Renting a pre-1978 unit in NJ: your lead-safety rights

August 6, 2026

If your building was built before 1978, your landlord is required to have it inspected and to hold a lead-safe certificate (or a permanent lead-free one). You have the right to ask for a copy, and deteriorated paint is exactly what the law exists to catch.

How to check your unit

Ask your landlord for the certificate. They are required to keep it. A reasonable landlord sends a copy the same day.

Check with the municipal housing office. Certificates are filed with the municipality; the housing or code enforcement office can tell you whether one is on record for your address.

Look at the date. Certificates are valid two years. An expired one means the unit is due for re-inspection.

Peeling paint: the escalation path

First, report it to your landlord in writing (email counts) and keep a copy. Most owners fix it; paint stabilization is cheap compared to what follows. If nothing happens in a reasonable time, report the condition to your municipal housing office. Deteriorated paint in a pre-1978 rental with a child under six in the household is treated seriously; testing your child’s blood lead level is free through your pediatrician or the local health department.

New Jersey’s anti-reprisal law protects tenants who report code violations in good faith. Document everything in writing. For free legal help, see Legal Services of New Jersey; for the state program, see NJ DCA.

Tenant questions

Can I withhold rent over lead paint?

Rent withholding in NJ has strict procedural rules and real risk. Get advice from LSNJ or a tenant lawyer before trying it.

My landlord says the building is exempt. How do I check?

Ask which exemption and for the paperwork: a post-1978 certificate of occupancy or a lead-free certificate. The exemptions are narrow.

Does a certificate mean the unit has no lead paint?

No. Lead-safe means no deteriorated paint hazards were visible at inspection. Intact old paint is usually still lead paint; report any new peeling.

If you are a landlord who just got a tenant complaint: fix the paint, then certify. Both steps fit inside a typical complaint timeline, and the certificate closes the case cleanly. Call (848) 313-9426.