If you own a rental built before 1978 in New Jersey, the state's lead-safe certification law applies to you. It has been in effect since July 22, 2022, and many landlords in older towns such as New Brunswick, Plainfield, Elizabeth and Trenton are still catching up.
Please note: Patten Inspections LLC does not perform lead-safe inspections in New Jersey. This article explains what the law asks of landlords; for the inspection itself, see "Who can do the inspection" at the end.
Which rentals are covered
The law (Bill S1147, P.L.2021, c.182) covers rental dwellings built before 1978 that have not been certified lead-free. Lead-based paint was banned for homes in 1978, so older buildings may still have it under newer layers of paint, where it can turn into dust as it wears.
There are some exceptions, including:
- Units with no outstanding lead violations from their most recent cyclical inspection under the Hotel and Multiple Dwelling Law.
- Single-family and two-family seasonal rentals rented for less than six months a year to tenants without consecutive lease renewals.
- Dwellings that already hold a valid lead-safe certification.
When the inspection is due
The first deadline was the first tenant turnover after July 22, 2022, or July 22, 2024, whichever came first. From then on, the rule is:
- a new lead-safe inspection every three years, or at tenant turnover, whichever comes first;
- no turnover inspection is needed if the unit still has a valid lead-safe certificate when the tenant changes;
- a lead-safe certificate is valid for two years.
A simple way to stay on top of it is to put each unit's certificate date and lease end date in the same calendar, and book the inspection before the next move-in.
What happens if you don't comply
If the municipality finds a unit that hasn't been inspected, the owner has 30 days to fix it by having the inspection done or starting remediation. After that, the penalty can be up to $1,000 per week, per unit, until it's done.
Who can do the inspection
In New Jersey, the lead-safe inspection has to be done by a certified lead evaluator. Your municipality can tell you whether it inspects rental units itself or how to arrange a certified evaluator.
Patten Inspections LLC does not offer lead-safe inspections in New Jersey; our lead-safe inspections are available in Pennsylvania only. If you are buying an older rental property in New Jersey, we can still help with the home inspection, a sewer scope and radon testing before you close.
This article is general information, not legal advice. For questions about your own obligations, talk to a qualified attorney or your municipality.
Buying or selling in Central Jersey? Call or text 732-789-4377 to book an inspection with Grant, or read more articles.
