News Bulletin

From the Law Office of Michael D. Mirne
3200 Sunset Avenue Ocean, NJ 07712
(732) 988-7200 Fax (732) 776-7444
Internet: http://www.mirnelaw.com/

The practice of being a Landlord is rapidly changing with new laws and changes to existing laws. In this month's newsletter, we will examine recent changes to The Lead Paint Disclosure Act.

Lead Safe Maintenance Program

Under recent amendments to New Jersey's Lead Safe Maintenance program, all buildings built prior to 1978, with three or more residential dwellings, are automatically presumed to be affected by lead paint. The new statute places the burden upon landlords to have their buildings tested. The penalty for having an untested building can range between $17 per unit to $50 per unit. In addition, all maintenance personnel are required to be trained in lead safe work practices. These practices involve using proper containment, proper lead removal or encapsulation techniques, proper cleaning and measurement of residual levels of dust to ensure that it does not exceed Federal guidelines.

The New Guidelines

The new guidelines leave Landlords with three possible options. One option that landlords often choose is to not comply with the new law. This option, however, exposes the landlord to risk of fines, suits and possible criminal charges. The second option would be to comply with the statute by paying for inspections and training their workers. The final option is to hire a NJDCA Certified Lead Evaluation Firm to conduct a lead paint inspection of the entire building. In the long run, this option is safest and the least expensive for landlords. Under the law, only a small portion of apartments in a large complex are required to be tested. Properties that are certified as "lead free" will keep that designation for the life of the structure. As always, please remember that if your building was constructed prior to 1978, you must have your tenants sign a lead paint disclosure. I have attached a copy to this bulletin in case you do not already have one.

Other Office News

I will be out of the office November 15 through 20 to attend a seminar. We will not be available to make any Court appearances on those dates. However, my assistant, Amanda Pettineo will be available on both the 15 ^th and the 20 ^th to answer any questions you may have while I am out.

Disclaimer: This Primer provides general information and should not be construed as legal advice. Each person's case is unique and the information in this Primer may not be applicable to your particular case. For a free initial consultation, you may contact our office.