L E G I S L AT I V E U P D AT E
New Lead Paint Remediation Requirements Take Effect July 22
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or more than two decades, New Jersey Realtors® has consistently advocated for common-sense lead remediation legislation to protect the children of the state while also protecting the rights of private property owners.
Lead paint was banned in 1977, which is why when talking about lead paint in homes, we focus on homes built prior to 1978. There are more than 1.1 million homes in the Garden State built before 1978 and many of them, are concentrated in poorer, minority, urban communities. The original lead paint remediation bill was introduced in 2003 and over the years, NJ Realtors® worked with many legislators and gubernatorial administrators to ensure the legislation did not have a detrimental impact on the housing market. Last summer, Gov. Murphy signed S-1147 and beginning on July 22, 2022, the contents of the bill go into effect. Lead paint inspection and remediation will be required for residential one- and two-family rental properties upon tenant turnover or by July 24, 2024 if there is no tenant turnover. Inspection requirements may vary depending on the community. The law is not currently tied to time-ofsale requirements. For more information visit njrealtor.com/lead
8 | NEW JERSEY REALTOR® | July/August 2022
Quick Guide to the New Law NEW REQUIREMENTS • Rental properties subject to the new law must be inspected upon tenant turnover or within two years if there is no tenant turnover, no later than July 22, 2024. • The type of inspection will depend on the lead levels in children in the municipality where the rental property is located.
PROPERTIES SUBJECT TO THE NEW LEAD PAINT LAW • One- and two-family residential rental homes built before 1978.
PROPERTIES NOT SUBJECT TO THE NEW LEAD PAINT LAW • Homes built during or after 1978 • One- and two-family season rental dwellings rented for less than six months that do not have consecutive lease renewals • Dwellings certified to be free of lead paint
REMEDIATION REQUIREMENTS • Properties where lead is found during an inspection will need to undergo remediation, either to make it lead safe or lead free • The type of remediation will determine if future inspections are required • Measures to temporarily make a property free of lead paint will make it lead safe • Measures to completely eliminate lead paint will make it lead free
