Required NJ Lead-Based Testing For Rentals
NOTE: The law and requirements have been continually changing, please contact me for specifics when this becomes applicable to you.
New Lead-Based Testing Law Overview
As of July 22, 2022, all 6+ month residential leases for dwellings built (or have tax records reflecting builds) prior to 1978 are required to have the unit tested by a state-certified inspector for the presence of lead-based paint. Landlords have the option to go through the municipality for the testing or to choose their own certified inspector. Failure to comply can result in a fine up to $1,000 a week.
Units that currently have teants in place with leases dated prior to July 22, 2022 have two years to get the unit tested provided it is not rented out to a different tenant before July 22, 2024.
Exempt Properties
As of the moment only the following are exempt from lead-based paint testing:
Commercial Rentals: Any lease for a non-residential rental is exempt. However residential units in mixed-use buildings and 5+ residential unit buildings must test. If a person will be living there, testing is required.
Short Term Rentals: Non-consecutive leases for less than 6 months are exempt. If consecutive leases run for more than six months, they must be tested.
Properties Built After 1978: Rentals where the tax records reflect that they were built in 1978 or later are exempt. Please note, that homes built on existing foundations typically reflect the original (foundation) build date. For new construction on existing foundations or gut renovations that show a build date prior to 1978 in the tax records need to be tested.
Properties with Abatement Certifications: If lead-based paint was found and remediated via abatement, the unit will receive a lead abatement clearance certificate will be issued and the unit is considered to be lead-free, meaning it is exempt from future inspections.
How Properties are Tested
Quick disclaimer, the rules and regulations have been constantly changing. I am sharing the latest information that was shared with me by the state, my brokerage, and certified inspectors.
Originally inspectors were told they had to do two wipe tests per room, wiping both a window sill and the floor (even if there is carpet) as these are the areas where chips or dust from lead paint is most often found. These wipes are then sent to a lab where they are tested. Just before the law went into effect, an option for visual inspections was made available for towns where less than 3% of children under the age of 6 yrs old have led levels under 5 micrograms/deciliter.
It is important to note that while inspections have the option to do a visual inspection in certain towns the inspections are not limited to visual inspections.
Finding an Inspector & Inspection Cost
Each municipality needs to provide a certified inspector. Landlords have the option of using the town’s inspector or hiring their own NJ lead certified inspector. The cost of the test varies by inspector and town. Some cities, such as Newark, recieved state funding so both the test and any remediation is free of charge for rentals in Newark. To my knowledge, there is a fee associated with the testing in all Bergen County towns.
The least expensive quote for a 3-bedroom wipe test was around $350. If the town provides the inspector (even though the landlord is paying for the inspection) $20 from each test goes to the state fund. Since inspectors have to pay the lab to test the wipes, it is reasonable to assume that visual inspections could be less expensive.
Remediation
If lead paint is found, the unit must be vacated and there are two ways to address it.
Interim Controls: These are non-permanent measures to reduce human exposure which include specialized cleaning, repairs, encapsulation paint, containment, maintenance, and monitoring.
Once these measures are taken the property must be inspected again. If determined to be “lead safe” a certificate is issued which is good for 2 years.Abatement: Permenate elimination of lead by a New Jersey Department of Community Affairs certified lead abatement contractor. Once complete, a lead abatement clearance certificate will be issued and the unit is considered to be lead-free, meaning it is exempt from future inspections.