Bill Text: NJ S2485 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits eviction as remedy for nonpayment of rent due during time surrounding COVID-19 pandemic in certain circumstances.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-07-02 - Received in the Assembly without Reference, 2nd Reading [S2485 Detail]
Download: New_Jersey-2020-S2485-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Authorizes municipality to prohibit eviction as remedy for nonpayment of rent due during time surrounding COVID-19 pandemic.
CURRENT VERSION OF TEXT
As introduced.
An Act enhancing municipal authority to restrict eviction during time surrounding COVID-19 pandemic.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The halt in economic activity that has been necessary to combat the COVID-19 pandemic has forced many New Jersey residents to endure job losses and prolonged depletions of income;
b. As of May 8, 2020, the unemployment rate of the United States exceeds 14 percent, and is widely expected to grow higher in the coming weeks;
c. The residents of New Jersey have not been able to avoid suffering as a result of the COVID-19 pandemic, as the State is widely reported to have the second highest COVID-19-related death rate in the nation, and the economic impact on many State residents appears to be similarly catastrophic;
d. This unprecedented situation has made the timely payment of rent impossible for many State residents and businesses; and
e. It is, therefore, necessary and in the public interest for the Legislature to authorize municipalities to prohibit eviction as a remedy for the recovery of unpaid rent due during and immediately following the months of the State of Emergency and Public Health Emergency issued in response to the COVID-19 pandemic.
2. a. Notwithstanding subsection b. of section 1 of P.L.2020, c.1, (C.2A:18-59.3), or any other law to the contrary, a municipality may, by ordinance of the governing body adopted prior to the conclusion of the covered period, prohibit eviction for nonpayment or habitually late payment of rent by a residential or nonresidential tenant, or both.
b. An emergency anti-eviction ordinance shall apply only to rent payments due during the covered period. Despite the adoption of an emergency anti-eviction ordinance, a landlord shall be entitled to recovery of the unpaid rent by filing an action in Superior Court for the recovery of the unpaid rent as a monetary judgment with applicable interest.
c. Following the adoption of an emergency anti-eviction ordinance, a municipality shall promptly notify the Clerk of the Superior Court, and provide the Clerk with a copy of the ordinance. Following notification, if a court determines that a judgment of possession, warrant of removal, or writ of possession has been issued prior to adoption of the emergency anti-eviction ordinance for the nonpayment or habitually late payment of rent that was due exclusively during the covered period, the court may render that ruling null and void, and direct the court officers and their agents to refrain from removing individuals subject to the ruling.
d. As used in this act:
"Covered period" means the period during which the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103, March 9, 2020 are in effect and concluding on the first day of the third month next following the conclusion of the State of Emergency or Public Health Emergency, whichever is later.
"Emergency anti-eviction ordinance" means an ordinance adopted pursuant to subsection a. of this section.
3. This act shall take effect immediately and shall apply retroactively to rent payments missed subsequent to March 9, 2020.
STATEMENT
This bill would authorize a municipality to prohibit eviction as remedy for nonpayment of rent due during certain months surrounding the COVID-19 pandemic.
The bill provides that a municipality may, through the adoption of an "emergency anti-eviction ordinance," prior to the conclusion of the covered period, prohibit eviction for nonpayment or habitually late payment of rent by a residential or nonresidential tenant, or both. The bill defines the "covered period" as the period during which the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103, March 9, 2020 are in effect and concluding on the first day of the third month following the conclusion of the State of Emergency or Public Health Emergency, whichever is later.
An emergency anti-eviction ordinance would apply only to rent payments due during the covered period. Despite the adoption of an emergency anti-eviction ordinance, certain remedies would still be available to a landlord if a tenant fails to pay rent during the covered period. A landlord would be entitled to recovery of the unpaid rent by filing an action in Superior Court for the recovery of the unpaid rent as a monetary judgment with applicable interest.
The bill directs that, following the adoption of an emergency anti-eviction ordinance, the municipality would promptly notify the Clerk of the Superior Court, and provide the Clerk with a copy of the ordinance. Following notification, if a court determines that a judgment of possession, warrant of removal, or writ of possession has been issued prior to adoption of the emergency anti-eviction ordinance for the nonpayment or habitually late payment of rent that was due exclusively during the covered period, the bill authorizes the court to render that ruling null and void, and direct the court officers and their agents to refrain from removing individuals subject to the ruling.
The bill would take effect immediately and would apply retroactively to rent payments missed subsequent to March 9, 2020.
