Cal. Civ. Code § 5:28A-2.2
Fees for inspection
Operative Text
(a) The municipality shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the periodic lead-based paint inspection, including the cost of hiring a lead evaluation contractor, where applicable. These fees shall be solely dedicated to meeting the costs of implementing and enforcing this chapter and shall not be used for any other purpose. (b) In addition to these fees, each municipality shall assess an additional fee of $ 20.00 per unit inspected by a lead evaluation contractor or permanent local agency for the purposes of the Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1 et seq.), concerning lead hazard control work, unless the unit owner demonstrates that the Department has already assessed an additional inspection fee of $ 20.00 pursuant to the provisions of Section 10 at P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10). The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to Section 4 at P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4). (c) In a common interest community, any inspection fee charged pursuant to this chapter shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
Under N.J.A.C. § 5:28A-2.2, municipalities in New Jersey are required to charge dwelling owners or landlords a fee that covers the full cost of periodic lead-based paint inspections, including any lead evaluation contractor costs. On top of that base fee, an additional $20.00 per inspected unit is assessed and directed into the Lead Hazard Control Assistance Fund, unless the Department has already collected that $20.00 fee under the Lead Hazard Control Assistance Act. In common interest communities, the inspection fee falls on the individual unit owner rather than the homeowners' association, except when the association itself owns the unit.
Plain English — not legal advice.
Landlords and dwelling owners subject to N.J.A.C. § 5:28A-2.2 are generally expected to pay the municipality's lead-based paint inspection fee, which is set at a level sufficient to cover inspection costs including any lead evaluation contractor. An additional $20.00 per-unit fee is also assessed unless documentation shows the Department has already collected that amount under the Lead Hazard Control Assistance Act — compliant operators typically retain that documentation to avoid duplicate charges. Unit owners in common interest communities should be aware that this fee obligation rests with them individually, not with the homeowners' association, unless the association holds ownership of the unit.
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-2.2 establishes that the financial burden of lead-based paint inspection fees falls on the dwelling owner or landlord, not on tenants directly, and that fee revenue must be used solely for implementing and enforcing the lead inspection program. Tenants who believe a landlord is improperly passing these fees along or failing to comply with the inspection requirements may find it useful to review the New Jersey Department of Community Affairs' resources on lead paint regulations. Consulting a tenant-rights organization familiar with New Jersey housing law can help clarify what options are available when a landlord appears to be in violation of this provision.
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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