Newark, NJ – January 12, 2022 – As New Jersey celebrates National Human Trafficking Prevention and Awareness Month, Governor Murphy signed a new law that expands access to vacatur for survivors of human trafficking. The bill, A5322, will help survivors of human trafficking build new lives by expanding the existing list of crimes that can be cleared from their records beyond just prostitution convictions. This will result in real and immediate relief for survivors of both sex and labor trafficking who have been unfairly stigmatized as a result of their convictions. The bill also streamlines the process for survivors pursuing this relief and ensures enhanced privacy protections of the petitions filed in court.
January 2022 Volunteer of the Month: Diane Russini
VLJ is pleased to kick off our new year by honoring Diane Russini as our Volunteer of the Month. Diane has been fulfilling VLJ’s mission of “taking cases and changing lives” by serving as a consistent volunteer and supporter of VLJ’s Debt Relief Legal Program. We are in an unprecedented time due to the COVID-19 pandemic. Many people are experiencing poverty for the first time and those who have been financially unstable may find themselves in a worse situation. Throughout the pandemic, though, Diane has been committed to helping clients navigate these hardships by volunteering at VLJ’s Debt Relief Clinic.
An Institution of Justice: VLJ Honors Loretta Lynch, Merck, and Karen Sacks at 20 Year Anniversary Celebration
On October 20th, 600 supporters attended the virtual Arts & Eats for Justice gala. The event raised $700,000 to support our mission of ensuring access to justice for people experiencing poverty. Initially created as a subcommittee of the Legal Services of Essex County, VLJ has grown into a pro bono powerhouse impacting the lives of tens of thousands of New Jersey’s most vulnerable residents. Three honorees were recognized for their contributions to the cause of justice: former US Attorney General Loretta E. Lynch, Merck & Co., Inc., and Karen Sacks, VLJ’s Founding Executive Director.
New Jersey Eviction Q&A Panel Discussion
NorthJersey.com is hosting a monthly housing video series to provide advice from a panel of tenant law experts on affordable housing issues. In this video VLJ staff attorney Allison Nolan and fellow panelists discuss the following:
What renters can still be evicted in New Jersey?
When do eviction protections end?
Where can tenants at risk of eviction get help
Click here to read the full NorthJersey.com article.
If you are at risk of being evicted, call (973) 943-4754 to apply for help.
To volunteer to represent tenants facing eviction, click here.
Mandatory NJ landlord-tenant settlements will begin. Here are tenant advocates' concerns
A version of this article appeared on njherald.com
Renters in New Jersey are still protected against lockouts through the end of the year, but starting this month, courts will require mandatory settlement hearings for landlord-tenant cases — and some tenant advocates are worried about the potential impact.
Through such hearings, tenants and landlords meet — primarily online, at a time scheduled by the court — and discuss ways to resolve their cases. The estimated 14,000 cases that have been pending for more than a year will be prioritized, as well as newer cases involving a year's worth of missed rent.
There are consequences if either party doesn't show up. If a landlord fails to appear, the case gets dismissed. If a tenant fails to appear, and the court determines the landlord has made his or her case, the court will enter a default judgment to evict the tenant.
"This order is especially devastating given there are bills on the governor's desk meant to help tenants," said Maria Lopez-Nuñez, deputy director with the Newark-based Ironbound Community Corporation. "I'm worried about those who fail to appear in court. Court hours aren't exactly convenient for working class people, and so many of our tenants don't speak English. Small things like this have devastating consequences."
Attorneys for tenants and renter advocates are worried about how this change could hurt renters and cause confusion about their rights.
Some counties have held voluntary settlement conferences since last summer or heard certain emergency cases, but this will be the first major step in restarting the eviction process since the Supreme Court suspended landlord-tenant trials on March 16, 2020.
Landlords and tenants should expect a notice in the mail at least 10 days before their conference. The courts said they plan to begin sending out these notices within the next two weeks.
Here are some of the advocates' concerns:
Tenants may not understand what's going on
"We want to make really clear that while a settlement conference is mandatory, it doesn't mean they have to settle their case if it's not in their best interest to do so," said Maura Sanders, chief counsel with Legal Services of New Jersey. "Often in these situations, participants don't fully understand. Since it's this formal process, they think this is their only opportunity and they feel pressured to go along with what everyone else is saying."
The state's eviction moratorium is still in effect, meaning renters cannot be kicked out of their homes through the end of the year. So for many tenants, it may not be in their interest to agree to a deal that requires them to move out within 30 days, for example.
