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Stanhope to introduce rental property lead-inspection ordinance May 26 after state law requires testing for pre-1978 units
Summary
Administrator McNeilly and Attorney Leo told council the Borough must adopt an ordinance to contract a certified lead-inspection vendor for rentals built in 1978 or earlier, in compliance with the May 2023 state law; LEW Environmental Services was named as a provider used by neighboring towns.
Administrator Kevin McNeilly and Borough Attorney Ursula Leo briefed the council on a state requirement (effective May 2023) that essentially all rental properties built in 1978 or earlier — single-family, two-family and multifamily — must be inspected for lead. McNeilly said municipalities must adopt an ordinance to contract certified inspection vendors and that LEW Environmental Services (Mine Hill) currently provides that service to multiple Sussex County towns and charges the property owner directly.
Attorney Leo described the procedural steps: an ordinance must be adopted and then the Borough can contract with a certified vendor to perform inspections, file required paperwork with the town and state, and collect fees from property owners. McNeilly said he will place the ordinance for introduction on the May 26 council agenda and asked council members to review the draft beforehand.
No ordinance was adopted on April 28; council approval for introduction was requested. The council did not identify a specific fee schedule during the April 28 meeting; the vendor arrangement and fee collection are expected to be set out in the ordinance and contract documents.
