For additional resources, try calling 2-1-1. The court may still send you a notice to appear at a telephone- or video-conference, however (see above). Tel: 609-393-7707. Lowenstein Sandler will not use or disclose your information except as stated in our privacy policy. The state Supreme Court has required landlords to certify their compliance with the CARES Act, and the Administrative Office of the Courts issued a form certification as Attachment 6 to its July 28 directive. As most are already aware of, residential tenants in New Je The Stout report estimates that 40 percent of New Jersey renter households, or about 450,000, face being unable to pay the next month’s rent. Maybe. If financial assistance is granted for rent or home energy costs, the entity administering the rental assistance must make payments directly to landlords or utility companies on behalf of tenants and provide tenants with proof of such payments. Current program participants may email or call the field offices or the customer service line at 609-292-4080 or email: customer.service@dca.nj.gov to leave messages with questions. What if my landlord has already started an eviction proceeding against me in housing court and I have an upcoming court date? In New Jersey, however, the Law Against Discrimination prevents a landlord from refusing to cooperate with agencies offering rent subsidies or declining such subsidies. In general, residents cannot be evicted if they “have no permanent housing to which they may safely or lawfully return and live at a hotel or motel on a continual basis.” Under Administrative Orders 2020-08 and 2020-09 (issued by the State Director of Emergency Management on April 4 and April 24, 2020), the following hotel and motel residents are generally protected from eviction: Others may be protected as well. Counseling is free of charge. Evictions for reasons that aren’t related to non-payment of rent during the eviction moratorium may still be processed for real estate investors in New Jersey. Income re-certifications may be submitted through DCA’s online portal and through mail. Suspended terminations for non-essential reasons (those not involving violence and/or threats to others) in the Section 8 Housing Choice Voucher (HCV) and State Rental Assistance Program (SRAP); Extended the housing search period for all current voucher holders to the full 120 days allowed by the U.S. Department of Housing and Urban Development (HUD) for those without disabilities or who are not elderly for the housing search period. Can my landlord increase my rent during the COVID crisis? those who are part of state initiatives aimed at getting people out of group shelters; those supported by a governmental housing assistance program; health-care workers who need a temporary place to stay; individuals affected by domestic violence; and. The contents of this website contain attorney advertising. “The steps I am outlining today will help those who are suffering financial harm through no fault of their own continue to stay afloat as we work our way through this. They are required to help you get back into your home. Applications for these relief options are available at https://www.hesaa.org/Documents/Relief%20Options/Unemployment.pdf  and https://www.hesaa.org/Documents/NJCLASSTempDisabilityForm.pdf In addition, NJCLASS borrowers can apply for financial hardship relief. of New Jersey residents by, among other things, reducing the rate of community spread of COVID-19, I issued Executive Order No. The Federal government allocated these funds to the State of New Jersey, 14 counties, and the cities of Newark and Jersey City for distribution. 10 West Lafayette Street Trenton, NJ 08608-2002. Therefore, the extension of the federal moratorium won’t have any impact in New Jersey as long as the state moratorium remains in place. Are the courts holding proceedings other than trials? The CARES Act states that a landlord may not “require the tenant to vacate” the property until 30 days after giving the tenant a notice to vacate. UPDATE: Federal eviction moratorium extended through 3/31/21. By NJBIA. On October 15, 2020, the Governor’s Office issued Executive Order 190. If assistance is provided, landlords must provide the tenant with documentation of the grant. Households can receive only up to 3 months of forward rent, but they can reapply for additional assistance so long as they do not exceed the 15-month limit described above. In New Jersey, the state eviction moratorium has broader protections and supersedes the federal CDC eviction moratorium. I am glad the Governor sees the necessity of this legislation and the relief that this law will give to thousands of scared New Jersey families at this uncertain moment.” The Governor also is asking any financial institution holding residential or commercial mortgages, equity loans, lines of credit or business loans, to implement a process to work with the mortgagors or loan holders to avoid foreclosure or default arising out financial hardship caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19. New Jersey renters like Nanton can’t be kicked out of their homes, even if they miss rent payments, under a COVID eviction moratorium Gov. You don’t have to tolerate tenants committing criminal acts, threaten other tenants, or any other legitimate reason for eviction. Finally, in related efforts to