NEW JERSEY LEAD SAFE CERTIFICATION LAW
Effective July 22, 2022
Information for Landlords & Tenants on Regulations for Lead-Safe Maintenance
As any landlord in New Jersey should know, the Department of Community Affairs (DCA) requires that multi-family housing be maintained in a lead-safe manner. The regulations for the maintenance of multiple dwellings (N.J.A.C. 5:10) are designed to better protect you and your family from possible lead-based paint hazards in your home. If you would like to view the regulations, please go to https://www.nj.gov/dca/divisions/codes and select "Publications" from the left hand menu and under Housing Code Enforcement select NJAC 5:10 - Maintenance of Hotels & Multiple Dwellings.
Lead-based paint was banned from residential use in New Jersey in 1971; however, it was not banned nationally until 1978, so any pre-1978 housing may contain lead-based paint.
When is Lead-Based Paint a Hazard?
Intact lead-based paint is not a hazard in and of itself. However, if the paint is chipping or peeling or becoming ground into dust, it is a potential hazard, especially to children under the age of six and pregnant women because lead can do the most damage to children in key developmental stages.
Tenants should be aware and note excessive chipping or peeling paint to their landlord immediately. All landlords are required to respond to tenant concerns within thirty days. If a tenant has a child under the age of six in the rental unit or if a pregnant woman lives there, the landlord must correct the problem within one week.
What is the NJ Lead Safe Law?
Beginning July 22, 2022, all New Jersey rental properties that are not exempt are required upon their first turnover or within two years of the effective date (July 22, 2022) to complete their Lead Safe Certification inspection.
Some landlords have a stricter inspection. If your rental property is located in a municipality where more than 3% of the children 6 years of age and younger in the community have a blood lead level of equal to or greater than 5ug/dl then the inspection not only visual but lead wipe samples are required to be obtained and laboratory analyzed. Clearly rental units in these municipalities will cost more.
New law (S1147) is focused at lead paint and dust, the most common sources, at rental properties, by requiring that any rental property in New Jersey built before 1978 be inspected for lead.
In a Nut Shell
NJ's NEWEST lead-based paint law went into effect in July of 2022 and directly targets ALL pre-1978 rental properties. This new law is being referred to as, New Jersey's Lead Safe Certification and requires lead-paint inspections, (Visual &/or Dust wipes) on all nonexempt rental properties.
So if you rent a property built before 1978 you have to have your lead inspection completed within two years of the July 22, 2022 implementation of the law.
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.
What documentation must landlords provide?
Landlords are required to provide copies of all Lead Safe Certifications (per unit) and leases to the DCA inspector during their 5-year multiple dwelling inspection.
Landlords are also required to provide copies of a current or newly issued Lead Safe Certificate to new residents specific for the unit they will be renting as part of the lease documents.
If a resident resides within the unit during the Reinspection for Lead Safe Certification renewal cycle (3 years) the resident must receive a copy of the Lead Safe Certification.
Failure to comply with NJ Lead Safe Certification requirements can incur fines of up to $1,000 per unit per week.
Properties Exempt from NJ Lead Safe Law
The property has been certified to be free of lead-based paint, meaning the property had a lead Paint Inspection.
The property was constructed after 1978
The rental unit is in a multiple dwelling that has been registered with the DCA as a multiple dwelling for at least 10 years, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law”
Is a single family or two-family seasonal rental dwelling which is rented for less than 6 months duration each year by tenants that do not have consecutive lease renewals.
Has a valid lead safe certification issued previously.
Pro Tip
The NJ law assumes you have lead paint present, you would not know 1005 if the property is lead free unless you complete a Lead Paint inspection with XRF testing, you can learn more about lead free certification here. Lead Free Certification
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