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NJ Tenants Rights During COVID-19 Crisis - 2020
[Disclaimer: The information provided here is NOT a substitute for legal counsel and should not, in any way, be considered legal advice. Please reach out to a licensed attorney if you have legal questions related to these issues.]
CDC Protection
CDC Director Dr. Robert Redfield signed a declaration on September 4, 2020 determining that evictions of tenants could be detrimental to public health control measures to slow the spread of SARA-Cov-2, the virus that causes COVID-19.
"Under this Order, a landlord, owner of a residential property, or other person [3] with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order. This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order."
-Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19
The CDC Protection does not apply to New Jersey. This is intended for states with no local moratorium. If you reside in NJ, you do not need to fill out CDC Protection forms.
NJ Protection
On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which immediately suspended evictions throughout the state.
This is called an “eviction moratorium,” and means that no tenant may be removed from their home as a result of an eviction proceeding, with rare exceptions for cases such as when a tenant is violent or endangering other tenants. The eviction moratorium does not halt court proceedings; instead, it prevents lockouts and removals. The New Jersey Supreme Court controls court proceedings related to eviction and has suspended all eviction proceedings for now. This means that your landlord cannot take you to court at this time, but they will be able to once the courts reopen.
The eviction moratorium will last until two months after Governor Murphy declares an end to the COVID-19 health crisis, unless the Governor issues another Executive Order to end it sooner. Local officials will then resume removing tenants who are subject to final court orders of eviction.
FAQs for Renters
Ejectments
Ejectment refers to a landlord removing people from the premises who are not on the lease (squatters). If any of the following is true, (according to Superior Court of New Jersey - Law Division, Special Civil Part) you are most likely legally considered a tenant and the property owner will most likely need to go through the process of eviction to remove you:
- There has been a written or oral lease between you and the landlord
- Your landlord has at any point accepted rent, cash or services in lieu of rent during your occupancy
- There a pending domestic violence complaint between you and your landlord
- You are a sub-tenant, based upon a written/verbal lease, which allows subleasing
- Your landlord has purchased the property from you
Self Help Evictions (e.g. Lockouts)
Self Help Evictions refers to any situation in which a landlord forces a tenant to vacate the property without a court order. Common examples include changing the locks or turning off the utilities. A landlord must win an eviction lawsuit and obtain a judgment from the court in order to evict a tenant. Self help evictions are illegal in New Jersey, and is considered unlawful entry.
2A:39-1 Unlawful entry prohibited. No person shall enter upon or into any real property or estate therein and detain and hold the same, except where entry is given by law, and then only in a peaceable manner. With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and supplemented; P.L.1974, c.49 (C.2A:18-61.1 et al.), as amended and supplemented; P.L.1975, c.311 (C.2A:18-61.6 et al.), as amended and supplemented; P.L.1978, c.139 (C.2A:18-61.6 et al.), as amended and supplemented; the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.); or N.J.S.2A:35-1 et seq. and "The Fair Eviction Notice Act," P.L.1974, c.47 (C.2A:42-10.15 et al.). A person violating this section regarding entry of rental property occupied solely as a residence by a party in possession shall be a disorderly person.
-Actions for Unlawful Entry or Detainer N.J.S.A. 2A:39-1 through 2A:39-8
If your landlord is trying to force you from your home, please:
- If the removal is imminent, call the police or a legal services provider.
- If the removal is not imminent, please read the Truth in Renting Guide for more information on legal remedies.
Utilities
Utility bills are not suspended. If you anticipate struggling to pay utilities, make arrangements with your utility company. If English is not your first language, reach out through a housing councilor.
