In 2020 according to one set of data, there were about 550,000 2- and 3-family rental properties in New Jersey. Many seniors own such buildings and live in one of the units. At a certain point in later life, they may be depending on their children (or others) as Power of Attorney or court-appointed Guardian to manage their finances and property. An important deadline is fast approaching that will affect many people who own rental properties. New Jersey’s Lead Paint abatement laws were updated in 2022. No later than July 22, 2024, Municipalities must inspect rental properties for lead paint unless the property is exempt from inspection. The new rules apply to rented single-family, two-family, and multiple dwellings of 3 units are more. “Owner occupancy” of a unit does not create an exemption for the building. Non-exempt properties must be re-inspected every two years unless the homeowner produces a lead-free certification. Many seniors own rental properties which were built before 1978. They need to know about this requirement, as the penalties can be steep. Here’s a guidebook. lead_based_paint_guide_rental_dwellings
What are the exemptions? (a) property built during or after 1978; (b) seasonal rentals; (c) dwellings that are Certified to be lead-paint-free; (d)Multiple rental dwellings that have been registered with the Department of Community Affairs for at least ten years and have no outstanding lead violations from the most recent cyclical inspection; (e) dwellings that were inspected under this Law and received a valid lead-free certificate. Read the regulations here.
Once the inspection occurs, many specific obligations are placed on the “owner” of the property. The POA or Guardian of the owner would be expected to fulfill the obligations on the property-owner’s behalf. This means, too, that if the property owner passes away, the Executor or Administrator of the Estate will have to fulfill the responsibilities under the lead paint inspection and abatement law. Anyone who owns a non-exempt property, or who is assisting a loved one to manage such a property, should investigate their responsibilities to respond to the town’s inspection and to take care of any needed abatements and get a certification of compliance.
To discuss your elder care situation, including guardianship and power of attorney, call for appointment ……….. 732-382-6070