Sept 2024

RECENT LEGAL... from page 32.

Lead-Based Paint Hazards The New Jersey Legislature just passed S. 3368/A. 4623 (2024), which would amend N.J.S.A. § 52:27D-437.16. As of writing this, the bill has not yet been signed by the governor—however, it is likely to be signed as it was passed unanimously. The law previously required that municipalities with permanent local inspection agencies inspect rental units for lead-based paint hazards at tenant turnover, or every two years, whichever comes first. This bill now requires inspection into common areas but extends the inspection time from turnover or every two years, to turn over or every three years. Currently, the law provides certain exceptions to this inspection requirement, including: • units certified as free of lead-based paint; • buildings constructed during or after 1978; • multiple-family buildings that have been registered with the DCA for at least 10 years, and have no outstanding lead-based paint vio lations from the recent inspection (the new bill would change this requirement, so that there are no outstanding lead-based paint vio lations from the two most recent inspections); • single- or two-family season rentals that are rented for less than six months of the year; and • units with a valid lead-safe certifi cation. If lead hazards are detected during an inspection, property owners must remediate the hazards using

Additionally, water companies must complete an inventory of all lead ser vice lines and replace them within ten to fifteen years. They must notify cus tomers once a lead service line is iden tified. Under N.J.S.A. § 58:12A-43, landlords who receive this notice must: • Provide a hard copy of the notice to each resident. • Post the notice in a common area until all lead service lines are replaced. • Inform new residents about the lead service line and give them a hard copy of the notice when they move in. While these laws affect landlords primarily, it is important for associa tions to be familiar with their respon sibilities in situations where they are directly renting out units to tenants.

Lead in Drinking Water/ Service Lines

Recent laws have tackled the issue of lead in drinking water and service lines in New Jersey. Water compa nies must notify customers if lead levels exceed 15 parts per billion. Under N.J.S.A. § 58:12A-12.6, associa tions acting as landlords who get any notice about lead in water must: • Distribute the info to every tenant. • Post the info prominently at the entrance of each rental building (except single-family homes without common areas). This notice doesn’t apply if a tenant is directly billed by the water company.

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SEPTEMBER 2024