New Jersey Required Disclosures: Flood Risk, Lead Paint & Truth in Renting

New Jersey requires landlords to make a wide range of disclosures before, during, and at the termination of a tenancy. Recent legislation, including the 2024 Flood Risk Notice and the 2022 Lead-Safe Certification Act, has significantly increased the compliance burden for NJ property owners.

1. Flood Risk Notice (Effective March 20, 2024)

Under N.J.S.A. 46:8-50, all landlords (both residential and commercial) must provide a written disclosure regarding flood risk before the lease is signed.

• FEMA Designation: Disclose if the unit is in a Special or Moderate Flood Hazard Area.
• Flooding History: Disclose if the property or parking area has experienced previous flooding.
• Tenant Insurance: The notice must advise tenants that their personal property is not covered by the landlord's insurance and that they should obtain flood insurance.

2. Lead-Safe Certification (P.L. 2021, c. 182)

Effective July 2022, all residential rental properties built before 1978 must undergo a lead paint inspection.

• Certification: Landlords must obtain a "Lead-Safe Certificate" or "Lead-Free Certificate" from a certified inspector.
• Filing: A copy of this certificate must be provided to the tenant and the municipality.
• Renewal: Inspections must be repeated every 2 years or at every tenant turnover (whichever is earlier).
• Exemptions: Seasonal rentals of less than 6 months and owner-occupied units with no more than two rental units are exempt.

3. Truth in Renting Statement (N.J.S.A. 46:8-43)

Landlords of buildings with two or more units (unless owner-occupied) must:

• Provide a copy of the Truth in Renting booklet at the start of the lease.
• Post a copy in a prominent place (lobby or entrance).
• Inform the tenant of their right to receive the booklet annually.

4. Window Guard Notice (N.J.A.C. 5:10-27.1)

In buildings with three or more units, the landlord must provide a written notice at least once a year:

• Tenant Right: Tenants have the right to request window guards if a child 10 years of age or younger lives in the unit or will be a frequent visitor.
• Mandatory Language: The notice must use specific bold text as required by NJ law.
• Installation: If requested in writing, the landlord must install them (landlords can charge a small fee in some cases, but many municipalities mandate free installation).

5. Security Deposit Notification

Within 30 days of receiving a deposit, the landlord must disclose:

• Name and address of the bank.
• Type of interest-bearing account.
• Current interest rate.

Best Practices

1. Combine Disclosures into an Addendum: Bundle the Flood Risk, Window Guard, and Lead-Safe docs into one "New Jersey Mandatory Disclosures" packet.
2. Track Certification Expiry: Set a 2-year reminder for your Lead-Safe inspection to avoid municipal fines.
3. Use the Official Flood Form: The NJ DEP provides a standardized form that meets all N.J.S.A. 46:8-50 requirements.

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