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Lead Based Paint Law Concerning Lead-Based Paint Hazards in Residential Rental Properties.
The law imposes an obligation on municipalities to perform or hire a certified lead evaluation contractor to perform inspections of single-family, two-family and multiple dwelling rental properties for lead-based paint hazards at times specified within the law.
Exempted Dwellings:
Dwellings constructed during or after 1978.
Dwellings that have been certified to be free of lead-based paint in accordance with regulations promulgated by the Department of Community Affairs.
Dwellings with a valid lead-safe certification issued pursuant to this law, which is valid for (and only for) two years.
Single-family and two-family which are rented for less than six-months duration each year by tenants that do not have consecutive lease renewals. The exemption does not apply to seasonal multiple dwellings.
Inspection TImeline:
All rental dwelling units required to be inspected, must be inspected for lead-based paint within two years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier.
For nonexempt units, after the initial inspection is conducted, units shall be inspected for lead-based paint hazards every three yeas, or upon tenant turnover, whichever is earlier.
An inspection upon tenant turnover is not required if the owner has a valid lead-safe certification. Lead-safe certifications are valid for two years. Accordingly, if the lead-safe certification has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection.
Inspection upon tenant turnover will reset the clock for the three-year inspection.
Inspection Procedures : Each municipality will establish their own inspection protocol and fee structure. Consult Closing Information Page.
Lead Based Paint Requirements for Rentals. The owner, landlord and/or agent of a single-family, two-family or multiple dwelling unit built prior to 1978 offered for rental shall be required to obtain a lead-based paint inspection within two years of the effective date of the law, July 2, 2022, or upon a tenant turnover or whichever is earlier. After an initial inspection the owner, landlord and/or agent of such rental units shall be required to be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier. In accordance with N.J.S.A 52:27(D)-437.16 property owners, landlords and/or agents shall provide evidence of a valid lead-safe certification as well as evidence of the most recent tenant turnover.
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