About the Lead Paint LAW
Lead paint is hazardous and can prove harmful to children, leading to differentiated health issues. Lead paint was banned in 1977, so when talking about lead we focus on homes built prior to 1978—of which there are more than 1.1 million in New Jersey, many of which are concentrated in poorer, minority, urban communities.
The original bill was introduced in 2003 by Senator Ron Rice. The bill did not get any traction and finally transitioned into NJ Bill S1147 which was introduced in February 2020 by Senator Teresa Ruiz. This bill required that a lead paint inspection take place before the SALE of a home or tenant turnover.
Due to the strong opposition of some real estate associations, the bill was later substituted with new language that removed the original time-of-sale requirement. The substitution requires lead inspection once there was tenant turnover at a residence or within two years of the bill’s effective date.
The BILL (NJ S1147)
On July 22, 2021 Governor Murphy signed a bill NJ S1147. This bill requires a lead dust inspection is performed on residential rental properties built before 1978, including upon tenant turnover or within two years of the bill’s effective date.
If the municipality or permanent local agency determines that a property owner has failed to comply with a provision of P.L.2021,
c.182 (C.52:27D-437.16 et al.) with respect to a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts.
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
While bill NJ S1147 was signed on July 22, 2021 lead dust inspections will not be mandatory until July 22, 2022.