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Lender requires as a condition to the making of the Mortgage Loan that Borrower develop, implement and carry out an operations and maintenance plan for the containment or removal of paint containing more than one-half percent (0.5%) lead by dry weight (?Lead-Based Paint?) on the Mortgaged Property (?O&M Plan?).
Painting Over Lead-Based Paint Painting over lead paint, or encapsulation, is only effective if the old finish of the lead paint is still in excellent condition ? that is, not peeling or chipped. In addition, the encapsulated area must be monitored over time to prevent exposure to lead paint chips and dust.
The condition of the paint could offer a clue whether it contains lead. One of the telltale signs of lead in paint is ?alligatoring,? which looks like reptilian scales when the layer starts to crack and wrinkle. If paint creates a chalky residue when it rubs off, it could also contain lead.
This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978. Under Title X, before signing or renewing a lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property.
What is lead paint disclosure? NJ law requires that any potential buyer or lessor of a home or property be made aware of any currently known lead presence in the building, and of their future responsibilities as a property owner to ensure the building is lead-safe.