help with the financial cost of COVID-19, the governor announced today the New Jersey Higher Education Student Assistance Authority (HESAA) will offer assistance to those who need help making regular payments to NJCLASS student loans due to a diminished income. With the COVID-19 crisis upon us and New Jersey businesses shuttered, many commercial tenants suddenly find themselves deprived of the ability to pay their rent. By Jennifer L. Alexander, Esq. The state eviction moratorium will last until two months after Governor Murphy declares an end to the COVID-19 health crisis. If you cannot pay now, you will have to pay later. ... New Jersey Business & Industry Association. These loans provide vital economic support to help overcome the loss of revenue caused by COVID-19. Note that on September 1, 2020, the federal Centers for Disease Control and Prevention (CDC) issued an order that prevents residential lockouts for some residential tenants. > Moratorium on Evictions, Foreclosures in Place for NJ. October 30, 2020 Posted in Landlord/Tenant Law Share. Generally, yes. This is a time to care for our neighbors and fellow citizens.” “As people work anxiously to keep themselves and their loved ones safe in the face of this pandemic, they should not also have to live in the fear of going homeless,” said Senator Nellie Pou. Yes, but we are waiting for information on how tenants can apply for this assistance. Continued to offer language access services to clients who need them. “It is unsettling to think a family could be evicted or asked to leave their home due to foreclosure proceedings at this time,” said Assembly Sponsors Angela McKnight and Benjie Wimberly. If you do not pay, your landlord can still demand the rent and file an action against you in court (see below). DCA offers low-income tenants assistance with some utility bills; you can call the customer service number on your utility bill, or look up the number here, to try to work out a payment plan; or you can check the website of the Board of Public Utilities for a list of agencies that offer assistance. Visit https://njhousing.gov/foreclosure for a list of counselors by county. The Governor then immediately signed Executive Order No. Renters should still try to make their monthly payments but will not be evicted if they cannot afford them. those staying in hotels or motels in compliance with a court order. 106, which imposes such a moratorium. To get financial counseling on meeting your rental obligations, check the website of New Jersey Housing and Mortgage Finance Agency, which lists free counselors in every county. The federal eviction moratorium and those of many states expired by the end of last month. Other rental assistance. Any previously issued order for removal is suspended, and you cannot be removed from your home during the moratorium. To discuss your individual circumstances, contact a legal services organization such as Legal Services of New Jersey, Volunteer Lawyers for Justice – New Jersey, Community Health Law Project, Essex County Legal Aid Association, or City of Newark Office of Tenant Services. See the CPUC's website on consumer protections during the COVID-19 outbreak for details. If you are at risk of eviction or are concerned about paying rent, use this online eviction moratorium information and question tool to see your rights and what assistance programs are available. If the lease is renewed, the landlord may also require the tenant to post a new security deposit either six months after the end of the Public Health Emergency or when the lease is renewed, whichever is later. “Governor Murphy and I understand that this is an extremely stressful time, especially for our most vulnerable residents who are experiencing homelessness or facing eviction,” said Lt. Rent is still due, and you should pay if you can. If you get a notice like this, you should: Does federal law prevent my landlord from filing an eviction case against me? On March 19, Murphy ordered a moratorium on evictions during the public health crisis, to remain in effect up to two months after that ends. Landlords can also apply for rental assistance on behalf of the tenant, but they must obtain the tenant’s consent and signature on the application. The landlord must comply with such a request. Those who rent to federally subsidized tenants, including tenants who: live in Section 8 project-based housing, or. The foreclosure and eviction moratorium, which has been in effect since March 18, 2020, benefits 28 million homeowners who have mortgages guaranteed by … The Consolidated Appropriations Act of 2021 provides $25 billion in federal emergency rental assistance, of which an estimated $591,000,000 will be allocated to New Jersey residents. As of March 13, 2020, New Jersey’s electric and gas utilities voluntarily suspended utility shut-offs. In any case, a lockout cannot happen until the moratorium under the state order is lifted. By order of Governor Murphy, there is a moratorium on residential evictions and foreclosures in New Jersey. We still do not know who will administer the program in New Jersey or how/where to apply for this assistance. What if a lockout notice or warrant of removal has already been issued? They will also bolster public health by ensuring that residents facing eviction or foreclosure can stay in their homes, protecting them against increased risk of contracting and spreading COVID-19.” Assembly Bill No. On March 19, 2020, Governor Murphy signed Executive Order 106 enacting a moratorium on removal of people form their homes due to tenant evictions or foreclosures. 