Since March 19, 2020, New Jersey has had a moratorium on evictions that stops the removal of most residential tenants from their homes. A new law keeps that moratorium in place until January 1, 2022, unless Governor Murphy chooses to end it sooner.

This article is being published on June 21, 2021. For up-to-date information on the moratorium, continue to check vljnj.org/eviction-help.

Background

History of the Moratorium

New Jersey was one of the first states hit hard by the COVID-19 pandemic in 2020. In response to the rising number of cases of COVID-19, Governor Phil Murphy declared a Public Health Emergency and a State of Emergency in Executive Order 103 on March 9, 2020. Ten days later on March 19, the legislature empowered the New Jersey governor to initiate an eviction moratorium during a state of emergency or a public health emergency. See N.J.S.A. 2A:18-59.3. That same day, Governor Murphy signed Executive Order 106 (EO 106) creating such a moratorium due to the emergencies created by COVID-19.

Scope of the Moratorium

The Eviction Moratorium created under EO 106 stays the execution of warrants of removal, which is the final stage of an eviction action where a tenant is removed from their home by a court officer. The stay of removals was not absolute; a warrant of removal can still be executed if a judge determines the removal is "in the interest of justice." The moratorium applies to residential properties, not commercial properties.

The moratorium similarly protects homeowners from removal subject to a foreclosure action.

As for when the moratorium would end, EO 106 states in paragraph 5, "This Order shall take effect immediately and remain in effect for no longer than two months following the end of the Public Health Emergency or State of Emergency established by Executive Order No. 103 (2020), whichever ends later, unless this Order is first revoked or modified by the Governor in a subsequent executive order."

The end of the Eviction Moratorium was tied to both the Public Health Emergency and the State of Emergency. Under existing New Jersey law, a Public Health Emergency must be extended every 30 days under law, where as a State of Emergency remains in effect until revoked. See N.J.S.A. 26:13-3b; N.J.S.A. App. A:9-34. Governor Murphy periodically extended the Public Health Emergency created under EO 103, most recently on May 14, 2021.

Governor Murphy always retained the ability to end the Eviction Moratorium before the automatic termination that would occur after both emergencies ended.

The effect of new laws on the New Jersey Eviction Moratorium

On June 4, 2021, Governor Murphy issued Executive Order 244 (EO 244). EO 244 ends the Public Health Emergency established in EO 103, effective immediately. The State of Emergency established in EO 103 remains in effect. Even though the Public Health Emergency has ended, the State of Emergency remaining in effect allows the Eviction Moratorium to continue under the terms of EO 106.

That same day, Governor Murphy signed legislation (A5820/S3866) which will end several executive orders which relied on the existence of the Public Health Emergency after 30 days. Included in the executive orders set to expire on July 4, 2021 is Executive Order 128, which allows all residential tenants apply their security deposit towards rent during the pandemic.

Under this legislation, fourteen executive orders, including EO 106 (Eviction Moratorium), Executive Order 229 (Moratorium on utility shutoffs), and Executive Order 233 (Exempting federal stimulus payments from garnishment) would remain in effect until January 1, 2022, with Governor Murphy retaining the power to modify or revoke any of the fourteen executive orders prior to the January 1. Governor Murphy has already used his power to modify EO 229, issuing Executive Order 246 to end the moratorium on utility shut offs effective July 1, 2021, but leaving many of the utility moratorium's protections in place through a grace period which extends to December 31, 2021.

The combination of EO 244 and A5820 means that the Eviction Moratorium remains in effect until January 1, 2022 unless the Governor or the legislature take further action.

Why the Eviction Moratorium Matters

Even before the pandemic began, New Jersey had an eviction crisis. Over 150,000 eviction complaints were filed per year. The process moved quickly and nearly 99% of tenants lacked legal representation making it difficult to assert all of their rights.

The Eviction Moratorium stopped removals, however, it did not stop eviction filings. As of April 2021, New Jersey had over 50,000 eviction complaints pending. More complaints are expected to be filed if the moratorium lifts unless there is further government intervention. While the state has received $353 million in federal funding for rental assistance, and is set to receive an additional $272 million, these amounts still do not cover all unpaid rent and are still in the process of being distributed to pay the rent of tenants.

The pandemic has caused devastation across the state, and the economic impact has been most acutely felt by those already struggling financially before. New Jersey has long had an affordable housing shortage, causing many low-income families to rent homes that stretch their finances. Between unemployment, underemployment, and illness, many families saw themselves fall behind on rent for reasons beyond their control.

In April, New Jersey Judiciary recently released Maintaining Our Communities: Report of the Judiciary Special Committee on Landlord Tenant. The report outlines numerous proposed reforms designed to make eviction proceedings fairer and deal with the onslaught of eviction complaints. While the recommendations in the report would be important and meaningful improvements, the New Jersey Supreme Court has not yet adopted these proposals. Implementing reform will also take time. Volunteer Lawyers for Justice joined with twenty-four other organizations to comment on the proposed reforms, voicing support for improvements to the process and offering further suggestions needed to protect the rights of tenants.

Before the moratorium ends, all branches of New Jersey government need to work together to avoid an overwhelming number of evictions that would devastate our state, especially the state's most vulnerable residents.

Conclusion

New Jersey's Eviction Moratorium, established by EO 106, will remain in effect until January 1, 2022 unless Governor Murphy chooses to end it sooner or the legislature chooses to pass legislation that ends the moratorium as part of a more comprehensive plan to deal with New Jersey's eviction crisis.

Allison Nolan is a Staff Attorney who manages VLJ’s Tenancy Program and also works on the Debt Relief Legal Program. Allison is a member of the Essex County Bar Young Lawyers Section. Prior to joining VLJ, Allison was an associate at Lum, Drasco & Positan, where she practiced civil litigation. Allison previously clerked for Hon. Margaret Mary McVeigh, P.J.Ch. (Ret). Allison received her bachelor’s degree from Villanova University and her law degree from Cornell Law School, where she was a managing editor of the Legal Information Institute’s Supreme Court Bulletin.