Lead Paint Disclosure
42 U.S.C. §4851 to §4856: Residential Lead-Based Paint Hazard Reduction Act of 1992
N.J.S.A. 24:14-8: Occupant of dwelling with lead paint poisoning or high risk of lead intoxication; notice to owner of public nuisance; order to abate;
N.J.S.A. 24:14-8.1: Eviction of occupants to avoid corrective maintenance;
N.J.S.A. 24:14A-9: Failure of owner to obey notice or order to abate; removal of nuisance; payment of expenses by owner
Lead based paints were used extensively in homes built before 1978. Lead poisoning is a major health concern, particularly with young children. Federal law requires the seller of any home built before 1978 to:
- Inform the buyer of any known lead-based paint, or hazards such as dust from lead-based paint, in the building;
- Give the buyer a copy of any lead hazard evaluation report that the seller may have; and
- Give the buyer at least ten days to have a lead-based paint hazard inspection of the property.
If a real estate broker is involved, the broker must also inform the buyer about any known lead-based paint or paint hazard on the property.
The New Jersey Department of Health regulates inspection and removal of residential lead paint hazards.
- Any homeowner or landlord whose property poses a high risk of lead poisoning to a child, or where a child has lead poisoning, must remove or cover the areas within ten days of receiving a notice from the Board of Health.
- No homeowner or landlord may evict families with young children to avoid fixing the problem.
- If the homeowner or landlord fails to follow an order of the Board of Health, then the Board of Health may do the repairs and bill the owner. If the owner refuses to pay for repairs, the board can sue to recover the cost of repairs to the dwelling.
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