Lead Paint Q&A

The law applies to single-family, two-family, and multiple rental dwellings that were built before 1978.

The law takes effect on July 22, 2022, and the first inspection is required within two years of the effective date, or upon tenant turnover. This means that the initial inspection must occur at the latest by July 22, 2024.

Multiple rental dwellings are subject to the law unless the multiple dwelling has been registered with the Department for at least ten years and has no outstanding paint violations from the most recent cyclical inspection performed by the Bureau of Housing Inspection.

The law applies to single-, two-family, and multiple rental dwellings that were built before 1978.  It does not apply to home sales.

If the renovation was done that resulted in lead-free certificate then it is exempt. If there is not a lead-free certification then yes, the law applies.  This is because, even if you take a building down to the studs, or even down to the foundation, there could still be lead based paint in the framing or foundation.

Yes, if the unit is not otherwise exempt, is rented, and built pre-1978 are subject to the law.

The municipality.

Yes, unless otherwise exempt, this applies to any rental dwelling units that are built pre-1978.

Yes, unless otherwise exempt, if the unit is a rental unit built pre-1978, then the application of the law is required.

If the inspection results in a lead-safe certification, that certification is valid for two years, and inspections are not required during the valid certification period.

Yes, the law specifies five exemptions from inspection requirements, all of which are listed in the guidance document on page 11. The guidance document is available on the Department’s website at https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html.

Yes.

This law does not apply to short term rentals that meet the requirements of the Act. Short term rentals include any dwelling which is rented for less than six months duration each year by tenants who do not have consecutive leases.

If there is any portion of the dwelling that is rented, then the law applies.

Yes, unless otherwise exempt, they are required to abide by the new law when they turn the unit into a rental.

The inspection is required upon tenant turnover and thereafter on a three-year basis.

Municipalities will designate an agency that is responsible for inspections.

If the property is certified lead-free, no further inspection will be required. If it is designated as lead-safe, the certification is valid for two years. Inspections are required to occur every three years.

The Department has information about this law available online at https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html and questions may be sent to LeadLaw21pL182@dca.nj.gov at any time.

The forthcoming regulations specify the necessary timeframe to initiate remediation.

Landlord/Owner.

We encourage landlords/owners to contact their municipalities. Additionally, landlords/owners have the option to hire their own inspectors.

Remediation is required and must be performed by certified individuals in accordance with all applicable Federal and State regulations. There are two options for remediation: interim controls are measures designed to temporarily reduce exposure (paint stabilization, making surfaces smooth and cleanable, correcting dust-generating conditions); abatement (paint removal, building component replacement, enclosure) is the complete removal of lead-based paint from a dwelling, and can be more appropriate where interim controls are unlikely to be effective in reducing exposures to lead-based paint hazards. This is because abatement work ensures that any lead-based paint hazards are resolved within a dwelling.

The type of test required is now available on the Department’s website, https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html.

A visual inspection is performed by visually assessing all painted components within a structure for deteriorated paint.

Dust wipe sampling is undertaken by wiping horizontal surfaces within the structure in accordance with HUD protocols and having those wipes tested at approved laboratories.

Lead-safe certifications expire because they are based on either visual assessments or the results of a dust wipe sampling; over time, circumstances can change (paint can deteriorate, leaded dust can become present). Lead-free certifications mean that abatement work has been completed and any lead-based paint hazards have been resolved. As such, further periodic lead-based paint inspections are not required for dwellings that have received a lead-free certification.

The owner of the property will receive the test results, as well as the municipality.

When a lead-based paint hazard is not found, a lead-safe certification is issued to the owner and municipality; when a lead-based paint hazard is found, then the owner shall be notified of the hazard and must remediate it.

If remediation is performed via interim controls, the municipality or lead evaluation contractor will issue the lead-safe certification. If remediation is performed via abatement, then the lead abatement contractor issues a lead-free certification, which is followed by an approval from the municipality.

Municipalities are responsible for enforcing this legislation when it comes to owners/landlords. If a municipality is found not to be enforcing the law, then the DCA is responsible for compelling the municipality to enforce the law.

The initial inspection must occur upon tenant turnover or by July 22, 2024, whichever is sooner. Thereafter, inspections shall occur every 3 years, or upon tenant turnover, whichever is sooner. Tenant turnover inspections are not required if there is a valid lead-safe certification (valid for two years). The method of inspection, whether visual assessment or dust wipe sampling, depends on the percentage of children under the age of six with an elevated blood lead level.

The law requires a lead-based paint inspection unless the unit is exempt under the Act.

The municipality or lead evaluation contractor does not need to re-inspect units that were issued a lead-safe certification pursuant to the inspection method in effect at the time of the inspection. However, any inspections must occur in accordance with the standards in effect at the time of inspection.

