Cal. Civ. Code § 5:28A-2.1
Periodic lead-based paint inspection: performance
Operative Text
(a) The initial inspection for all single-family, two-family, and multiple dwellings subject to this chapter shall be upon tenant turnover or within two years of the effective date of P.L. 2021, c. 182, July 22, 2022, whichever is sooner. Thereafter, all such dwelling units shall be inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection shall not be required at tenant turnover, if the dwelling unit owner has a valid lead-safe certification for the dwelling unit. 1. In all scenarios, the next periodic lead-based paint inspection shall be counted from the most recent periodic lead-based paint inspection that resulted in a valid lead-safe certification. (b) A municipality that maintains a permanent local agency shall be responsible for inspecting every single-family, two-family, and multiple dwelling subject to this chapter for lead-based paint hazards, except pursuant to (d) below. Inspections shall be performed on the time table set forth at (a) above. 1. The municipality may appoint a qualified staff member(s) within the permanent local agency to conduct periodic lead-based paint inspections pursuant to this chapter. Qualification shall be determined in accordance with applicable State laws or rules. (c) If a municipality does not maintain a permanent local agency or a qualified staff member, the municipality shall hire a lead evaluation contractor to perform inspections for lead-based paint hazards in every single-family, two-family, and multiple dwelling subject to this chapter. Inspections shall be performed on the time table set forth at (a) above. (d) A municipality shall permit, if a landlord or owner so chooses, a dwelling unit owner or landlord to directly hire a lead evaluation contractor to conduct the periodic lead-based paint inspections for lead-based paint. Inspections shall be performed on the time table set forth at (a) above. 1. The municipality shall have the authority to conduct inspections or investigations of landlords or owners that directly hire lead evaluation contractors to ensure that periodic lead-based paint inspections are being performed, in accordance with this chapter. 2. The municipality shall have the authority to prohibit an owner from directly hiring a lead evaluation contractor to conduct a periodic lead-based paint inspection in the following situations: i. An owner, who previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection, failed to have the inspection completed; or ii. The municipality determines there is a conflict of interest between the owner and their lead-evaluation contractor of choice. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
Under N.J.A.C. § 5:28A-2.1, covered residential dwellings in New Jersey must undergo periodic lead-based paint hazard inspections on a defined schedule — initially at tenant turnover or within two years of July 22, 2022, whichever comes first, and then every three years or at tenant turnover, whichever is earlier. A dwelling unit with a valid lead-safe certification is exempt from the turnover-triggered inspection requirement. Municipalities bear primary responsibility for arranging these inspections, either through a qualified local agency, a hired lead evaluation contractor, or by permitting landlords to directly hire their own qualified contractor.
Plain English — not legal advice.
Property owners and managers subject to N.J.A.C. § 5:28A-2.1 generally maintain awareness of their inspection schedule, ensuring that lead-based paint hazard inspections occur at the required intervals — at tenant turnover or every three years, whichever comes first. Operators who hold a valid lead-safe certification for a dwelling unit are not required to arrange a new inspection solely because of a tenant change. Landlords who choose to directly hire a lead evaluation contractor under subsection (d) should be aware that the municipality retains authority to audit compliance and may revoke that option if an inspection is missed or a conflict of interest is identified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in single-family, two-family, or multiple dwellings covered by N.J.A.C. § 5:28A-2.1 have an interest in knowing that their unit is subject to periodic lead-based paint hazard inspections, with inspections generally required at move-in turnover or on a three-year cycle. If a tenant believes an inspection has not been conducted as required, they may contact their local municipal housing or health office, which holds enforcement authority under this provision. Tenant-rights organizations can also help residents understand what records or certifications a landlord should be able to produce regarding lead-safe status.
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.
Effective Timeline
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