New Lead Paint Remediation Requirements Take Effect July 22

For 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

Quick Guide to the New Law

NEW REQUIREMENTS

• Rental properties subject to the new lawmust be inspected upon tenant turnoveror within two years if there is no tenantturnover, no later than July 22, 2024.

• The type of inspection will depend on thelead levels in children in the municipalitywhere the rental property is located.

PROPERTIES SUBJECT TO THE NEW LEAD PAINT LAW

• One- and two-family residential rentalhomes 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 duringan inspection will need to undergoremediation, either to make it lead safe orlead free

• The type of remediation will determine iffuture inspections are required

• Measures to temporarily make a propertyfree of lead paint will make it lead safe

• Measures to completely eliminate lead paintwill make it lead free

NEW JERSEY LEGISLATIVE BILLS

A1323 – Mosquera (D4), Wimberly (D35) S1918 – Cruz-Perez (D5)

Prohibits mortgage loan discrimination based on familial status.

New Jersey Realtors® Position: SUPPORT

We support this bill as a matter of fairness for all who wish to purchase a home in New Jersey.

Bill History: 1/11/2022 – Introduced in Assembly and referred to Assembly Financial Institutions and Insurance Committee 3/3/2022 – Introduced in Senate and referred to Senate Commerce Committee

A1688 – Quijano (D20), Speight (D29)

Requires inclusion of information about discriminatory housing practices in Truth in Renting Guide.

New Jersey Realtors® Position: SUPPORT

We support this bill to ensure the public is informed about discriminatory housing practices by ensuring information is provided to them in the Truth in Renting Guide.

Bill History: 1/11/2022 – Introduced in Assembly and referred to Assembly Housing Committee

A1990 – Conaway (D7), Mukerhji (D33)

Requires the Department of Environmental Protection to adopt statewide plan to reduce lead exposure from contaminated soils and drinking water.

New Jersey Realtors® Position: SUPPORT

We support this bill requiring the DEP to create a plan to address lead contamination in soil and water without placing any new requirements on real estate transactions.

Bill History: 1/11/2022 – Introduced in Assembly and referred to Assembly Environment and Solid Waste Committee