Lead Paint FAQs

NJ Realtors® hosted a second lead paint law webinar with the New Jersey Department of Community Affairs and the New Jersey Department of Health to further help Realtors® understand the law. For more information about the law visit njrealtor.com/lead.

The answers to the following questions were provided by the New Jersey Department of Community Affairs as a resource for our members and do not, and are not intended to, constitute legal advice by New Jersey Realtors®.

What kinds of properties are subject to the law?

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

Are rentals in co-ops and condos required to be inspected under the new law?

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

How does the new law apply to short-term and summer rentals in terms of inspection requirements?

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.

Will this be a yearly requirement?

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

What is the difference between a property that is lead free vs. a property that is lead safe?

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, 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.

What type of certificate will be issued following a lead paint test or remediation and by whom?

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.

Who is responsible for conducting the lead paint inspections and is there a set fee for the inspections?

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.

I have heard several municipalities across the state have indicated they are not going to enforce the law or create inspection procedures. How can landlords comply with the new law if the towns their rentals are located in will not enforce the new law even if landlords are hiring their own companies to conduct lead paint inspections?

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.

What responsibility does a Realtor® have if a landlord does not have the apartment inspected or remediated if lead paint is found?

The Act does not impose any requirement on real estate professionals. Municipalities have the authority to ensure landlords are compliant with the Act.

Is there any paperwork required to be given to a landlord or renter under this law by a Realtor®?

No, but Realtors® are encouraged to provide a copy of P.L.2021, c.182 and any information on the NJ Department of Community Affairs’ lead webpage.

LEGISLATIVE BILLS

A2390 – Wimberly (D35)

Establishes statewide limitation on rent increases.

New Jersey Realtors® Position: STRONG OPPOSITION

We strongly oppose this bill which creates a statewide policy of rent control. It will effect the homeowner’s ability to rent out their homes to afford to maintain them.

Bill History: 2/7/2022 – Introduced in the Assembly and referred to the Assembly Housing Committee

A3935 – Moriarty (D4), Swain (D38)/S2671 – Gopal (D11), Schepisi (R39)

Prohibits adoption of any State rule or regulation mandating electric heating or water systems in buildings prior to issuance of DCA report.

New Jersey Realtors® Position: SUPPORT WITH AMENDMENT

We support this bill opposing any rule or regulation making it more expensive to heat a home with an amendment mandating the DCA report be made available to the public.

Bill History: 5/12/2022 – Introduced in the Assembly and referred to the Assembly Community Development and the Affairs Committee 5/16/2022 – Introduced in the Senate and referred to the Senate Community and Urban Affairs Committee

A4106 – Lopez (D19), Jimenez (D32)/S2537 – Singleton (D7)

Requires association of age-restricted common interest community to permit dwelling owner to transfer property without regard to age of buyer.

New Jersey Realtors® Position: STRONG SUPPORT

We strongly support this bill to require age-restricted common interest communities comply with federal and state housing law by requiring them to allow purchasers of any age to purchase a home in a community so long as they certify the occupant will be at least 55 years of age.

Bill History: 5/12/2022 – Introduced in the Senate and referred to the Senate Community and Urban Affairs Committee 6/2/2022 – Introduced in the Assembly and referred to the Assembly Housing Committee