Cal. Civ. Code § 5:17-2.2
Conflict of interest
Operative Text
(a) No business firm shall be certified to offer lead evaluation or lead abatement services if any person who is a proprietor, general partner, officer, director, employee, or shareholder or limited partner in the firm is employed as an official or inspector by any agency, public or private, enforcing the State Uniform Construction Code Act or, except as otherwise provided in paragraph(a)2 below, is employed by any public health department or agency in the State of New Jersey. 1. This section shall not apply to the ownership of stock or other investment instrument in any corporation listed on any national stock exchange. 2. Any other provision of this subsection to the contrary notwithstanding, a business firm may be certified to offer lead evaluation services only, despite the fact that a person who is a proprietor, general partner, officer, director, employee, or shareholder or limited partner in the firm is employed by a public health department or agency in the State of New Jersey. In any such case, the business firm shall not engage in the business of lead evaluation within the area of jurisdiction of the public health department or agency by which any such person is employed and shall not have any relationship to any individual or business firm performing lead abatement services. (b) There shall be no relationship between the individuals or business firms performing lead abatement services other than clearance testing at a job site and the individuals or business firms performing clearance testing at the same job site. (c) Except as otherwise provided in (a)2 and (b) above, nothing contained in this section shall be deemed to prevent a business firm from offering both evaluation and abatement services, or from offering all abatement services, including clearance testing. (d) For evaluation services rendered for the purpose of complying with the requirements of N.J.A.C. 5:10, of any other applicable maintenance code or of another State or local law, there shall be no personal, professional or economic relationship between the individual(s) or business firm performing the lead evaluation services and the property owner other than the contract to perform lead evaluation services.
N.J.A.C. § 5:17-2.2 establishes conflict-of-interest rules for firms seeking certification to perform lead evaluation or lead abatement services in New Jersey. A firm cannot be certified if any of its principals or employees also work as officials or inspectors enforcing the State Uniform Construction Code, or—with a narrow exception—work for a public health department. The provision also prohibits financial or professional ties between the firm conducting a lead evaluation and the property owner, and bars the same firm that performs abatement from also conducting clearance testing at the same job site, with limited exceptions spelled out in the rule.
Plain English — not legal advice.
Under N.J.A.C. § 5:17-2.2, property owners who hire firms for lead evaluation or abatement services should verify that the firms they engage hold valid certifications and are free of the conflicts of interest the rule prohibits. Compliant operators confirm that the evaluating firm has no personal, professional, or economic relationship with the property owner beyond the evaluation contract itself, as required by subsection (d). Keeping documentation of the firms' certifications and their independence from one another is a standard practice for demonstrating compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:17-2.2 is designed to ensure that the firms conducting lead evaluations and abatement work in your building are independent and free from conflicts of interest that could compromise the integrity of those services. Tenants have an interest in knowing that any lead evaluation performed to satisfy a maintenance code obligation—such as N.J.A.C. 5:10—was carried out by a firm with no improper ties to the property owner. If you have concerns about whether the firms involved in lead work at your property meet these independence requirements, tenant-rights organizations and the New Jersey Department of Community Affairs can be resources for understanding your options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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