Michelle Brunetti Post
ATLANTIC CITY -- About 7,000 landlords here are about to get letters from the city that give them 90 days to have their rental units visually inspected for lead-based paint by certified experts.
"It's a state mandate. We don't have any options here," said city Director of Licensing and Inspection Dale Finch on Monday. "We have to comply. It's not something we took upon ourselves to do. It's something the state indicates we have to do."
In 2022, the state passed a statute requiring all residential rental properties be inspected for lead-based paint by July 22 to determine if the property is Lead-Free, Lead-Safe or needs to be remediated.
"We are not involved in the inspections," Finch said. "We're involved in the collection of certificates when they have an inspection done."
The DCA has a listing of all the state-certified inspectors on its website, Finch said, and the city will soon post it to its website.
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Atlantic City is among the majority of municipalities in which only a visual inspection is required by a certified lead paint inspector, according to the state.
"A visual assessment is an examination of all painted building components for deteriorated paint or visible surface dust, debris, or residue," the state DCA website says. "The inspector should also look for paint chips or dust from painting activities that were not cleaned up and paint residue on floors."
Some municipalities, however, such as Ventnor and Egg Harbor City in Atlantic County, must have dust wipe testing. That is a higher level of testing.
In Cumberland County, Bridgeton, Commercial Township, Millville, and Lawrence Township must have dust wipe testing. In Cape May County, Middle Township and Wildwood Crest must have dust wipe testing.
As part of the inspections, the city also will collect a $25 fee it will keep, and a $20 fee to be passed on to the state, Finch said.
Large multi-family apartment buildings have long been inspected for lead paint by the state Department of Community Affairs, Finch said, so they are exempt.
Also exempt are properties built after 1978, when lead-based paint was no longer in use; seasonal rentals and short-term rentals such as Airbnbs; and units that already have been certified lead-free.
"These are mostly single family, two-family rental units, duplexes and triplexes," Finch said of the units covered by the new law.
"All rental dwelling units required to be inspected must be inspected for lead-based paint within two years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier," according to the state DCA. "This means that the first inspection must take place no later than July 22, 2024."
After the initial inspection, all units must be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier, according to Department of Community Affairs.
If lead is found, it must be safely removed, and an inspector must then certify each unit is either lead-free or lead-safe.
"Through my department we will continue to manage and establish a file of the conditions of the rental properties," Finch said.
He will manage the new responsibilities with existing staff, he said.
Asked what the city will do if a landlord simply ignores the letter and requirement to test, Finch said "that is to be determined."
Owners of rental units certified as Lead-Free, meaning no lead-based paint exists, must submit their certificates, pay the $45 fee, and no further action is required.
Owners of units certified as Lead-Safe, meaning there are no active lead hazards but the unit is not Lead-Free, must submit their certificates and pay the $45 fee. The property is then under a two-year exemption, and another inspection must be completed during the third year.
If there is a change in tenancy during the exemption period, another lead inspection must be completed. For each inspection, the certificate must be submitted and the $45 fee paid.
The state statute and city ordinance can be found at acnj.gov.
Questions should be directed to the City of Atlantic City Department of Licensing and Inspections at 609-347-5290.
REPORTER: Michelle Brunetti Post
609-841-2895
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