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Borough attorney: state‑mandated lead inspections require rental properties to comply
Summary
Borough attorney Michael Pasqual told council that letters about lead inspections are tied to a state requirement; rental property owners must comply unless exempt (properties built in 1978 or later, DCA‑registered, or certified lead‑free).
Borough attorney Michael Pasqual told the Hawthorne Borough Council on Aug. 13 that letters sent to some residents about lead‑based paint inspections were issued because the state requires a rental‑property inspection program and the borough’s contractor is performing the outreach.
"This is actually a required inspection imposed by the state of New Jersey and there's nothing we can do about it because we are required to follow up with this," Pasqual said, explaining that the borough sent letters on official letterhead and that the contractor, Lou Environmental, is handling the inspections.
Pasqual described exemptions and certification types: properties constructed in 1978 or later are exempt; properties registered with the Department of Community Affairs (DCA) may be exempt under certain conditions; a "lead safe" certification indicates no chipping and lasts two years, while a "lead free" certification indicates no lead and lasts indefinitely.
He advised residents who received a letter but believe they are not landlords to contact Lou Environmental for a correction. Pasqual framed the outreach as compliance with state law rather than a solicitation.
Why it matters: rental property owners must comply with state lead‑inspection requirements; the distinctions between lead safe and lead free affect testing frequency and obligations.
Next step: tenants and property owners with questions were directed to call Lou Environmental as the contractor handling the program.
