Cal. Civ. Code § 5:28A-2.5
Remediation
Operative Text
(a) Where a lead-based paint hazard exists in a dwelling, the owner shall remediate the hazard by using either abatement or interim controls. The owner shall choose the appropriate remediation mechanism. (b) Interim controls shall be performed, in accordance with the requirements of the United States Department of Housing and Urban Development at 42 U.S.C. § 4851b and detailed within the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. (c) Abatement work shall be performed in accordance with the requirements in the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C. 5:17. (d) Any relocation of tenants required pursuant to a remediation shall be undertaken, in accordance with applicable law. (e) Upon conclusion of the remediation, the following procedure shall be followed: 1. If the owner utilized interim controls for remediation, the lead evaluation contractor or permanent local agency shall conduct an additional inspection within 60 days of the initial inspection by using dust wipe sampling. If the inspections shows that the hazard no longer exists, the lead evaluation contractor or permanent local agency shall certify the unit as lead-safe on the form prescribed by the Department . The certification shall be valid for a period of two years from the date of issuance; and 2. If the owner utilized abatement for remediation, and a lead abatement clearance certificate has been issued by the local enforcing agency in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodical lead-based paint inspections. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
Under N.J.A.C. § 5:28A-2.5, when a lead-based paint hazard is identified in a dwelling, the property owner is required to eliminate that hazard through one of two recognized methods: abatement (permanent removal) or interim controls (temporary measures that reduce exposure). The choice of method carries different long-term consequences — interim controls result in a lead-safe certification valid for two years, while successful abatement can yield a lead-free certificate that exempts the unit from future periodic inspections. Any tenant displacement made necessary by the remediation process must follow applicable legal requirements, and a follow-up inspection is required after interim controls are used to confirm the hazard has been addressed.
Plain English — not legal advice.
Property owners subject to N.J.A.C. § 5:28A-2.5 generally ensure that any identified lead-based paint hazard is remediated using either abatement performed in compliance with N.J.A.C. 5:17 or interim controls performed in accordance with HUD guidelines under 42 U.S.C. § 4851b. Compliant operators coordinate with a licensed lead evaluation contractor or permanent local agency to conduct the required follow-up dust wipe sampling within 60 days when interim controls are used, and they retain the resulting lead-safe or lead-free certification documentation. When remediation requires tenants to temporarily relocate, operators handle that process in accordance with applicable law and maintain records of all steps taken throughout the remediation.
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-2.5 establishes that tenants living in a dwelling with a confirmed lead-based paint hazard have a right to have that hazard remediated by the property owner, and any required relocation during that process must be handled according to applicable law. After interim controls are completed, tenants can expect a follow-up inspection within 60 days to confirm the hazard no longer exists, with a lead-safe certification issued if the unit passes. Tenants who believe a landlord has failed to comply with these remediation requirements may consider contacting the New Jersey Department of Community Affairs, reaching out to a local tenant-rights organization, or exploring whether the violation can be raised in a relevant legal proceeding.
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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