Landlords can apply for the Small Landlord Emergency Grant (SLEG). The Small Landlord Emergency Grant (SLEG) Program is reopening and expanding to reimburse owners of three- to 30-unit rental properties for lost rent revenue due to COVID-19 between April and July 2020, as long as they agree to forgive outstanding back rent and late fees that their tenant accrued during this time. Applications will be accepted from September 28 at 12 p.m. EDT to October 13 at 4 p.m. EDT
Hotel/Motel Residents
Normally hotel and motel residents do not have the same rights as tenants, but under Administrative Order 2020-09 and Executive Order 106, a number of groups residing in hotels/motels do have the rights of tenants to not be evicted from the premises, irrespective of if they are behind on payments to the hotel/motel, including:
- Homeless people
- Domestic violence survivors
- Individuals in hotels or motels in compliance with a court order.
"For the purpose of this Order, “residential property” means any property rented or owned for residential purposes, including, but not limited to, any house, building, mobile home or land in a mobile home park, or tenement leased for residential purposes, but shall not include any hotel, motel, or other guest house, or part thereof, rented to a transient guest or seasonal tenant, or a residential health care facility." -Executive Order 106
"Pursuant to Executive Order No. 108 (2020) and Administrative Order 2020-08 (April 4, 2020), it is further clarified that municipalities and counties may not impose restrictions in response to COVID-19 on the ability of hotels, motels, guest houses, or private residences, or parts thereof, to accept any individuals who have no permanent housing to which they may safely or lawfully return. Examples of individuals who would satisfy this criteria include, but are not limited to, homeless individuals, individuals affected by domestic violence, or individuals in hotels or motels in compliance with a court order. The State Director of Emergency Management reserves the right to amend this paragraph as needed to address the ongoing public health emergency." -Administrative Order 2020-09
Rooming and Boarding Houses
Rooming and Boarding House residents have the right to not be harassed or evicted without due cause, the right to have visitors, and a number of other protections outlined in the Rooming and Boarding House Act (§§ 55:13B-1 — 55:13B-21).
"The commissioner shall establish standards to ensure that every rooming and boarding house in this State is constructed and operated in such a manner as will protect the health, safety, and welfare of its residents and at the same time preserve and promote a homelike atmosphere appropriate to such facilities, including, but not limited to, standards to provide for the following: a. Safety from fire; b. Safety from structural, mechanical, plumbing, and electrical deficiencies; c. Adequate light and ventilation; d. Physical security; e. Protection from harassment, fraud, and eviction without due cause; f. Clean and reasonably comfortable surroundings; g. Adequate personal and financial services rendered in boarding houses; h. Disclosure of owner identification information; i. Maintenance of orderly and sufficient financial and occupancy records; j. Referral of residents, by the operator, to social service and health agencies for needed services; k. Assurance that no constitutional, civil, or legal right will be denied solely by reason of residence in a rooming or boarding house; l. Reasonable access for employees of public and private agencies, and reasonable access for other citizens upon receiving the consent of the resident to be visited by them; m. Opportunity for each resident to live with as much independence, autonomy, and interaction with the surrounding community as the resident is capable of doing."- N.J.S.A. §55:13B-6.
Illegal Units
When a unit is rented by a tenant and the government determines that the unit does not comply with zoning and housing codes, that is considered an illegal unit. The onus is not on the tenant to correct that illegality, the responsibility is solely on the landlord. According to NJ Eviction Law 2A:18-61.1h., if you are displaced due to residing in an illegal unit, you are entitled to your landlord reimbursing you for the cost of moving at the amount of six times the monthly cost of rent you were paying, due to you five days before your removal.
"a. If a residential tenant is displaced because of an illegal occupancy in a residential rental premises pursuant to paragraph (3) of subsection g. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and the municipality in which the rental premises is located has not enacted an ordinance pursuant to section 3 of P.L.1993, c.342 (C.2A:18-61.1g), the displaced residential tenant shall be entitled to reimbursement for relocation expenses from the owner in an amount equal to six times the monthly rental paid by the displaced person. b. Payment by the owner shall be due five days prior to the removal of the displaced tenant. If payment is not made within this time, interest shall accrue and be due to the displaced residential tenant on the unpaid balance at the rate of 18% per annum until the amount due and all interest accumulated thereon shall be paid in full."- 2A:18-61.1h.
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