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What does the law say about lead paint?
New Jersey law does not allow using lead paint on toys, furniture, or dwelling surfaces—both inside and outside—that are “readily accessible” to children (places in the home that are easily reached, such as window sills, stairs, and doors). It’s against the law to sell toys or furniture containing lead paint. (Federal law does not allow lead in paint either.)
The law states that hazardous lead paint on inside or outside surfaces of a dwelling is a public nuisance.
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Do I have any rights against lead-based paint before I move into a home?
Federal law requires that you receive certain information before renting or buying most pre-1978 housing where children might reside. Landlords must tell you about any known lead-based paint hazards before leases take effect. Sellers also must disclose known lead-based paint hazards before selling. But sellers and landlords do not have to test for lead hazards before they sell a house or rent an apartment. So, if you get a notice saying there are no known lead hazards, that does not guarantee that there are no lead hazards. It only means that the seller or landlord says he or she does not know of any lead hazards. Buyers then have 10 days to check for lead hazards. Both leases and contracts will include a federal form about lead-based paint in the building, and you should be given a lead hazard information pamphlet written by the Environmental Protection Agency. For more information on these requirements, you can call the National Lead Information Clearinghouse at 1-800-424-LEAD or the regional EPA office at (732) 321-6671. You can also access the pamphlet and regulations online at the EPA Web site.
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My neighbor’s son had a 26 blood lead level. What does that mean?
New Jersey law requires local health departments to check the homes of children under six whose blood lead level is 20 µg/dL or more, and order landlords to remove any lead hazards they find. Children with blood lead levels of 15-19 µg/dL should be retested every one to three months to make sure the level is not rising. Parents should use the precautions described in this handbook to reduce their children’s exposure to lead. If it has the resources, the local health department may check the home of a child who has repeated blood tests with lead levels of 15 to 19 µg/dL.
In general, adults should not have blood levels over 20 µg/dL either. Females in their child-bearing years should be especially careful about lead, because lead from the mother’s body harms the developing baby during pregnancy.
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What does the local health department do? What does the state health department do?
The local (city or county, also called “municipal”) health department is responsible for investigating violations of lead paint laws. It should stop or abate public nuisances. It must also make sure the laws are obeyed. Local health departments report to the New Jersey Department of Health.
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What does the local health department do if my child is lead poisoned?
If your child under six years old has a lead level of 20 µg/dL or more on a test of blood taken from a vein, the health department must inspect the house or apartment where the child lives. The health department must then order the owner or landlord to remove (abate) all lead hazards from your child’s home. The health department will give tenants a copy of the notice to the landlord so that they know what hazards have to be removed.
If your child under six years old has a lead level of 20 µg/dL or more on a test of blood taken from a finger prick, the health department first must promptly arrange to have another test done with blood from a vein. If the lead level on the second test is also 20 µg/dL or more, the health department must go ahead with the inspection and order the owner to remove all lead hazards.
The most common lead hazards that the owner or landlord will have to remove are:
- All lead paint that is chipping, peeling, cracking, or flaking.
- When the inspection finds lead-contaminated dust in the home, any lead paint that is being rubbed and worn down, like lead paint on window frames.
- Any lead paint that is being hit or struck, like lead paint on door frames, if the paint is being chipped or damaged.
- Any lead paint on a surface that your child chews.
- Any lead-contaminated bare soil where your child plays or that gets tracked into the home.
Read the section about removing lead paint hazards for information about how lead hazards can be removed safely.
You and your family should never be present in the work area where lead hazards are being removed. The work can create dangerous lead dust. In some cases, the health department may decide that you have to temporarily move out of your home while the work is being done. The landlord is responsible for temporarily relocating tenants while lead abatement is being done, if that becomes necessary.
If your child under six years old has repeated blood tests with lead levels of 15 to 19 µg/dL, the health department will give you information about things you can do to protect your child from lead. The health department may also do a limited inspection of your home for lead hazards.
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Do I have to wait until my child is lead poisoned before the health department will do anything?
No. The local health department must abate (remove) public nuisances. Lead paint in a home is a public nuisance if it is creating a hazardous condition. For any rental situation, you should check the apartment before moving in.
Health departments may tell you they do not have to inspect your home if your child is not lead poisoned, but that is not so. Inform them that the law states that they must make sure hazardous lead paint is abated. The laws that state this are N.J.S.A. 24:14A-5 and N.J.S.A. 26:3-46.
First, explain how you know you have lead paint (for example, home test kit results, previous inspection, inspection of an apartment in the same building). Then tell them why it is creating a hazardous condition (paint is chipping or peeling, walls or ceilings are damaged so that paint is loosened, and so forth). Tell them if there is a child under six or a pregnant woman in the house.
Lead paint is a particular hazard for children who chew on painted surfaces (such as window sills), paint chips, dirt, or dust. If your child has been lead poisoned before, that makes lead paint particularly hazardous.
Tell your health department all of the things that make the paint dangerous for your family. This information will help health department inspectors and nurses know which children are in the most serious danger, and they will try to check these homes as soon as possible. Unfortunately, many local health departments do not have enough staff to check the home of every person who calls them.
