Sept 2023

which is mandated for every single-family, two-family, and multiple-rental dwell ing unless certain exemptions apply. While the law frequently uses the word “tenant,” it does not necessarily apply solely to apartments. Lead Safe Certifications are issued by either a municipal inspector or a pri vate inspector hired by the property owner or the municipality. This Certification becomes a crucial piece of documentation attesting to the safety of the residen tial units. The law requires inspections at the turnover of a unit (i.e., when the existing residents vacate and new residents move into the unit) or every three years, whichever comes first. The law also mandates that an initial inspection be conducted within two years of when the law passed (July 22, 2022). If an inspection finds that a lead-based paint hazard exists in the unit, then the owner of the unit must remediate the lead-based paint hazard under the proto cols of the “Lead Hazard Control Assistance Act.” Following the remediation, an additional inspection will be necessary to certify that the hazard no longer exists. Importantly, if an inspection finds that a lead-based paint hazard exists in the unit, then they must notify the commissioner of the Department of Community Affairs (“DCA”). From a legal standpoint, condominiums and community associations must be aware of the exemptions provided under the law as they determine whether or not a particular unit requires a Lead-Safe Certification. Specifically, this Certification is not required for units that: CONTINUES ON PAGE 26

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