3859 was sponsored by Assemblymembers Angela McKnight, Holly Schepisi, and Benjie Wimberly, and Senators Joseph Cryan and Nellie Pou. Are the courts accepting cases that landlords file against tenants? Volunteer Lawyers for Justice – New Jersey, some general answers to questions about rental assistance, New Jersey Housing and Mortgage Finance Agency, temporary moratorium on all rent increases, certify their compliance with the CARES Act. Tenants should know, however, that the CARES Act also prohibited covered landlords from charging fees (such as late fees or attorney’s fees) related to nonpayment of rent between March 27 and July 25. Mar 23, 2020. Yes. The Treasury Department has issued guidance stating that a federally subsidized household “may receive ERA [emergency rental assistance], provided that ERA funds are not applied to costs that have been or will be reimbursed under any other federal assistance.” However, if an eligible household receives a subsidy that is adjusted based on household income (e.g., a Section 8 voucher, public housing, or project-based rental assistance), the household “may not receive ERA assistance.”. The counseling is available now and can be provided remotely. We must do everything we can to keep families safe and in a home until we get to the other side of this public health crisis. Any payments received by the landlord must be used to satisfy the tenant’s rental obligations. For example, DCA has suspended termination of subsidies in the Section 8 Housing Choice Voucher and State Rental Assistance Programs, unless the tenant has engaged in violence or threats against others. We will get through this New Jersey.” “This pandemic could have a serious impact on how many of our residents are able to make a living,” said Assemblywoman Holly Schepisi. Local officials will resume removing tenants who are subject to final court orders of eviction. Phil Murphy signed in March — at least for now. 106, https://faq.business.nj.gov/en/articles/3789809, https://www.hesaa.org/Documents/Relief%20Options/Unemployment.pdf, https://www.hesaa.org/Documents/NJCLASSTempDisabilityForm.pdf, https://www.hesaa.org/Documents/Relief%20Options/Financial%20hardship.pdf. Note that any emergency rental assistance received under this law will not be treated as “income” for purposes of determining your eligibility for a housing subsidy or any other federal assistance program or benefit. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended evictions throughout the state. Under New Jersey law, only the courts can order evictions, and only government officials can remove you from your home. halt in evictions to prevent further spread of covid-19 I certify under penalty of perjury, pursuant to 28 U.S.C. In New Jersey, the eviction moratorium has been extended to March 31, 2021. The moratorium also does not stop court proceedings; instead, it prevents lockouts and removals. These funds can be used to pay for back and forward rent, utilities and home energy costs, and other housing expenses that were incurred due, directly or indirectly, to the pandemic. It is a crime for your landlord to lock you out. The state eviction moratorium does not affect what rent is due. Biden extends eviction moratorium until March 31: What renters should know. Courts are not allowed to issue eviction orders because of the moratorium but filings have continued during the pandemic, according to data from New Jersey’s Administrative Office of the Courts. Yes. Governor Sheila Oliver, who serves as DCA Commissioner. Counselors will provide upfront assistance to help homeowners avoid potential foreclosure. After the eviction moratorium ends, the report suggests, the state could see as many as 304,000 eviction filings over a four-month period—about a 600 percent increase from pre-Covid-19 levels. Yes. In addition, some tenants have special protections: What about court? The state moratorium applies to all pre-existing orders for removal. Even if your landlord files an eviction action, however, the case will not go to trial except in unusual circumstances. On April 24, 2020, Governor Murphy issued Executive Order 128, which allows tenants to request in writing (including by email or text) that their landlords apply their security deposits to the rent they owe during the Public Health Emergency and for up to 60 days afterwards. You still have to pay whatever electric, gas, water, phone, or internet bills you normally pay. Under the CARES Act, therefore, a covered landlord must give New Jersey tenants 30 days’ notice before such a court proceeding. This Order suspends residential utility and water shutoffs until March 15, 2021, requires resumption of service that has been discontinued, and forbids the imposition of late fees arising during the emergency period. Tenants who live in eligible households can apply for funds. New Jersey is the exception. Get the latest news and understand your rights here. No. The July 24 order allows landlords to file eviction complaints against tenants, even though trials will be held only in emergencies at this time. NO ONE MAY BE REMOVED FROM THEIR HOME FOR INABILITY TO