Meanwhile, for those struggling to pay their mortgages, Murphy announced at the end of March that more than 40 financial institutions would offer mortgage forbearance for at least 90 days. But it’s unclear how often this happens. In New Jersey, the state eviction moratorium will last until two months after Governor Phil Murphy declares an end to the COVID-19 health emergency. In New Jersey, there are no requirements that landlords verify an eviction complies with the CARES Act. •Action: Governor Ducey issued Executive Order 2020-12 on March 23, 2020, establishing an eviction moratorium statewide through July 22, 2020. If a landlord is warned by the police and then still tries to force someone out of their rental unit without a warrant issued by the court, it’s considered a disorderly conduct offense in New Jersey. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended evictions throughout the state. In September she was away from her apartment for about a week. New Jersey. The New Jersey State Police does not track illegal eviction complaints. Landlords can file for an a “order of ejectment” with the court to kick out someone who doesn’t have the landlord’s permission to be there, doesn’t have a lease or verbal agreement, or has no history of paying rent. This is called an “eviction moratorium,” and it means that, except in rare circumstances, no tenant may be removed … For unlimited access to her work covering New Jersey’s Legislature and political power structure, please subscribe or activate your digital account today. On Nov. 2, Superior Court Judge Thomas Moore ordered that McFarland should be let back into her Newark apartment and underscored that the landlord could not evict her without a court warrant. Overall, 207,000 families of color are behind on rent, compared with 110,000 white families. But the landlord didn’t have a required court warrant to change McFarland’s lock and evict her. They exhausted their "best efforts" to obtain government housing assistance. New Jersey courts received almost 35,000 eviction filings from March until the end of August, a number that housing advocates predict will increase sharply when the moratorium ends. Landlords can … The need is dire — between 330,000 and 480,000 of New Jersey's nearly 1.4 million tenants are unable to pay their rent and are at risk for eviction, according to a September study by Stout, a global investment bank and advisory firm. Is your landlord threatening to lock you out? All their clothes. Sen. Bob Menendez's office estimated the Garden State would take away $600 million, but that's only half of the estimated $1.3 billion rent shortfall New Jersey will face by January 2021. owed $442 million in gas and electric bills. October 30, 2020 Posted in Landlord/Tenant Law Share. Is the window for police reform closing in NJ? "With all of the financial hardships and other challenges residents are facing during this health crisis, we’re determined to ensure that they need not worry about maintaining a secure home for themselves and their families.". Despite a statewide moratorium in effect during the COVID-19 crisis, evictions have still been taking place in Newark and Essex County, NJ, advocates say. Adams said when she bought the house, the upstairs apartment was rented out. About 40% of those families are Hispanic, despite Hispanics' making up 21% of the state population. In Chatham County, it’s estimated there are thousands of dispossessory cases have been filed during the pandemic and are pending in the courts. Screening agencies that landlords rely on for background checks on tenants may include court filings in their reports, without providing context or the outcome in the cases. 106, which imposes such a moratorium. Here's what the eviction process normally looks like: Ashley Balcerzak is a reporter in the New Jersey Statehouse. Renters should still try to make their monthly payments but cannot be kicked out if they cannot afford them. 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. On March 19, 2020, Governor Murphy issued Executive Order No. Bakema McFarland and her daughter, Peyton McFarland, 8, were illegally locked out of their Newark apartment by McFarland's landlord in September 2020. This moratorium does not prevent landlords from starting the eviction process by filing eviction notices with the court, however. New Jersey's state eviction protections are stronger and last longer than those offered by the federal government under the Centers for Disease Control and Prevention. According to court data, owners filed 1,591 so-called ejectment cases in 2020, and 2,772 in 2019. On July 16, 2020, the Governor extended this order through October 31, 2020. Having said that, there are two striking differences between the two moratoria. The continuing eviction moratorium protects renters who meet income requirements ($99,000 for single filers, $198,000 for joint filers) and notify their landlord of their financial situation. In addition, more than 166,000 New Jersey families have "no confidence" they will be able to pay next month's rent, according to the U.S. Census Household Pulse Survey. “This is a way landlords are trying to circumvent the moratorium, by bringing frivolous cases that are lying to the court that individuals do not have a right to be in their homes.”. Her velvet black couches. Visit this page for more information on rental properties and evictions under Executive Order 106, and to file a complaint. “They were as confused and surprised as I was,” Shelton wrote in court documents. The Governor then immediately signed Executive Order No. The Legislature is weighing landlord relief legislation as well: S3037 would set aside $50 million to help landlords with one- to two-unit rentals, if the landlords don't start eviction proceedings against tenants who can't afford rent. Unscrupulous landlords have been getting away with intimidating tenants and evicting them … The existence of filings in the court system can harm tenants. Utility shut-offs are banned through June 30 under another Murphy executive order. McFarland asked her landlord to turn the power back on. “I should not ever be hearing that police are saying it’s a landlord-tenant matter when people are locked out of their homes,” Myers said. Eviction filings declined dramatically in 2020 after the moratorium went into effect, according to judiciary data. She is back home, but she says it doesn’t feel like home anymore. