Rentals

Overview of P.L. 2021, c182. A law concerning certain lead-based paint hazards in residential rental property. 

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. 

Exempt 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. 

Fair Change in Housing Act Flow Chart

NJ P.L. 2022, c. 92 which is now in effect requires the owner of one or more rental units, to maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence. Must be registered annually with the municipality.