Is your property exempt from the NJ lead-safe law?

August 6, 2026

Four exemptions exist: units built in 1978 or later; units certified lead-free under N.J.A.C. 5:17-3.16(b); seasonal rentals leased under 6 months a year; and multiple dwellings registered with DCA for 10+ years with no outstanding lead violations. In Hudson County, honestly, most rentals fit none of them.

Each exemption, against real Hudson County buildings

Built in 1978 or later. The certificate of occupancy date controls. Helps for new construction along the waterfront and recent mid-rises; useless for brownstones, railroad flats, and frame walk-ups, which is most of the county’s rental stock.

Certified lead-free. A one-time XRF test of every painted surface. If the unit passes, the exemption is permanent. Realistic for gut renovations where old paint was stripped or encapsulated; see when lead-free pays off.

Seasonal rental. Under 6 months a year, no consecutive renewals to the same tenant. Designed for shore towns; almost never applies in Hudson County’s year-round market.

DCA-registered 10+ years, clean record. For registered multiple dwellings with no outstanding lead violations from the most recent cyclical inspection. Check your DCA registration history and the result of the last Bureau of Housing Inspection cyclical inspection before relying on it.

The honest paragraph

Per U.S. Census data (ACS table B25034), 52% of Hoboken's housing units were built before 1980, and the countywide picture is older still: 71% in Union City, 64% in West New York, 75% in North Bergen, and 79% in Bayonne. If you own a typical pre-war rental here, plan on the inspection. The exemption worth investigating is lead-free certification for renovated units; the rest are narrow.

If you think you qualify

Document it: the certificate of occupancy for post-1978 buildings, the lead-free certificate number, lease records for seasonal use, or your DCA registration history. Keep the paperwork with your rental registration. An exemption you cannot document does not protect you from a notice of violation.

Exemption questions

My unit was remodeled in the 1990s. Exempt?

No. Remodeling does not change the pre-1978 status. Only a lead-free certificate based on XRF testing exempts an older building.

Is an owner-occupied duplex exempt?

The unit you live in is not a rental and needs no certificate. The unit you rent out is covered.

Does Section 8 or a HUD inspection count?

No. HUD housing-quality inspections do not substitute for the NJ lead-safe certificate: the exemption list in N.J.A.C. 5:28A-1.3(b) is exhaustive and does not include them.

Not sure which side you fall on?

Describe the building on the call; if it is exempt, we will tell you so and you keep your money.

☎ Call (848) 313-9426