As a result of the inspection, the inspector will issue a lead-safe certification. There is a cost for the inspection, which is to be determined by the municipality as appropriate to offset their cost of enforcement of the law, but not for the certification.

Inspection would be required at the turnover of the 8-month tenant or by July 24, 2022.

Owners/landlords are required to share copies of the legislation, available through https://www.njleg.state.nj.us/, as well as DCA guidelines and regulations, all of which is available online through https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html.

Lead-safe, pursuant to this law, means that there are no lead-based paint hazards as the result of an inspection; however, this does not mean that there is no lead-based paint present in the dwelling. Lead-safe certifications are valid for two years.

Lead-free means that, either after an abatement or upon a lead inspection/risk assessment (which does not occur under this law), there is no lead-based paint present in the dwelling unit. Lead-free certifications do not have an expiration date.

See Questions on Inspection Procedures, number 13, above.

No, if the unit is certified lead-free the unit does not need to be inspected.

There are interim controls which are measures designed to temporarily reduce human exposure to lead-based paint hazards. In certain cases, interim controls are unlikely to be effective. In those situations, abatement, which permanently removes lead from a dwelling, is more appropriate in addressing lead-based paint hazards.

Within 60 days after the initial inspection.

Yes.

Yes, wet-scraping, in certain circumstances is an acceptable form of remediation.

The remediation technique must follow what is required by the law depending on the situation. But yes, there are certain types of encapsulants that are acceptable; however, if anything is drilled, nailed, etc. into an encapsulated wall, this may void the lead-free certification.

If any relocation is required during the process of remediation, that relocation must follow the requirements set forth in the Relocation Assistance and Eviction regulations, N.J.A.C. 5:11.  Whether a tenant can move in during the process of remediation would be a determination made based on the scope of work.

In a municipality with a permanent local agency for the purpose of conducting inspections and enforcing regulations, the municipality is responsible for conducting the inspection. If the municipality does not have such an agency, the municipality needs to retain a lead evaluation contractor. Municipalities are encouraged to work collaboratively via the use of shared services agreements to provide inspection staff on an as needed basis to address the inspection requirements set forth under the Act. The landlord/owner may choose a contractor if they want. The municipality will require a fee that covers the cost of inspection, and an additional $20 will go into the Lead Hazard Control Assistance Fund.

Yes, https://www.nj.gov/dca/divisions/codes/publications/pdf_lead/ld_eval_contrs.pdf

Lead inspectors/risk assessors are licensed by the Department of Health, at https://www.nj.gov/health/ceohs/lead/lead-workers-supervisors/

Information regarding lead assistance should be directed to the Division of Housing and Community Resources, which administers a number of lead assistance programs. https://www.nj.gov/dca/divisions/dhcr/offices/leadsafe.html

Agents are encouraged to get familiar with the law and provide copies of the law and DCA publications to clients. The law is available through https://www.njleg.state.nj.us/, and DCA publications are available on the Department website at https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html

Yes, the DCA is proposing regulations which will address this issue.

Costs vary greatly depending on both the method of inspection and the method of remediation; visual assessments will depend on the cost of labor and will be less expensive than dust wipe sampling, which will depend on the cost of labor, supplies, and testing; dust wipes can be in the range of $350-400, depending on those factors. Additionally, while abatements can range in cost from $15,000-$30,000, interim controls are much less costly, since they intend to reduce exposure to lead rather than eliminate it. Please note that these cost projections are subject to market changes.

Yes, on the DCA website you can find a list. https://www.nj.gov/dca/divisions/codes/offices/leadhazard_abatement.html

See response to 1 of this section, above

An inspection is required.

The law is required for any pre-1978 rental dwelling unit, regardless of management or process used for rental.

Yes.

This data is collected by the Department of Health as a result of screenings.

Pursuant to P.L.2021, c.182, the Department has the authority to enforce municipal compliance with the Act. Please inform the Department of any municipalities which are not complying with the Act by contacting LeadLaw21pL182@dca.nj.gov.

Lead evaluation contractors are not obligated to undertake requested work pursuant to this Act.  There are 72 of lead evaluation contractors throughout the State; if one is unavailable, it is recommended that others be contacted.  There is a list of these contractors on the Department’s website at https://www.nj.gov/dca/divisions/codes/offices/leadhazard_abatement.html.

There is no 60-day grace period.  Any actions on enforcement decisions are made on a case-by-case basis.

The Department is unaware of any enforcement action against landlords at this time.  Enforcement actions against landlords are the responsibility of the municipality pursuant to P.L.2021, c.182.

So long as the notification includes a request for inspection, that is sufficient.  The law imposes the obligation on the municipality to ensure the required inspection occurs.  That obligation remains even when the municipality has failed to perform the inspection, and the Department should be notified.