ASSEMBLY, No. 3624

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 12, 2018

 

 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Requires owners of residential rental property to conduct lead hazard inspections in certain situations.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Actconcerning lead hazard inspections prior to residential tenant turnover and supplementing P.L.1967, c.76 (C.55:13A-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1.      a.     As used in this section:

     "Drinking water outlet" means any faucet or tap regularly used for drinking or food preparation, including ice-making and hot drink machines.

     "Dwelling" means a single-family, two-family, and multiple dwelling.

     "Lead abatement" means a set of measures designed to eliminate permanently lead hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with federal standards.  Lead abatement includes the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, the removal or covering of lead contaminated soil, manual or automatic flushing of drinking water outlets, installation and maintenance of a filter at drinking water outlets, and the repair or replacement of drinking water outlets, plumbing, or service lines contributing to an elevated lead level.

     "Lead hazard" means any condition that causes exposure to lead from lead-contaminated dust, soil, or paint that is deteriorated or present in surfaces, which would result in adverse human health effects.  Lead hazard also means a lead concentration in drinking water that exceeds the standard established by the United States Environmental Protection Agency or the Department of Environmental Protection.

     "Lead-safe" means housing in which a lead hazard has been significantly reduced using interim controls, as defined in section 4851b of the "Residential Lead-Based Paint Hazard Reduction Act of 1992" (42 U.S.C. s.4851b), housing that is lead-free, or housing in which lead abatement has been performed.

     "Tenant turnover" means the time at which all existing occupants vacate a dwelling and all new tenants move into the dwelling.

     b.    (1)  A property owner who has agreed to rent a dwelling shall hire a lead evaluation contractor, certified to provide lead inspection services by the Department of Community Affairs, to inspect the dwelling for lead hazards before the tenant begins to reside in the dwelling.  The lead evaluation contractor shall test each drinking water outlet for the presence of lead.  The lead evaluation contractor shall submit lead water samples to a laboratory certified to test for lead by the Department of Environmental Protection, in accordance with sampling and testing methods approved by the department.

     (2)   A property owner renting a dwelling on the effective date of P.L.    , c.    (C.       ) shall hire a lead evaluation contractor, certified to provide lead inspection services by the Department of Community Affairs, to inspect the dwelling for lead hazards within 30 days of the effective date of P.L.    , c.    (C.         ) (pending before the Legislature as this bill).  The lead evaluation contractor shall test each drinking water outlet for the presence of lead.  The lead evaluation contractor shall submit lead water samples to a laboratory certified to test for lead by the Department of Environmental Protection, in accordance with sampling and testing methods approved by the department.

     (3)   A lead evaluation contractor hired to inspect a dwelling pursuant to this section may consult with the local board of health, the Department of Health, the Department of Environmental Protection or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead hazards.

      c.    Notwithstanding subsection b. of this section to the contrary, a dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the dwelling:

     (1)   was constructed during or after 1978;

     (2)   is a seasonal rental unit which is rented for less than six months' duration each year;

     (3)   has been certified as having a lead-free interior by a certified inspector; or

     (4)   the Bureau of Housing Inspection in the Department of Community Affairs during a cyclical inspection pursuant to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), certified the single-family, two-family, or multiple dwelling as lead safe within the preceding five years.

      d.   Notwithstanding subsection b. of this section to the contrary, a dwelling shall not be subject to inspection and evaluation of drinking water outlets for the presence of lead if the drinking water outlets have been tested within the preceding three years.

      e.    (1)     If a lead evaluation contractor finds that a lead hazard exists in a dwelling upon conducting an inspection pursuant to this section, then the owner of the dwelling shall remediate and dispose of the lead hazard by using abatement or lead hazard control methods, approved in accordance with the provisions of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.1 et al.), and shall notify the Commissioner of Community Affairs in accordance with subsection f. of this section.

     (2)   If a lead evaluation contractor finds that no lead hazards exist in a dwelling upon conducting an inspection pursuant to this section, then the lead evaluation contractor shall certify the dwelling as lead-safe.  Property owners shall provide evidence of a lead-safe certification obtained pursuant to this section at the time of the cyclical inspection carried out under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).

     f.     If a lead evaluation contractor finds that a lead hazard condition exists in a dwelling upon conducting an inspection pursuant to this section, then the property owner shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with section 8 of P.L.2003, c.311 (C.52:27D-437.8).  If the commissioner determines that the removal and relocation of a tenant is warranted, then the commissioner shall authorize the payment of relocation assistance pursuant to P.L.2003, c.311 (C.52:27D-437.1 et al.), and shall assist in the relocation of the tenant to lead-safe housing.  The commissioner may authorize the payment of relocation assistance pursuant to P.L.2003, c.311 (C.52:27D-437.1 et al.) to a tenant who has reached an agreement with a property owner to be the legal inhabitant of a dwelling, but has not begun residing in the dwelling because an inspection revealed a lead hazard.

 

2.      This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require property owners who have agreed to rent a one-family, two-family, or multiple dwelling, to hire a lead evaluation contractor, certified to provide lead inspection services by the Department of Community Affairs, to inspect the dwelling unit for lead hazards before the tenant moves into the dwelling.  If a property owner is renting a dwelling unit on the effective date of this bill, then the property owner must hire a lead evaluation contractor to inspect the dwelling for lead hazards within 30 days of the effective date of the bill.  Inspection for lead hazards includes the inspection of any faucet or tap regularly used for drinking or food preparation for the presence of lead.

     If a lead evaluation contractor finds that a lead hazard exists in a dwelling, then the owner of the dwelling must abate or control the lead hazard.  Under the bill, the Commissioner of Community Affairs may authorize the payment of relocation assistance to help relocate a tenant to lead-safe housing if a lead evaluation contractor discovers a lead hazard.  The bill authorizes the commissioner to pay relocation assistance to a tenant that has reached an agreement with a property owner to rent a dwelling unit, but has not moved into the dwelling unit because of the discovery of a lead hazard.

     If a lead evaluation contractor finds that no lead hazards exist in a dwelling upon conducting an inspection under this bill, then the lead evaluation contractor would certify the dwelling as lead-safe.  The property owner would provide evidence of a lead-safe certification during cyclical inspections carried out under the "Hotel and Multiple Dwelling Law," P.L. 1967.c.76 (C.55:134-1 et seq).

     The bill would exempt from inspection dwelling units in one- and two-family dwellings and multiple dwellings that are certified as having a lead-free interior, constructed during or after 1978, or are seasonal rental units.  These exemptions are consistent with provisions of current law governing one- and two- family dwellings and multiple dwellings.  Dwellings inspected for lead-based paint hazards within the last five years are exempt from lead-based paint inspections at tenant turnover.  Moreover, dwellings inspected for elevated lead levels in drinking water within the last three years are exempt from water testing at tenant turnover.