New Jersey Lead Paint Disclosure Requirements for Renters

When moving into a rental in New Jersey, it’s important for renters to know about potential lead paint hazards—especially in older homes. New Jersey and federal law require specific disclosures and protections for tenants, ensuring families can make informed decisions about their safety before signing a lease.

Why Lead Paint Disclosures Matter in New Jersey Rentals

Lead is a highly toxic metal previously used in paint, especially in homes built before 1978. Exposure to lead dust or chips can cause serious health issues, particularly for children and pregnant women. In New Jersey, both federal and state law require landlords to provide renters with clear information about known lead paint and related hazards before move-in.

What Landlords Must Disclose About Lead-Based Paint

If you’re renting a property built before 1978, your landlord must:

• Disclose known information about lead-based paint and lead hazards in the unit and common areas
• Provide you with the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Give you any available records or reports about lead-based paint or hazards in the home

These requirements follow federal law (Lead Disclosure Rule) and are echoed by New Jersey codes.^[1]

Required Rental Forms for Lead Paint Disclosures

• Lead-Based Paint Disclosure Form: This form is mandated by federal law for any property built before 1978. It is typically signed by both landlord and renter at the start of the lease.
  • Download the official HUD-EPA Lead Disclosure Form
• Receipt of EPA Pamphlet: The HUD-EPA Disclosure Form includes a section to acknowledge receipt of the pamphlet. By signing, you confirm you received the information.

For example: If you’re renting a 1960s apartment, your landlord should give you the Lead-Based Paint Disclosure Form and a copy of the EPA pamphlet. Review, sign, and keep a copy with your lease papers.

New Jersey State-Specific Requirements

In addition to federal rules, New Jersey has specific laws for rental units, especially multiple dwellings (buildings with three or more units) built before 1978:

• Landlords must conduct periodic lead-safe visual inspections
• If hazards are found, owners must remediate and notify tenants
• Local health and code enforcement agencies may also inspect and enforce remediation

See the NJ Division of Codes and Standards lead paint resource page for details and regulations.

What Should Renters Do If Lead Paint Is Found or Suspected?

If you suspect there’s lead paint and your landlord hasn’t provided information or conducted inspections:

• Request the Lead-Based Paint Disclosure Form and EPA pamphlet in writing
• Contact your local health department or New Jersey Department of Community Affairs (DCA)

How to File a Lead Paint Complaint as a Renter

• Document all your communications and keep copies of forms
• Contact the DCA Bureau of Housing Inspection via their official complaint process
• Follow up on your request and cooperate with any inspection

New Jersey’s Landlord-Tenant Law (N.J. Stat. Ann. § 46:8-27 to 46:8-37) provides additional protections for renters, including maintenance of safe and habitable housing.^[2]

Who Enforces Lead Paint Regulations for Rentals?

The official body overseeing residential tenancies and rental housing health issues in New Jersey is the New Jersey Department of Community Affairs (DCA) Division of Codes and Standards, which works with local health departments to enforce standards, conduct inspections, and investigate complaints.

FAQ: Lead Paint Disclosures and Renters’ Rights in New Jersey

1. Do all rental homes in New Jersey require lead paint disclosure?
   Most rentals built before 1978 require this disclosure by law. Newer buildings generally are exempt, but always check your lease paperwork for notices.
2. Is a landlord responsible for remediation if lead is found?
   Yes, New Jersey landlords must address lead hazards and inform tenants about remediation steps.
3. What should I do if my landlord refuses to provide the disclosure form?
   Request it in writing and, if not provided, you can contact the New Jersey DCA Bureau of Housing Inspection to file a complaint.
4. Are there penalties for landlords who do not comply?
   Yes, landlords may face civil penalties and can be compelled to comply by the DCA or local authorities.
5. Can I terminate my lease due to unaddressed lead hazards?
   This depends on the specifics, but you may have rights to end the lease if the unit is deemed unsafe or uninhabitable after official inspection or enforcement action.

Need Help? Resources for Renters

• New Jersey Department of Community Affairs (DCA) Division of Codes and Standards: Main resource for landlord-tenant housing standards and complaints
• NJ Department of Health Lead Safety & Healthy Homes Program: Information and help with lead poisoning and inspections
• HUD: Lead-Based Paint Complaints: Federal resource for tenants
• For legal advice, contact Legal Services of New Jersey for potential free or low-cost legal help

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1. [1] For federal lead paint disclosure law, see EPA Lead-Based Paint Disclosure Rule.
2. [2] New Jersey landlord-tenant laws: N.J. Stat. Ann. § 46:8-27 to 46:8-37.

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