Lead Based Paint Inspection Update

Lead Based Paint Law

A Quick Guide to the New Law
Beginning July 22, 2022, lead paint inspection and remediation will be required for residential one- and two-family rental properties upon tenant turnover or by July 24, 2024, if there is no tenant turnover. Just like you go through municipalities for a Certificate of Occupancy, you will do the same for a Lead Paint Inspection for tenant turnover starting July 22nd. New Jersey REALTORS® hosted a webinar with the Department of Community Affairs and the Department of Health to better understand the new lead paint inspection and remediation law. While they were not allowed to record it, the slideshow has been made available to us.
View the Slideshow Here

Municipalities are not ready

SCAR and our RPAC/Government Affairs Committee have reached out to every municipality in Sussex County. There was not a single municipality in Sussex County that had a policy in place when we contacted them. We are not alone in this! Our Executive Officer reached out to New Jersey REALTORS® and they decided to do the same across the state. Numerous municipalities are unprepared for the law’s requirements. New Jersey REALTORS® needs your help!

They are asking that you send in any incidents where towns are not prepared to help landlords and tenants move into one and two-family homes after July 22. NJ Realtors® will compile this document and share it with the Department of Community Affairs to help mitigate situations.

Click Here to Report

Top Asked Questions

1. Who is responsible for conducting the inspections? In a municipality that maintains a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures, such agency is responsible for performing the required inspections. If the municipality does not maintain a permanent local agency, the municipality must hire a lead evaluation contractor to perform the required inspections.

2. Can a landlord or owner hire a lead evaluation contractor? Regardless of whether the municipality has a permanent local agency, if the landlord or owner so chooses, all municipalities must allow the dwelling owner or landlord to directly hire a certified lead evaluation contractor to perform the required inspection.

3. Are there different types of lead-based paint inspections? Yes, there are visual inspections and dust wipe sampling inspections. The type of inspection required varies from municipality to municipality and is determined by the blood level of children six years of age or younger. The Department of Community Affairs will provide this information to municipalities.

4. How often are inspections required? For non-exempt units, after the initial inspection is conducted, units shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier.

5. What happens when lead-based paint hazards are found? The owner of the dwelling unit must remediate the lead-based paint hazard by using lead-based paint hazard control methods (interim controls) or abatement.

6. What qualifies as lead-safe? Lead-safe is determined upon inspection that no lead-based paint hazards exist in a dwelling, the lead evaluation contractor or local enforcing agency shall certify the dwelling unit as lead-safe. The lead-safe certification is valid for a period of two years.

7. What qualifies as lead-free? If a dwelling has been remediated using abatement, and a lead abatement clearance certification has been issued by the local enforcing agency, then the lead-free certification issued at the final clearance inspection shall exempt the dwelling from future inspections.

For a more comprehensive FAQ, guidelines, and additional information regarding this law, please visit the  Department of Community Affairs website.

Department of Community Affairs