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What if the local health department doesn’t follow through in getting rid of the lead?
If you have any complaints about your local health department, call the New Jersey Department of Health and Senior Services (DHSS) at (609) 292-5666. DHSS can force the local health department to act.
Because local health departments have limited resources, they need your assistance to make sure the laws are obeyed. Be home when you say you will be. They may need your help to find your landlord.
Local health departments are trying to do a difficult job with limited resources. But it is up to you to make your local health department aware of your problems so that it can respond to your needs. Lead poisoning is a very serious matter. Despite a limited budget, your health department should act, and act quickly.
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Will the health department shut down the building because of lead?
If it does, I have nowhere to go. It is unlikely that the health department would condemn an apartment just because of lead. However, when state or local authorities close a home or order the owner to repair it to enforce health, housing, or building codes, tenants are entitled to relocation assistance. To be eligible for relocation assistance, you must have lived in the apartment for at least 90 days. The law states that you cannot be displaced from your old home until you have a new home.
You may be eligible for $500 in moving expenses and start-up costs, and up to $4,000 in rental assistance payments or down payment assistance, depending on the rent or cost of your new home. Homeowners also may be entitled to relocation assistance. Relocation assistance is also available when you must leave your home because the owner is rehabilitating (fixing) it by government order or with government money.
Contact your town’s relocation assistance officer. The housing or welfare department should tell you who that is. If not, call the New Jersey Department of Community Affairs, Landlord/Tenant Information at (609) 292-4174. This office can provide information regarding the relocation assistance program.
If your request for relocation assistance is denied, speak to a lawyer. You may be entitled to a fair hearing.
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I’m afraid that if I complain about lead paint, my landlord will kick me out. What can I do?
Your landlord might try to give you a hard time if you stand up for your rights to a safe home. But a landlord can’t kick you out just because you got the local health department there to inspect. The law states:
No person found to be in violation of the law shall evict, or cause to be evicted, occupants for the purpose of avoiding corrective maintenance ordered by the local board of health to eliminate hazardous lead exposure. N.J.S.A. 24:14A-8.1.
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Can I hold back my rent until the landlord fixes the lead paint problem?
Holding back your rent and putting it in a special account may be a possibility. However, you should talk to a lawyer before you do so, since you risk being evicted. You may be eligible for free legal services if you have limited income. (List of Legal Services offices.) Otherwise, you should see a private lawyer.
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My landlord said he’s not going to remove the paint even though the health department ordered him to remove it.
If the owner doesn’t remove or cover the paint when he is ordered to do so, the local health department can make the repairs if it has money in its budget for that purpose. The health department can then send a bill to the owner for the repairs. If the owner doesn’t pay, the health department can take him to court and put a lien on the property.
If the owner doesn’t hire certified lead workers to make the repairs, or if they do a sloppy job, they could end up filling the apartment with lead dust, making it a very dangerous place to live. If the landlord doesn’t hire certified workers or the workers do the repairs in a messy way, call the local health department and construction official immediately and tell them what is happening. They should stop the unsafe work, and order the landlord to abate properly.
You can also contact your local Legal Services office, your local health department, your legislative representatives, or other community advocacy groups.
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If my child has a blood lead level of 20 µg/dL or more, does the owner of the motel where we are living now have to get rid of the lead or cover it up?
Although the law doesn’t say anything about motels, it covers “any building or structure” used as a residence, including “any dwelling unit, rooming house or rooming unit, and any facility occupied or used by children.” N.J.S.A. 24:14A-4.d. So if you live in a motel, the owner must remove or cover lead paint if your child is under six and has a blood lead level of 20 µg/dL or more.
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Can a landlord refuse to rent to me because I have kids and he’s afraid they’ll get lead poisoning?
No. It is against the law for a landlord or rental agency to refuse to rent to you, or to try to evict you, because you are pregnant or you have children under 18. The only exception is for senior citizen housing or retirement communities.
If you feel you have been discriminated against because your family has children, you can write or call:
U.S. Department of Housing and Urban Development (HUD)
Office of Fair Housing and Equal Opportunity
26 Federal Plaza, Room 3532
New York, NY 10278
(212) 264-1290
You can also sue the landlord or agency you believe discriminated against you in court. Call your local Fair Housing Council for more information.
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Can I sue if it turns out my child is seriously harmed by lead?
If you or your child is seriously harmed by lead, then you may be able to sue those who caused the harm. Many lawyers will handle lead cases without charge, then take a part of the damage award, if any, as payment. Legal Services lawyers do not handle these types of cases. Caution: You may have a limited time to sue. Adults generally have two years from the time they learn of their injury and its cause to sue. There are exceptions for children, who generally have two years from the time they turn 18 to file their case. However, when you have claims against a public entity (such as a city or public school, for example), you must file a claim within 90 days of the injury, although there may be limited exceptions. If you do not meet the time limits, you may lose the right to sue. So, if you are thinking of suing, begin to interview lawyers now.
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