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LeadSafe Hudson LeadSafe HudsonNJ lead-safe certification guide
Last updated: August 6, 2026

NJ Lead-Safe Law: Every Question We Get Asked

Grouped by topic, answered directly, sourced from the statute and the DCA. Every answer was re-checked against the statute, N.J.A.C. 5:28A, and DCA guidance on August 6, 2026.

Note: this law covers lead paint in rentals. Lead in drinking water is a separate program; see NJ DEP water supply resources. Deeper guides: the law · the inspection · cost.

The law and who it covers

Is a lead inspection required for my NJ rental?

Yes, if the unit was built before 1978 and doesn't fit an exemption. The requirement comes from P.L. 2021, c.182, codified at N.J.S.A. 52:27D-437.16.

When did the law take effect?

It was signed in July 2021 and took effect statewide in July 2022. The first-inspection deadline was July 22, 2024 or tenant turnover, whichever came first.

Does it apply to single-family rentals?

Yes. Single-family homes, 2-to-4-family buildings, rented condos, and apartments are all covered if built before 1978.

Does it apply to owner-occupied homes?

No. The law covers rental units. A unit you live in yourself doesn't need a certificate until you rent it out.

Is this about lead in drinking water?

No. This law is about lead paint. Water testing is a separate NJ DEP program with its own rules.

Deadlines and turnover

When is my inspection due?

If the unit has never been inspected, it's overdue: the deadline was July 22, 2024 or the first turnover after July 2022. After a first inspection, the cycle is every 3 years or at each turnover.

What counts as tenant turnover?

A new tenancy in the unit: the old tenant leaves and a new one moves in. Lease renewals with the same tenant are not turnover.

My tenant has lived here for years. Am I off the hook?

No. The 2024 deadline applied regardless of turnover. Long tenancy only delays the turnover trigger for the next cycle.

Do I need a new inspection at every turnover?

Not if a current lead-safe certificate covers the unit. Certificates are valid 2 years; within that window, turnover doesn't trigger a new inspection.

How long is the certificate valid?

Two years from issuance. Mark the expiration: an expired certificate puts the unit back in uncertified status.

Penalties

What's the fine for not having a certificate?

After a notice of violation you get 30 days to comply. After that, fines run up to $1,000 per week until the unit is certified, per N.J.S.A. 52:27D-437.19.

I got a notice from the city. What now?

Use the 30-day cure window: book immediately (48-hour scheduling makes this comfortable), pass, and file the certificate. Fines only start after the window closes.

Who enforces the law?

Your municipality: local housing or code enforcement, backed by the DCA. Hoboken enforces through its Chapter 125 program.

Can tenants report a missing certificate?

Yes. Tenants can ask to see the certificate and can report peeling paint or a missing certificate to the municipality.

Exemptions

Which properties are exempt?

Four categories: built 1978 or later; certified lead-free under N.J.A.C. 5:17-3.16(b); seasonal rentals under 6 months a year without consecutive renewals; and multiple dwellings registered with DCA 10+ years with no outstanding lead violations.

My building was renovated. Is it exempt?

Only with a lead-free certificate based on XRF testing. Renovation without that documentation doesn't change the building's pre-1978 status.

Are condos exempt?

No blanket exemption. A rented condo unit built before 1978 is covered like any other rental.

Is Section 8 housing exempt?

No. HUD housing-quality inspections don't substitute for the NJ lead-safe certificate.

Does a summer rental count as seasonal?

Only if the unit is rented less than 6 months a year and the leases aren't consecutive renewals to the same tenant. A year-round unit with short leases doesn't qualify.

The inspection itself

What happens during a visual inspection?

A NJ DOH-certified inspector checks painted surfaces, especially friction and impact points: window sashes and wells, doors, trim, stair rails, following HUD visual assessment guidelines. Typical time is 30–60 minutes per unit.

Visual inspection or dust wipes: which one do I need?

The method is set per municipality by the DCA. Dust wipes are mandatory only where at least 3% of tested children show elevated blood lead; every Hudson County town on the DCA list, including Union City, West New York, and Weehawken, is visual.

How do I prepare the unit?

Make every room accessible, especially windows. Repair any peeling or chipping paint before the visit; intact paint passes, deteriorated paint fails.

How long does the inspection take?

Plan on 30–60 minutes per unit for a visual inspection. Multi-unit buildings are done in one visit, back to back.

Do I need to be present?

Someone has to provide access: you, your manager, or a tenant by arrangement. The inspector doesn't need the owner personally on site.

What if the inspector can't get in?

In Hoboken, refusing entry counts as a failed inspection under Chapter 125. Elsewhere, no inspection means no certificate, and the compliance clock keeps running.

Who is allowed to inspect?

An inspector certified by NJ DOH under N.J.A.C. 8:62, working for a DCA-licensed lead evaluation contractor, or a municipal program where one exists.

Cost and fees

How much does the inspection cost?

Market rates in NJ run $150–350 per unit, less for multi-unit buildings booked together. Add the $20 state certificate fee and your town's filing fee.

What is the $20 fee?

A state-mandated fee per lead-safe certificate, separate from the inspection price and from any local filing fee.

Are there discounts for portfolios?

Yes. 20+ units typically price at the low end of the range with one invoice and a 48-hour SLA. Property managers: call for portfolio pricing.

Can I deduct the inspection cost?

For a rental property it's generally an ordinary operating expense, but confirm with your tax preparer; we don't give tax advice.

If the unit fails

The unit failed. What are my options?

Two paths: interim controls (paint stabilization and cleaning, faster and cheaper) or full abatement (permanent removal). After the work, the unit is re-inspected and certified.

How much does remediation cost?

It depends on the scope, from targeted paint repair to full window replacement. We don't publish remediation prices; get a scoped quote after the inspection report.

Does a failed inspection get reported?

The hazard must be addressed; the municipality tracks open cases. The practical answer: fix and re-inspect within the required window rather than letting it sit.

Buying and selling

I'm buying a pre-1978 multifamily. What should I check?

Ask for current lead-safe certificates for every rented unit, or price the inspections into closing. Certificates transfer with the unit, not the owner.

Does the seller have to disclose lead paint?

Federal law requires a lead disclosure form and the EPA pamphlet for pre-1978 sales. That disclosure is separate from the NJ certificate requirement.

Do certificates transfer when I buy a building?

Yes, the certificate follows the unit. A certificate issued 6 months before closing still has 18 months of validity under the new owner.

What's the difference between lead-safe and lead-free?

Lead-safe: a visual pass, valid 2 years. Lead-free: XRF testing under N.J.A.C. 5:17-3.16(b), never expires and exempts the unit permanently. Lead-free costs more upfront but can pay off for renovated units.

For tenants

How do I check if my unit has a certificate?

Ask your landlord for a copy; they're required to keep it. You can also ask the municipal housing office whether one is on file.

There's peeling paint in my apartment. What do I do?

Report it to your landlord in writing first. If nothing happens, report it to the municipal housing office; deteriorated paint in a pre-1978 rental is exactly what this law exists for.

Can I be evicted for reporting?

NJ's anti-reprisal law protects tenants who report code violations. Document everything in writing. For legal help, see Legal Services of New Jersey (lsnj.org).

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