NJ Lead Paint Disclosure: What Landlords Need to Know

Who has to disclose

Federal law (42 U.S.C. 4852d, the Residential Lead-Based Paint Hazard Reduction Act) requires lead paint disclosure for ALL residential rental properties built before 1978, anywhere in the United States. NJ has no separate disclosure rule, but the federal rule applies to every NJ rental built before 1978.

Properties built in 1978 or later are not covered. The disclosure form is not required for those rentals.

What goes in the form

The disclosure must use EPA-prescribed language. You cannot rewrite or modify the statutory text. Specifically, the form must:

• State whether the landlord knows of any lead-based paint or lead hazards.
• List any reports or records the landlord has about lead in the unit.
• Include the EPA-required Lead Warning Statement and tenant acknowledgement signatures.
• Be accompanied by a copy of the EPA pamphlet “Protect Your Family From Lead in Your Home.”

Landlord obligations

• Disclose any known lead-based paint or hazards before the lease is signed.
• Provide the EPA pamphlet to the tenant.
• Give the tenant a 10-day window to inspect or test for lead at the tenant's expense (the parties can agree to a different period in writing).
• Have the tenant sign the acknowledgement attached to the lease.

NJ Lead-Safe Certification (P.L. 2021 c. 182)

On top of the federal disclosure, New Jersey requires periodic Lead-Safe Certification for many pre-1978 single- and two-family rentals, and for all multi-family rentals built before 1978. Inspections are conducted by a municipally-approved lead inspector or by a NJ-licensed lead evaluator.

The certification cycle is generally every three years, or at tenant turnover, with specific exemptions in the statute. Check with your municipal housing inspector for the current schedule and fee.

Penalties for non-compliance

Federal penalties for missing or false disclosures are severe. Tenants can recover triple damages plus reasonable attorney fees and court costs. HUD and EPA can also assess civil penalties per violation. NJ Lead-Safe Certification violations carry separate municipal fines.

Record retention

Keep the signed disclosure and the EPA pamphlet acknowledgement for at least three years from the start of the lease. If a dispute arises later, the signed disclosure is your primary defense.

How to find your build year

• Check your county tax assessor's online property record.
• Look at the deed or original title insurance policy.
• Ask the municipal building department for the certificate of occupancy.