Bill Text: NJ A4964 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns eviction and homelessness prevention; requires new charge for filing for eviction action.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-10-17 - Introduced, Referred to Assembly Housing Committee [A4964 Detail]
Download: New_Jersey-2024-A4964-Introduced.html
Sponsored by:
Assemblyman GABRIEL RODRIGUEZ
District 33 (Hudson)
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
SYNOPSIS
Concerns eviction and homelessness prevention; requires new charge for filing of eviction action.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning eviction filing fees, including permitting use of certain fee revenues for homelessness prevention, supplementing chapter 27D of Title 52 of the Revised Statutes, and amending P.L.2014, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. Research indicates that the expense of filing an eviction action has a substantial impact on the likelihood of a landlord to make this filing and initiate the process of forcing a tenant out of their home;
b. When eviction filing fees are low, a landlord is able to, in effect, use the court to help in the collection of rent, as the threat of being removed from a home is an effective means of compelling a tenant to pay;
c. Low eviction filing fees disincentivize landlords from communicating with tenants over rent payments that have passed their due dates, to consider possible payment plans and alternatives to eviction;
d. Even when an eviction filing does not result in the actual removal of the tenant, the record of the filing may nonetheless be attached to the tenant, making it more difficult for the tenant to obtain housing in future years;
e. The average eviction filing fee in the United States is $109, substantially higher than the filing fee of $50 required by courts in New Jersey; and
f. Therefore, it is in the public interest to establish a new charge for the filing of an eviction action, and to apply the monies received through this charge for the purposes of eviction and homelessness prevention services.
2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Commissioner" means the Commissioner of Community Affairs.
"Office of Eviction Prevention" means the office established pursuant to section 5 of P.L.2021, c.188 (C.52:27D-287.11).
"Resource navigator" means an experienced caseworker employed or contracted by the Office of Eviction Prevention to assist households facing an eviction action in accessing homelessness prevention services, relocation and rapid rehousing assistance, social service support, and rental assistance resources. The Office of Eviction Prevention shall require a resource navigator to have functions and responsibilities comparable to those established under the temporary "Rental Assistance Navigation Program" established pursuant to section 2 of P.L.2021, c.313.
3. (New section) In addition to the existing fees established pursuant to section 14 of P.L.1991, c.177 (C.22A:2-37.1), the Rules of Court, and any other rule, regulation, or law, and notwithstanding subsection b. of section 12 of P.L.2014, c.31 (C.2B:1-7), an amount of $150 shall be collected for the filing of an eviction action, and shall be transferred to the Office of Eviction Prevention. The office shall use the monies received pursuant to this section for the purposes of eviction prevention services the office directs and designs, including but not limited to, the employment or contracting of resource navigators through the Rental Assistance Navigation Program, as established by the Department of Community Affairs pursuant to section 2 of P.L.2021, c.313 and continued pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), which services shall include homelessness prevention services, relocation and rapid rehousing assistance, social services support, rental assistance resources, and connection to legal services.
4. Section 12 of P.L.2014, c.31 (C.2B:1-7) is amended to read as follows:
12. a. The Supreme Court, subject to the limitations set forth in subsection b. of this section, may adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding:
(1) the development, maintenance and administration of a Statewide Pretrial Services Program;
(2) the development, maintenance and administration of a Statewide digital e-court information system; and
(3) the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates.
b. All existing filing fees and other statutory fees payable to the court on the effective date of this section, except as provided in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall not be increased or supplemented more than $50 in the aggregate for each fee beginning on the effective date of this section.
c. As used in sections 12 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13):
"Digital e-court information system" shall mean a Statewide integrated system that includes but is not limited to electronic filing, electronic service of process, electronic document management, electronic case management, electronic financial management, and public access to digital court records; and
"Pretrial Services Program" shall mean the pretrial services program established pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25).
(cf: P.L.2014, c.31, s.12)
5. (New section) Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may adopt, immediately, upon filing with the Office of Administrative Law, rules and regulations to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall be effective for a period not to exceed one year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The commissioner shall thereafter amend, adopt, or readopt the rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
6. This act shall take effect on the first day of the sixth month next following the date of enactment, but the commissioner shall take such anticipatory actions as necessary to comply with the provisions of this act.
STATEMENT
This bill requires a new charge for the filing of an eviction action, and directs the Office of Eviction Prevention in the Department of Community Affairs to use the monies received through this charge for the purposes of eviction prevention services.
This bill also requires that, in addition to existing fees, and notwithstanding the current limit on filing fees and other statutory fees payable to the court of $50 in the aggregate, an amount of $150 is to be collected for the filing of an eviction action. The bill directs this additional funding to be provided to the Office of Eviction Prevention, and used for eviction prevention services the office directs and designs, including but not limited to, the employment or contracting of resource navigators through the Rental Assistance Navigation Program, as established by the Department of Community Affairs, which services include homelessness prevention services, relocation and rapid rehousing assistance, social services support, rental assistance resources, and connection to legal services.
The bill authorizes the Commissioner of Community Affairs to adopt, immediately, upon filing with the Office of Administrative Law, rules and regulations to implement the provisions of the bill, which shall be effective for a period not to exceed one year following the effective date of the bill. The commissioner thereafter is to amend, adopt, or readopt the rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The bill is to take effect on the first day of the sixth month following enactment.
