New Lead Remediation Requirements Now in Effect

All information is from the New Jersey Department of Community Affairs presentation slides. For more information, visit njrealtor.com/lead.

For the past several months, NJ Realtors® Government Affairs Department has been hard at work disseminating vital information regarding the new lead-based paint law, which went into effect on July 22 of this year.

Before the law took effect, the association hosted a webinar with the New Jersey Department of Community Affairs and New Jersey Department of Health. Questions came in by the hundreds, and more than 2,000 members tuned in to further their knowledge about the law. For those who missed the webinar, the presentation is available to download at njrealtor.com/lead.

The new law, which is now in effect, requires lead paint inspection and remediation for residential one- and twofamily rental properties upon tenant turnover or by July 24, 2024, if there is no tenant turnover. Currently, the law is not tied to time-of-sale requirements, and multiple dwelling units have long been regulated for lead.

Municipalities with a permanent inspector will be required to complete the inspections. Municipalities without a permanent inspector must hire a lead evaluation contractor. In either case, the landlord or owner can directly hire a lead evaluation contractor to perform the inspection.

There are two types of lead-based paint inspections, and the requirements depend on the lead levels in children in the municipality of the rental property. A visual inspection looks for deteriorated paint, surface dust, debris, or residue, while a dust wipe sampling will collect a sample by wiping floors, windowsills, and more.

In cases where inspectors find lead paint hazards, the property owner has two remediation options. Remediators can use interim control methods such as paint stabilization and smoothing surfaces to reduce lead exposure temporarily. In cases where interim controls don’t suffice, remediators can use abatement methods—removing building components containing lead-based paint hazards.

After the initial inspection, unit inspection is required every three years or upon tenant turnover, whichever is earlier.

If you know of a municipality not prepared for the new lead paint law requirements, please submit that information NJ Realtors® . The association will share submissions with the DCA.

Visit njrealtor.com/lead for additional resources and updates.