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Lead Safe Certification – New Jersey’s Latest Lead Paint Regulation

If you believe lead paint in rental properties is not an issue, THINK AGAIN! New Jersey’s latest lead-based paint regulation takes effect in July 2022 and specifically targets all pre-1978 rental units. This updated law, known as New Jersey’s Lead Safe Certification, mandates lead-paint evaluations (visual assessments and/or dust wipe sampling) for all nonexempt rental properties at turnover. Furthermore, every three years thereafter, it will enhance public education about lead-based paint hazards and will finance the New Jersey Lead Hazard Control Assistance Program.

What obligations does this Lead Safe Certification place on property owners?

If you lease a pre-1978 property that doesn’t qualify for an exemption, starting July 2022, you must conduct a Visual Lead-Paint Inspection. In addition, you may also be required to collect lead dust wipe samples at every unit turnover or every three years, and obtain a Lead Safe Certification (valid for two years).

This inspection (visual and/or dust wipes) must be completed by either:

1. A municipal inspection program,
    
2. A New Jersey DCA-certified Lead Evaluation Contractor hired by the municipality, or
    
3. The property owner can directly contract a NJ DCA-Certified Lead Evaluation Contractor to perform the required inspection services.
   Each option will involve associated inspection fees.
    

Beginning July 2022, all nonexempt NJ rental properties must complete their initial Lead Safe Certification at their first turnover or within two years of the effective date. Thereafter, property owners must consistently renew the Lead Safe Certification at every turnover or every three years (whichever comes first), with certifications remaining valid for only two years.

If no lead-based paint hazards are identified during the inspection, the local agency or DCA-certified contractor will certify the unit as Lead-Safe using a form prescribed by the Department of Community Affairs.

If lead-based hazards are discovered, they must be corrected either by full lead-based paint abatement or appropriate hazard control measures. Moreover, if a municipal or private lead evaluation entity identifies a hazard, they must notify the Commissioner of Community Affairs. Following review per Section 8 of the "Lead Hazard Control Assistance Act," if hazards are found in a two- or three-family pre-1978 rental property, the law requires visual and/or dust wipe evaluations of the remaining units as well.

The regulation further stipulates that after remediating any identified lead-based paint hazard during the Lead Safe Certification inspection, a follow-up inspection (visual and/or dust wipe) must be conducted to confirm the hazard is eliminated. Additional fees may apply.

To optimize state resources, the law introduces a two-tier inspection protocol. If a property is located in a municipality where more than 3% of children aged six or younger have elevated blood lead levels (≥5 µg/dL per CDC’s previous standard), inspectors must conduct dust wipe sampling in addition to a visual inspection for deteriorated painted surfaces.

Owners must furnish copies of all Lead Safe Certifications (for each unit) and leases to DCA inspectors during the mandated 5-year multiple dwelling inspections. Property owners are also required to present a valid or newly issued Lead Safe Certification to new tenants at the time of lease signing. If a tenant remains during the re-certification cycle (every three years), they must sign the current Lead Safe Certification, and the documentation must be retained.

Failure to adhere to Lead Safe Certification requirements may result in penalties of up to $1,000 per unit, per week.

How can property owners prepare for compliance?
First, determine if you qualify for an exemption:

• (1) Property is certified lead-free,
   
• (2) Property was built in or after 1978,
   
• (3) Property is a multiple dwelling registered with DCA for at least 10 years with no outstanding lead violations from the most recent inspection under the "Hotel and Multiple Dwelling Law,"
   
• (4) Property is a seasonal single- or two-family rental leased for less than six months annually without consecutive lease renewals, or
   
• (5) The unit already has a valid Lead Safe Certification issued per this law.
   

If not exempt, it is advisable to complete Visual Assessor Course to understand what municipal and DCA inspectors will evaluate. If no prior testing was conducted and the property was built before 1978, the law presumes lead-based paint is present, which could lead to significant expenses. Understand where lead exists, prioritize corrective treatments during turnover, and ensure proper documentation to comply with the new Lead Safe Certification requirements.