P.L. 2021, c.182 requires most pre-1978 rentals to be inspected and certified lead-safe. Here's who's covered, who's exempt, and when it's due.
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In 2021 New Jersey passed P.L. 2021, c.182. It requires most rental homes built before 1978 to be inspected for lead-based paint on a regular cycle, and it makes the property owner responsible for getting a lead-safe certificate. Here is what it means in plain terms.
The law applies to single-family, two-family, and multi-family rental dwellings built before 1978. If you rent out a pre-1978 unit in New Jersey and a tenant lives there most of the year, you almost certainly fall under it.
The unit needs a lead-based paint inspection at the earlier of two triggers: a tenant turnover, or every three years. So if a tenant moves out, the next one can't move in until the unit has a current lead-safe certificate. If the same tenant stays for years, you still re-inspect on the three-year cycle.
Use the checker. Not sure if your property is covered? The obligation checker on the home page walks you through it in three questions.
An inspector does a visual assessment or dust-wipe sampling, depending on what your municipality requires. They're checking for deteriorated lead-based paint and lead dust, the things that actually put a child at risk. If the unit is clean, you get a lead-safe certificate. If a hazard turns up, it has to be addressed before the certificate is issued.
Towns enforce this. A property owner who doesn't comply can face escalating penalties, and you can't legally place a new tenant in a covered unit without a current certificate. It's cheaper and simpler to just get the inspection done.
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