obligations regarding the Lead Paint Law
Municipalities are required to ensure inspections are performed and may perform the inspection themselves or subcontract. Municipalities must allow landlords to perform their own inspections if they do not want the municipality to do so. Municipalities must maintain a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17. Lastly, Municipalities are required to maintain a record of all dwellings subject to the lead-safe law which includes:
- up-to-date information on inspection schedules,
- inspection results,
- tenant turnover,
- record of all lead-safe certifications issued
- maintain a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
Do you feel like you have lead on the brain?
Call the lead expects.