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which immediately suspends evictions throughout the state. What’s more, under executive order signed by Gov. Being evicted would make them likely to become homeless or force them to live in close quarters with others. They told her it didn't refer to her because she wasn't a squatter, she said. Once they helped her get inside the attic she rented in a Newark home, she saw that all of her possessions were gone. What did I do to this man?”, Jose Ortiz, deputy director of the Essex Newark Legal Services, said he was “shocked that the court allows those things to go forward because in my opinion, it’s a clear violation of due process.”, “We’ve seen this happen a couple of times the last couple of weeks,” Ortiz said. Under the federal program, renters can't be locked out of their homes if they meet certain qualifications and sign a declaration attesting: Under the new federal stimulus deal, $25 billion will be set aside for emergency assistance to renters, though it's unclear how much money New Jersey will receive. It said McFarland owed $3,100 in rent and fees. Cases like hers are occurring throughout New Jersey, despite the protections Murphy put in place. New Jersey renters, homeowners and landlords negatively affected by the COVID pandemic have some new options for relief because of recent action at both the federal and state levels. More than 15,000 eviction notices have been sent out to New Jersey residents during the pandemic even though Governor Phil Murphy issued an eviction moratorium, preventing people from … And there’s been times where I feel like the world is caving in on me, but my daughter at 8 years old lets me know, ‘Mommy, you’re strong.’”. Shelton’s landlord, Abe Zagelbaum, referred NorthJersey.com to his lawyer, who did not respond to requests for comment. The eviction moratorium protects tenants from being evicted who are unable to make full rent payments because of specific reasons related to the pandemic. Officers asked to see proof she lived there, but everything was gone — there was nothing to show them. While the federal eviction moratorium, enacted by the Centers for Disease Control (CDC), was set to expire at midnight on January 1, there was a collective sigh of relief as lawmakers finally passed a second COVID relief bill. The CDC has an eviction moratorium that expires Jan. 31, 2021, under the new stimulus bill. What’s more, under executive order signed by Gov. She went down to the Essex County court house to ask about it, and showed the clerk her lease and Section 8 paperwork. Murphy has said he supports the massive housing bill, but Senate President Steve Sweeney, D-Gloucester, has not put the bill up for a full vote, saying there were issues with it. Help support quality journalism like this. She contacted Legal Aid for help. Landlords can still file for evictions, but tenants can't be locked out at least through mid-May, except in rare cases. © 2021 www.northjersey.com. The federal eviction moratorium and those of many states expired by the end of last month. New Jersey has had an eviction moratorium in place, NJ doesn't know how many health care workers died of COVID, NJ vets home COVID victims' families want answers, not memorial, National Low Income Housing Coalition's database, Murphy urges Legislature to pass housing relief bill. The officers would only let her inside to get her medication, Shelton said. Another bill, A4617, would take $300 million in future federal funding or the general fund to help landlords of all sizes. “The landlord refused to even respond to me as a public official.”, NJ STATE OF THE STATE: Murphy urges Legislature to pass housing relief bill. Black and brown families are being disproportionately affected by the economic fallout of the pandemic, reducing their ability to make housing payments. Eviction filings continue to pile up in New Jersey's housing courts, despite an ongoing state moratorium on anyone getting kicked out of their … New Jersey should do more to inform tenants of their rights, he said. When Bakema McFarland came home one day last September and tried to slide her key into the lock of her apartment door, it wouldn’t work. Newark Code Enforcement issued a summons to Adams for renting out the attic as an “illegal dwelling,” according to the Newark Police Department. Is he going to try to do something else to get me out?”. A landlord must have good cause to evict a tenant. Since Murphy issued his eviction moratorium, 33 people in Newark have called the Office of Tenant Legal Services to ask for help because their landlord was illegally evicting them, said coordinator Khabirah Myers. “Now I’m hearing from tenants that landlords are doing all kinds of things to get people removed, often on weekends or under the cover of night when nobody is available to help," she said. The Newark Housing Authority filed five cases in landlord-tenant court against residents in the 10 months prior to the eviction moratorium between … On September 1, 2020 the Centers for Disease Control and Prevention (CDC) issued an Agency Order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (Order). “There are people who are honest and people who want to take advantage and [McFarland] is one of those who wants to take advantage,” Adams said. New Jersey is under an eviction moratorium, but landlords can still file eviction papers with the courts and, in some counties, conduct settlement conferences. McFarland said it took until the beginning of this month for her power to come back on so she and her daughter could move back in. “It doesn’t feel right — I feel uncomfortable because of what happened,” Shelton said. “I’ve been doing this for 30 years and I barely heard of cases of illegal evictions,” said Linda Flores Tober, executive director of The Elizabeth Coalition to House the Homeless, in Union County. Here are some open and upcoming applications: Only 13% of 60,000 applicants won rent forgiveness through a $100 million statewide lottery program offered earlier in the year. Landlord Tenant Court. It’s difficult to determine how widespread illegal evictions are, especially since some tenants don’t seek help from police or attorneys. This landlord knows me. Ashley Balcerzak is a reporter in the New Jersey Statehouse. Housing experts have urged state leaders to condemn landlords who flout the executive order and the law that requires a warrant for removal. 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 …