CSG Law Alert: New Regulation Mandates Lead-Based Paint Inspection for Residential Dwellings Constructed Before 1978

Most single-family, two-family and multi-family dwellings constructed before 1978 must be inspected for lead-based paint hazards on or before July 22, 2024 to comply with an upcoming state-mandated deadline.

N.J.A.C. 5:28A-2.1, effective as of July 22, 2022, requires all single-family, two family and multi-family dwellings constructed before 1978 to be inspected for lead-based paint hazards upon the earlier of tenant turnover or July 22, 2024.  Thereafter, all such dwellings must be re-inspected for lead-based paint hazard every 3 years or upon tenant turnover, whichever is earlier, unless the applicable dwelling has a valid lead-safe certification.

The key aspects of the regulation are as follows:

  1. The requirement does not apply to single-family and two-family seasonal rental dwellings that are rented for less than six months each year by tenants that do not have consecutive lease renewals.
  2. The requirement does not apply to residential dwellings constructed prior to 1978 that have been registered with the New Jersey Department of Community Affairs for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law (a/k/a the “green card” inspection).
  3. Dwellings may be certified free of lead paint to be exempt from further inspections.
  4. If properties cannot be certified free of lead paint as set forth above, owners may have their properties certified lead safe by a licensed lead risk assessor. A lead-safe risk assessment is valid for a period of two years.

For more information, please contact the author of this alert or your attorney at CSG Law.

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