Cal. Civ. Code § 5:28A-4.1
Municipal enforcement
Operative Text
(a) A municipality, or its permanent local agency, shall be authorized to conduct investigations and issue penalties in order to enforce a property owner's failure to comply with this chapter. 1. The owner of the dwelling shall first be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts. 2. If the owner of the dwelling has not cured the violation within that time period, they shall be subject to a penalty, not to exceed $ 1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated. Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods. (b) Pursuant to N.J.A.C. 5:28A-2.1(d), the municipality shall exercise appropriate oversight of a landlord or owner who chooses to hire a lead evaluation contractor to perform the periodic lead-based paint inspection. (c) Upon the filing of a complaint with the Department by any person, or on the Department's initiative, the Department shall be authorized to conduct investigations and issue penalties against a municipality for its failure to comply with this chapter. 1. The municipality shall be given a period of 30 days to undertake necessary inspections of dwellings subject to this chapter and provide proof of inspection to the Department. Proof of inspection shall be in the form of lead-safe certifications issued pursuant to this chapter, or notification that a lead-based paint hazard exists in a dwelling, and that remediation will be initiated. 2. If the municipality has not cured the violation within that time period, it shall be subject to a penalty not to exceed $ 1,000 per week until the necessary action has been taken. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
Under N.J.A.C. § 5:28A-4.1, municipalities (or their designated local agencies) are empowered to investigate property owners and impose penalties when owners fail to comply with lead-based paint inspection and remediation requirements. Property owners receive a 30-day window to cure a violation before financial penalties begin, after which penalties can reach up to $1,000 per week until the required inspection is completed or remediation is initiated. The state Department also has authority to investigate and penalize municipalities themselves if they fail to carry out their oversight duties under this chapter, with the same 30-day cure period and up to $1,000 per week in penalties applying to non-compliant municipalities.
Plain English — not legal advice.
Property owners and managers subject to N.J.A.C. § 5:28A-4.1 generally stay in compliance by completing required lead-based paint inspections on schedule and, when a hazard is identified, promptly engaging a licensed lead abatement contractor or other qualified party to initiate remediation. Compliance-minded operators keep documentation—such as lead-safe certifications or written contracts with abatement professionals—readily available, since these records can demonstrate that a violation has been cured within the 30-day notice period. Failing to act within that window exposes an owner to escalating penalties of up to $1,000 per week, enforced by the municipality or its permanent local agency.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in dwellings covered by N.J.A.C. § 5:28A-4.1 have the benefit of a two-tier enforcement system: their municipality is responsible for ensuring landlords conduct required lead inspections and remediation, and the state Department can step in if the municipality itself is not fulfilling that duty. If a landlord has not completed a required inspection or initiated remediation, a tenant or any other person may file a complaint directly with the Department, which can then investigate and penalize the municipality for inaction. Tenants seeking to understand their options can contact their local rent or housing office, a tenant-rights organization, or review the full text of N.J.A.C. § 5:28A-4.1 to learn more about the complaint and enforcement process.
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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