Livingston Township is clarifying that a letter some rental property owners received about lead paint inspections did not come from the township.
The letter came from LEW Environmental Services, a private company the township has partnered with to help landlords comply with New Jersey's Lead Safe Certification Law. Landlords are not required to hire LEW and can use any state-licensed company, the township said in a civic alert posted Oct. 5.
What the law requires
New Jersey's Lead Safe Certification Law (N.J.A.C. 5:28A) requires landlords who own pre-1978 rental properties to have them inspected for lead-based paint hazards. The law was enacted in 2021 and took effect July 22, 2022, expanding coverage to one- and two-unit rental properties in addition to larger buildings already regulated.
After an initial inspection, units must be re-inspected every three years or when a new tenant moves in, whichever comes first, according to the New Jersey Department of Community Affairs. Lead-safe certificates are valid for two years. Landlords must give a copy of any certification to new tenants and attach it to the lease.
Who is exempt
The requirement does not apply to properties built in 1978 or later, seasonal rentals of fewer than six months per year, dwellings already certified lead-free, or properties holding a valid lead-safe certificate under the 2021 law. Multi-unit buildings registered with the NJ DCA for at least 10 years with no outstanding lead violations are also exempt.
Homeowners who do not rent out their properties are not affected.
Deadlines and penalties
The township's notice lists a state inspection deadline of July 22, 2025, a penalty-free grace period through Sept. 22, 2025, and a final completion deadline of the end of 2025. Those dates have all passed. The NJ DCA's own website lists an earlier initial deadline of July 22, 2024. The reason for the discrepancy is unclear, and the township's notice does not explain whether a new compliance window applies.
Under state rules, a property owner who fails to comply can be given 30 days to schedule an inspection or begin fixing any lead hazards. After that, fines can reach $1,000 per week until the inspection is done or remediation starts, according to the NJ DCA.
Regional pattern
Livingston is not the only Essex County municipality working with LEW Environmental Services. The Millburn Township Committee authorized a contract with the same company at its June 18 meeting.
Landlords can find out whether their property requires an inspection through LEW Environmental's Livingston page or by calling 1-800-783-0567.
