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My landlord won’t do anything to remove the lead in my apartment.
The Lead Hazard Control Assistance Act was signed into law in January 2004. This law requires landlords of almost all housing that has three or more living units and was built before 1978 to maintain all the units or apartments in a lead-safe condition. This means that a landlord must either have the property certified “lead-free” or keep surfaces that contain lead (for example, walls, window sills, floors) from becoming a “lead hazard.” There are some towns that also follow these same requirements for one- or two-family rental units. If this applies to you, you can contact the Lead Safety Unit within the Bureau of Code Services at the New Jersey Department of Community Affairs at (609) 633-6224 to find out if your community requires landlords of smaller rental properties to follow the state’s law for lead-safe maintenance.
If the living unit or apartment has not been certified “lead-free,” a landlord must answer a written complaint and correct any problem that is creating a lead hazard within 30 days of being notified by a tenant. If there is a pregnant woman or a child under the age of six living in the apartment, the landlord must correct the problem within one week of receiving a written complaint. If your apartment has lead paint and you see chipping or peeling that you think may be hazardous, notify your landlord in writing. Keep a copy of the letter and mail the letter to the landlord by certified mail, with a return receipt from the post office that will show when your landlord received your complaint about a possible lead hazard. If your landlord does not respond to you in the time required by the law, notify the Bureau of Housing Inspection at the New Jersey Department of Community Affairs at (609) 633-6219.
Please read the section on your legal rights to learn more about this.
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I live in the projects. Does the housing authority have to do anything?
Yes, there are special rules to protect children in public and Section 8 housing. They are explained in the section on HUD-associated housing.
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Can I remove or cover the lead paint myself?
New Jersey requires that anyone who does work intended to reduce or remove lead hazards (lead abatement) must be trained and certified by the Department of Health and Senior Services (DHSS). Any contractor who accepts lead abatement jobs must be certified by the Department of Community Affairs (DCA). Removing lead paint is very dangerous because it produces paint chips, dust, and fumes that contain lead. Covering lead paint can also cause dangerous levels of lead dust.
Any uncertified person who knowingly or purposely performs lead evaluation or abatement is guilty of a disorderly persons offense. DHSS can sue in a civil court to stop or prevent a violation of this law. Violators can also be fined up to $1,000 for the first offense and $5,000 for each subsequent offense. Make sure that you or your landlord hires a properly certified worker to remove lead paint. For more information, call the Department of Community Affairs at (609) 633-6224.
The law makes an exception for homeowners. Homeowners do not have to be trained or certified to remove lead paint from their own homes. This exception only applies to a dwelling unit that the homeowner owns and lives in. But the state’s new Lead Hazard Control Assistance Act (LHCA) has created a fund for low, deferred interest loans to owners of single- and multi-family dwellings who use trained and licensed lead abatement contractors to abate or eliminate hazardous lead-based paint. See What kinds of things do these materials say should be done during abatement for more information.
If you are a homeowner and you still want to remove lead from your home yourself, you will have to get a construction permit before you begin. You will also have to follow the same rules and use the same special tools as certified professionals. Although the law allows it, many experts think that it is not safe for untrained homeowners to try to remove or cover lead in their homes. If you are thinking about removing lead from your home, be sure to read the state’s Lead Hazard Evaluation and Abatement Code first. The next section tells you how you can get a copy.
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How can I make sure that lead repairs are done safely?
Learn about proper lead abatement yourself so that you can make sure the person doing the work is doing it right. Get a copy of “Lead Hazard Evaluation and Abatement Code,” the state regulations on removing and covering lead paint, from the New Jersey Department of Community Affairs at (609) 633-6224. The regulations are also found in Chapter 17 of Title 5 of the New Jersey Administrative Code (N.J.A.C. 5:17). These regulations describe how all lead abatement must be done.
You should also call the New Jersey Department of Health and Senior Services at (609) 292-5666 to get a copy of the following materials:
- “Important Information for Homeowners and Renters about Lead Paint Hazards.”