PAY RENT DURING THE COVID-19 EMERGENCY. Can I still get emergency repairs in my apartment? If you get assistance from the government or a nonprofit in paying the rent, you will not owe what is paid on your behalf. On July 24, 2020, the New Jersey Supreme Court ordered that most trials in landlord-tenant court continue to be “suspended until further notice.” The order makes clear, however, that trials may proceed when the court determines that there is an emergency. Such assistance will not count in determining whether someone is a “public charge” for purposes of eligibility for immigration relief. The interest rate for non-profits is up to 2.75%. How much can I apply for and how must the rental assistance be used? Share the complaint you received with any organization or lawyer who agrees to help you. See discussion of the federal CARES Act, above. Can my landlord file an eviction action against me if I live in public housing or have a Section 8 Voucher? DCA is providing remote access, if necessary, to key employees to process requests as quickly as possible. Of the 18 statewide halts that remain, most are set to end this month. Who can apply? Tenants in need can also apply for up to $1,500 per month of rental assistance provided by the state if they live on Kaua‘i, Maui and Hawai‘i Island and up to $2,200 if they live on Oahu. If you are facing eviction or foreclosure, contact a housing counselor immediately through this online directory or by calling 1-800-NJ-HOUSE. Media Statement from CDC Director Rochelle P. Walensky, MD, MPH, on Extending the Eviction Moratorium; Public Inspection: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 external icon; Declaration Form (English) pdf icon [76 KB, 1 page] Alternative Language: Spanish pdf icon [127KB, 1 page] FAQs: HHS/CDC temporary halt in residential evictions to … Check the New Jersey Courts website for further updates. In an effort to help keep non-profit service providers viable and operating during this emergency, begun working to provide advances on existing contracts to providers addressing emergent needs. § 1746, that the foregoing are true and correct: • I have used best efforts to obtain all available government assistance for rent or housing; 1 In New Jersey, a landlord may not require a tenant to leave his or her home except through a court proceeding. You always have a right to safe and decent housing. At the same time, the counseling made available to renters will guide them on how to approach discussions with their landlords on dealing with their rent situation. 104 (2020) on March 16, 2020, the facts and circumstances of which are ... eviction and foreclosure moratorium legislation into law as soon Can my utilities, water, phone, and internet be shut off during the COVID-19 crisis? In response to urging by President Biden on his first day in office, the CDC announced that it was extending the moratorium through March 31, 2021. While DCA field offices are closed to the public to observe social distancing protocols, DCA encourages current participants to utilize the online portal at assistancecheck.com to submit documents, or to submit documents through the mail. The July 24 order instructs the landlord-tenant courts to schedule remote “intake and pretrial/settlement conferences.” The July 28 directive instructs the courts on how to implement this process. This document does not constitute a solicitation, and your use of this document does not create any attorney-client relationship between you and Lowenstein Sandler. Unless the Governor extends the emergency again, or ends it early, the eviction moratorium will therefore last at least until May 19, 2021. live in other types of federally funded housing, including, among others, certain housing programs for seniors, people with disabilities, people with HIV/AIDS, and people at risk of homelessness. Due to closures, enforcement agencies may be working with limited staff and it may take longer to get repairs or inspections. “We are working diligently at DCA to maintain quality services for the homeless, our tenants, and landlords as we respond to the threat of COVID-19.” DCA has taken a number of actions to meet the ongoing needs of its clients and to curb evictions and homelessness during the state of emergency. Is the Department of Community Affairs still open for business? Yes. Voucher holders needing more than 120 days to identify housing may request extensions through the online portal, via phone call, or mail as needed; Prepared to accept from its clients interim income re-certifications due to decreased income from the public and private responses to COVID-19. If they tell you this is a “civil” matter that doesn’t involve them, ask them to look at this statute: N.J.S.A. Maybe. The Administrative Office of the Courts also provided helpful guidance on the legislation. “Losing income because you are recovering from this illness or staying home because your child’s school is closed should not cost you your home. Is the court holding eviction trials? You can then withhold the money you spent on repairs from your rent (save all receipts for the repairs!). Update on Evictions in New Jersey. Unscrupulous landlords have been getting away with intimidating tenants and evicting them from their homes at a time when they have nowhere to turn. The CDC has issued FAQs interpreting the order.