Top Asked Lead Paint Law Questions

One- and two-family rentals are now required to be inspected and, if necessary, remediated for lead, as of July 22, 2022. The inspection is required upon tenant turnover or by July 24, 2024, if there is no tenant turnover. This new law is not currently tied to time-of-sale requirements. Multiple dwelling units have long been regulated for lead.

New Jersey Realtors® hosted a member webinar with the Department of Community Affairs and the Department of Health to better understand the new lead paint inspection and remediation law. Below are the top asked questions during the webinar.

For more information on the new law and a full list of testing requirements visit njrealtor.com/lead.

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.

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.

Are there different types of lead-based paint inspections?

There are two types: 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.

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.

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.

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.

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.