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

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 by July 22, 2024 at the latest

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.

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

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.

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

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 of Community Affairs has information about this law available online at https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html

The forthcoming regulations specify the necessary timeframe to initiate remediation.

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.

Visual assessment: A visual assessment is an examination of all painted building components for deteriorated paint or visible surface dust, debris, or residue. The inspector should also look for paint chips or dust from painting activities that were not cleaned up and paint residue on floors.

Dust wipe sampling: Dust wipe sampling is collected by wiping a representative surface, including floors (both carpeted and uncarpeted), interior windowsills, and other similar surfaces, and testing in accordance with a method approved by the United States Department of Housing and Urban Development (HUD). These samples must be undertaken properly to ensure that results are accurate.

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.

If a rental is declared lead-free as opposed to lead safe, when will I be required to have another inspection?

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.

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.

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.

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

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

If a property has to be fully remediated for lead paint, does the landlord have to pay to move the tenant to another location during the remediation? Can a tenant move in while the remediation or encapsulation is taking place?

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, also included on our website https://www.nj.gov/dca/divisions/codes/publications/pdf_lead/ld_eval_contrs.pdf

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.