- “Chapter 13 of the State Sanitary Code,” the state regulations on lead-poisoned children. The regulations are also found in Chapter 51 of Title 8 of the New Jersey Administrative Code (N.J.A.C. 8:51). These regulations apply when a child is lead poisoned.
You might also want to look at the recommendations made by the U.S. Department of Housing and Urban Development (HUD) in its “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, 1995.” The HUD Guidelines cover testing, abatement (removing or covering), clean-up, and disposal of lead-based paint. You can view and print the HUD Guidelines. Or you can order the HUD Guidelines for $45 a copy from:
HUD USER
P.O. Box 6091
Rockville, MD 20849
or call (toll-free) 1-800-245-2691 and ask for HUD USER information. (HUD USER offers a number of other helpful publications at a lower cost.)
The Centers for Disease Control also recommend certain abatement procedures and protections in “Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials,” published in November 1997, and “Preventing Lead Poisoning in Young Children,” published in October 1991. These publications present technical descriptions of poisoning, treatment, and abatement. Copies are available from CDC free of charge by writing or calling:
Centers for Disease Control
EHIC/OD/OPEL/PA
Mail Stop F-29
1600 Clifton Road, N.E.
Atlanta, GA 30333
1-888-232-6789 (toll-free publications line) or
(404) 639-3311 (CDC main line)
Many CDC publications are also available for free online at their Web site.
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What kinds of things do these materials say should be done during abatement?
When lead paint is being removed or covered, the work area should be sealed off from the rest of the home and warning signs posted so residents don’t accidentally enter the work area. The floor must be covered with a layer of 6 mm plastic sheets. The ventilation system must be turned off and vents sealed in the work area. The occupant’s personal belongings and furniture should be removed from the work area (or at least sealed with taped plastic sheets) so lead dust doesn’t settle on them.
The regulations and materials describe what techniques and tools should be used and the kind of protective clothing workers should wear. They cover how to safely clean up and get rid of trash. They warn that no one should remove lead paint unless the work area is safely sealed off from the residents. In some cases, the residents have to be out of the home until the job is completed.
Some techniques for removing lead are not allowed because they produce too much dangerous dust and fumes. It is illegal to remove lead paint by:
- Open flame burning or torching.
- Using a heat gun above 1,100 degrees Fahrenheit.
- Sanding or grinding without a special vacuum system (HEPA) attached to catch the dust.
- Sandblasting or high pressure washing without a HEPA vacuum system.
- Dry scraping.
Workers must clean up using a HEPA vacuum and damp mop. They must seal lead waste for proper disposal, often in a hazardous waste landfill. When the job is done, they must do dust wipe tests in the work area to make sure all dangerous lead dust has been cleaned up.
If the people doing lead abatement work in your home are not licensed, or if they are doing it unsafely or not following the regulations, call your local health department and local construction officials immediately.
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I heard it’s okay for a worker to remove lead paint with a heat gun if you keep the room clean and windows open.
That’s wrong. Whatever way it’s done, it is very dangerous to remove lead paint. The precautions above should always be followed. Workers should use respirators and protective clothing and take other safety precautions. Opening the windows is not enough.
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Someone told me that you should replace windows and doors that have lead paint.
Any surface covered with lead paint that a child can chew or that is constantly being rubbed against another surface should be replaced or covered. Windows and doors have those kinds of surfaces. Replacing windows and doors is almost always safer than removing the lead paint on them and repainting with nonleaded paint. Sometimes it is less expensive, too.
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I own my own house, but I can’t afford to have someone remove or cover the old paint. What can I do?
This is a big problem. Hudson County has a program in which residents can borrow money for lead abatement at very low interest rates, or receive it as a grant. Homeowners or landlords with low-income tenants may apply. Other cities or counties may have similar programs. Contact your local health department or your city council to see if there is a program that can help where you live.
Fleet Bank and New Jersey Citizen Action have set up a program that makes loans for removing lead hazards at reduced interest rates. Contact New Jersey Citizen Action at (732) 246-4772 for more information about that program.
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