New Jersey Lead Paint Hazards: Rights and Protection for Renters

Living in an older rental home in New Jersey means you may need to consider the risk of lead-based paint hazards. These hazards, found mainly in properties built before 1978, can have serious health effects, especially for children and pregnant women. Knowing your rights, what your landlord must do, and how to get help can protect your loved ones and ensure your home is safe.

Your Rights as a Renter: Lead-Based Paint Hazards Explained

Federal and New Jersey laws require landlords to take specific steps to prevent lead poisoning in rental homes. Understanding these obligations helps you advocate for a safe living environment.

• Disclosure Requirement: In rentals built before 1978, landlords must provide information about known lead-based paint and hazards before you sign a lease, including the official EPA pamphlet "Protect Your Family From Lead in Your Home."
• Inspections: Legislation like New Jersey P.L.2021, c.182 requires periodic lead inspections or dust wipe sampling for rental units built before 1978.
• Remediation: If lead hazards are found, landlords are responsible for remediation and must provide certificates of lead-safe status.

Why Lead Paint is Dangerous

Lead can cause serious health problems, including developmental delays in children and high blood pressure in adults. Even minor exposure is a risk. This makes prompt action and regular inspections vital.

What Your Landlord Must Do in New Jersey

• Disclose any known lead-based paint hazards to you before leasing
• Give you the EPA lead pamphlet (official federal resource)
• Comply with New Jersey’s required lead inspection schedules
• Correct (remediate) any hazards found, using certified contractors, and follow state abatement laws
• Provide certification of lead-safe or lead-free status after remediation

If you suspect your landlord is not complying, you have the right to request an inspection or contact your local health department.

Official Forms: What to Request and Submit

• Lead-Safe Certification (NJ Lead-Safe Certification Form): After an inspection and successful remediation, landlords must provide tenants this form as proof of compliance.
  Example: If your child’s blood test shows elevated lead and your unit hasn’t been certified, ask your landlord for their lead-safe certificate.
• Lead-Based Paint Disclosure Form (Federal) (Sample Disclosure Form): Landlords must complete and share this before leasing.
  Example: When you sign a new lease for a pre-1978 apartment, ask for this document alongside your lease papers.
• Complaint Submission: Use your local code enforcement's online complaint form if your landlord fails to provide lead safety documentation or remediate hazards.

Taking Action: Steps to Address Lead Paint Hazards

If you believe your rental contains lead-based paint or your landlord isn’t fulfilling their legal duties, these are the steps you can take:

• Request the lead disclosure documents and lead-safe certification in writing.
• Schedule an independent inspection or contact your local health or code enforcement office if you suspect hazards.
• File a formal complaint if your landlord does not comply; provide photos, correspondence, and any other relevant documentation.

Which Tribunal Handles Lead Paint Disputes?

New Jersey renters can contact the Landlord-Tenant Information Service, which offers guidance and can direct cases to the local Superior Court, Special Civil Part: Landlord/Tenant Section. For code enforcement and safety, your local municipality’s code office is the first line of complaint.

Key New Jersey Laws & Legislation

• New Jersey Lead Hazard Control Act (P.L.2021, c.182) – Details rental lead inspection and remediation requirements.
• Truth in Renting Act (N.J.S.A. 46:8-43 et seq.) – Provides renters with health and safety rights, including lead safety disclosures.
• Federal Lead-Based Paint Disclosure Rule (Section 1018 of Title X)

FAQ: Lead Paint Hazards and Your Rights in New Jersey

1. What should I do if my landlord refuses to provide a lead-safe certificate?
   Start by making a written request for the certification. If you don’t receive it, contact your local health department or code enforcement agency to request an inspection or file an official complaint.
2. Is my landlord allowed to charge me for lead paint testing or remediation?
   No, landlords are responsible for all required lead investigations and remediation costs under state law.
3. Do all rental properties in New Jersey have to be inspected for lead?
   Most buildings built before 1978 must be inspected, but there are exceptions (such as dwellings certified as lead-free or certain seasonal rentals). Check the latest regulations with your municipality.
4. How can I confirm the results of a recent lead inspection?
   Ask your landlord for a copy of the official lead-safe or lead-free certificate. You can also contact your municipal building or health office for records.
5. If my child has elevated blood lead levels, what immediate steps should I take?
   Contact your local health department and notify your landlord right away. Your landlord will be required to remediate any lead hazards, and you may be eligible for state support resources.

Conclusion: Key Takeaways for Renters

• New Jersey landlords must disclose and address any lead paint hazards in pre-1978 rentals.
• As a tenant, you have the right to receive inspection records and lead-safe certificates.
• State and federal agencies can support you if your landlord is non-compliant—keep all your documentation.

Need Help? Resources for Renters

• NJ Division of Codes and Standards – Lead Paint Information
• Landlord-Tenant Information Service (NJ Department of Community Affairs)
• NJ Department of Health – Childhood Lead Program
• Superior Court, Landlord/Tenant Section
• EPA Lead Hazard Resources – National and federal-level guidance

---

1. NJ Division of Codes and Standards – Lead Paint
2. Landlord-Tenant Information Service (NJ DCA)
3. Truth in Renting Act Overview
4. EPA Federal Lead Disclosure Rule
5. NJ Superior Court: Landlord/Tenant Section

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations