Cal. Civ. Code § 5:28A-2.3
Periodic lead-based paint inspection: procedure
Operative Text
(a) For municipalities in which less than three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five [micro]g/dL, or if different, the level set forth at N.J.S.A. 52:27D-437.16, according to the central lead screening database maintained by the New Jersey Department of Health, or other data deemed appropriate by the Department, the periodic lead-based paint inspection may be performed through a visual assessment. 1. For a visual assessment, the permanent local agency or lead evaluation contractor shall examine dwellings, in accordance with HUD guidelines and regulations at 42 U.S.C. § 4851b for deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, window, trim, and surfaces that experience friction or impact. (b) For municipalities in which at least three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five [micro]g/dL, or if different, the level set forth at N.J.S.A. 52:27D-437.16, according to the central lead screening database maintained by the New Jersey Department of Health, or other data deemed appropriate by the Department, the inspection shall be performed through dust wipe sampling. 1. For dust wipe sampling, the permanent local agency or lead evaluation contractor shall collect samples by wiping representative surfaces, including floors, interior windowsills, and other similar surfaces, and tested, in accordance with methods approved by HUD. 2. A visual assessment, in accordance with (a) above may be undertaken during the course of the dust wipe sampling. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
N.J.A.C. § 5:28A-2.3 establishes two different inspection procedures for periodic lead-based paint inspections in rental dwellings, with the required method determined by local childhood blood lead level data. In municipalities where fewer than three percent of tested children six and under have elevated blood lead levels, a visual assessment of painted surfaces for deterioration, dust, debris, or residue is sufficient. Where that threshold is met or exceeded, a more rigorous dust wipe sampling procedure—collecting and testing samples from floors, windowsills, and similar surfaces—is required instead, though a visual assessment may also be conducted alongside it.
Plain English — not legal advice.
Under N.J.A.C. § 5:28A-2.3, compliant property operators first determine which municipality their rental unit is located in and check whether that municipality falls above or below the three-percent blood lead level threshold maintained by the New Jersey Department of Health. If the property is in a lower-prevalence municipality, operators arrange for a qualified permanent local agency or lead evaluation contractor to conduct a visual assessment of all painted components—particularly walls, windows, trim, and friction or impact surfaces—following HUD guidelines. If the property is in a higher-prevalence municipality, operators ensure that dust wipe sampling is performed on representative surfaces such as floors and interior windowsills using HUD-approved methods, and they retain documentation of the results.
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-2.3 gives tenants a basis for understanding what type of lead-based paint inspection their dwelling should receive based on local public health data. Tenants in municipalities where childhood blood lead levels meet or exceed the three-percent threshold are entitled to the more thorough dust wipe sampling procedure rather than a simple visual check. Tenants who believe the correct inspection procedure was not followed may contact the New Jersey Department of Community Affairs, consult a local tenant-rights organization, or raise the issue as a potential code compliance concern with their municipality's housing enforcement office.
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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