Cal. Civ. Code § 5:28A-1.3
Applicability and exemptions
Operative Text
(a) This chapter applies to all rental single-family, two-family, and multiple dwelling units with the exception of those exempt pursuant to (b) below. (b) The following rental dwelling units shall be exempt from the requirements of this chapter and, thus, shall not be subject to periodic lead-based paint inspection and evaluation for the presence of lead-based paint hazards: 1. Dwelling units that were constructed during, or after, 1978; 2. Single-family and two-family seasonal rental dwelling units that are rented for less than six months duration each year by tenants that do not have consecutive lease renewals; 3. Dwelling units that have been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17; 4. Multiple rental dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection performed on the multiple dwelling pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., and N.J.A.C. 5:10. i. All multiple dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and that have a current certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection, shall be exempt from this chapter; ii. All multiple dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years with open inspections that have no violations for paint shall also be exempt from this chapter; and 5. Dwellings with a valid lead-safe certification issued pursuant to this chapter. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
N.J.A.C. § 5:28A-1.3 establishes which rental dwelling units in New Jersey must undergo periodic lead-based paint inspections and which are exempt from that requirement. The rule covers single-family, two-family, and multiple dwelling units built before 1978 as a general matter, but carves out specific categories—such as units built in 1978 or later, short-term seasonal rentals, units already certified lead-free under N.J.A.C. 5:17, qualifying older multiple dwellings with clean inspection records, and units holding a current lead-safe certification. A lead-safe certification issued under this chapter remains valid for two years from its date of issuance.
Plain English — not legal advice.
Under N.J.A.C. § 5:28A-1.3, compliant property owners typically begin by determining whether their rental units fall within the chapter's scope or qualify for one of the enumerated exemptions. Operators of pre-1978 properties commonly verify whether they hold a current lead-safe certification, a prior lead-free certification under N.J.A.C. 5:17, or meet the long-registered multiple-dwelling exemption criteria—including a clean paint-violation record from the most recent cyclical inspection. Keeping documentation of registration history, inspection certificates, and lead-safe certifications current is a practice associated with maintaining exempt or compliant status under 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. § 5:28A-1.3 defines which rental units are entitled to lead-based paint inspections and evaluations, giving tenants a basis for understanding whether their home should be subject to those protections. Tenants in pre-1978 housing who are uncertain whether their unit is exempt or covered may request information about their landlord's lead-safe or lead-free certification status, since those certifications are tied to specific conditions and expiration dates. Tenants who believe their unit should be covered but has not been inspected can explore options such as contacting the New Jersey Department of Community Affairs, reaching out to a local tenant-rights organization, or raising the issue as a potential violation in relevant housing proceedings.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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