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NEW JERSEY DCA RELEASES MODEL LEAD IN DRINKING WATER DISCLOSURE FORM
By August 26, 2026 Posted in Landlord/Tenant Law Share
The New Jersey Department of Community Affairs (“DCA”) has published its Model Lead Disclosure Statement under P.L. 2025, c. 144. Starting November 15, 2026, covered landlords must give a “Lead In Drinking Water Disclosure” to prospective and current tenants before signing a new lease or renewal. DCA’s model statement is the form landlords may use to provide the required Lead In Drinking Water Disclosure.
There are three exemptions. The disclosure is not required for a property built after 1986, a property served by a line that the water system has determined is not a lead service line, or a seasonal rental unit leased for fewer than six months each year.
For covered properties, the disclosure has two basic parts: information provided on the form and certain notices that may need to be attached. The form asks for the building’s construction date and the water system that sent the lead or unknown-line notice. It also gives tenants information about health risks and ways to reduce their exposure.
When applicable, the landlord must attach certain notices. That includes a formal notice of a lead action level exceedance received within the prior three years, unless the notice was received more than 12 months before the lease or renewal and the water system later corrected the exceedance. It also includes any DCA citation that resulted in a penalty and was issued during the 12 months before the lease or renewal.
How the disclosure is provided depends on whether the lease or renewal is written or oral. For a written lease or renewal, the landlord may use DCA’s model form as a separate notice. The disclosure may instead be a separate lease rider, but it must be in at least 12-point type and separately signed or acknowledged by both sides. For an oral lease, the model form must be given as a separate notice.
Enforcement begins with an opportunity to fix the problem. DCA must give the landlord written notice and 15 days to cure. If the violation is not cured, the penalties are $100 for a first violation, $500 for a second, and $1,000 for a third or later violation. An affected tenant may also file a complaint with DCA.
Landlords and property managers should use the next few months to confirm each property’s construction date and service line status, collect water-system notices, and add the disclosure to their lease and renewal process.
If you believe this new disclosure requirement may affect your property and have questions or concerns, Griffin Alexander, P.C., can help. Our attorneys are experienced in all aspects of Community Association and Landlord-Tenant law. We can help ensure that your property remains in compliance with applicable laws and amendments.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.