In a majority of cases, tenants don't have legal counsel, while landlords do. If renters need a lawyer, they can call Legal Services of New Jersey at 1-888-576-5529.
"The purpose of the mandatory settlement conferences is to encourage the parties to talk, assess the case, dispel misinformation about rental payment obligations and rental assistance, and share accurate information about how to find and access rental assistance," said Peter McAleer, director of communications for the courts.
"The parties are not required to settle and there is no consequence for not settling," he said. "The settlement conference can be adjourned if there is an opportunity for rental assistance."
Related: NJ Supreme Court to Begin Scheduling Settlement Conferences This Month
Pending legislation appears to conflict
The Legislature passed a package of landlord-tenant bills awaiting Gov. Phil Murphy's signature that complicate the court's new order.
Under S3691, if a renter has had an eviction case filed against them for nonpayment of rent or failure to pay a rent increase between March 1, 2020, and Aug. 31, 2021 and they sign a certification, the court would dismiss the case.
"That’s a big concern," said Allison Nolan, a staff attorney with Volunteer Lawyers for Justice. "Some tenants who could be entitled to a dismissal could enter into settlements prematurely not realizing that, or they could have their case entered into a default and not know what to do from there."
McAleer with the New Jersey courts said the Judiciary and Department of Community Affairs, which distributes rental assistance, "will adjust procedures as needed."
Issues with technology
"We have clients that get very disoriented by the online process, and after the conferences are calling us and saying, 'What just happened?'" Sanders said. "So it's going to be really important that the court take extra steps to ensure that people understand and know they have rights throughout this process."
The courts said they would provide technology, including laptops and internet access, at the courthouses for those who need it, and judges can schedule in-person conferences if need be.
"I worry about the tenants who are even too confused to get to the step of asking for technological assistance, who may have tried calling, but the court is inundated with calls and may not connect them with the right department," Nolan said. "A lot of our clients who are the most vulnerable are going to be the ones who have the most difficulty using the technology and accessing anything."
It can hurt tenants who aren't properly served
Ensuring that tenants receive proper notice of an upcoming hearing has always been a hurdle, advocates say.
Landlords and tenants who miss a court proceeding should have a chance to reschedule, according to recommendations from a landlord-tenant committee established by Chief Justice Stuart Rabner.
If tenants miss the settlement, and a judge sides with a landlord who presented evidence at the meeting, a tenant would need to get permission from the landlord in order to challenge the default judgment and present his side, said Lopez-Nuñez.
"It's definitely not a balance of justice here," Lopez-Nuñez said.
It's problematic for both landlords and tenants that they could have cases dismissed or default judgments for missing a settlement hearing, without the chance for a trial, said Khabirah Myers, coordinator for the Office of Tenant Legal Services in Newark.
"It makes it seem like the judiciary is more concerned about expediency and clearing the docket than they are with preserving due process, the right to be heard, and property rights," Myers said.
New Jersey Supreme Court to Begin Scheduling Settlement Conferences This Month
New Jersey's Supreme Court has ordered mandatory settlement hearings in pending landlord-tenant cases and said renters who fail to show up will face an eviction order.
Chief Justice Stuart Rabner's Friday order directs the lower courts to begin scheduling settlement conferences this month prioritizing older cases with the most owed rent or newer cases with more than a year's worth of back rent. He said the courts are facing an enormous backlog that includes 14,000 cases that have been pending for more than a year. Nearly 60,000 evictions were filed between April 2020 and March of this year, according to numbers provided by the courts.
The order came as a surprise to tenant lawyers and advocates who called the consequences cruel and said it would cause confusion since many residents are still waiting for rental assistance. There's also a bill before Gov. Phil Murphy that would end the eviction moratorium earlier depending on people's income and protect tenants from eviction if they certify they applied for help and were financially harmed by the pandemic.
"While I appreciate that there is a backlog and things have to move, it feels as though expediency was prioritized over due process here," said Jessica Kitson, a senior managing attorney for Volunteer Lawyers for Justice. "I'm really disappointed that this is where we are."
Most landlord-tenant trials remain suspended and until now, settlement conferences held remotely between parties were voluntary. Rabner said most of the conferences will continue to take place remotely and the court will provide on-site technology to those who need it. If the parties can't reach an agreement, the case can go to trial; trials are expected to resume Sept. 1.
Landlords who don't show up will have the eviction case dismissed. Tenants who don't appear will have a default judgement entered against them though they won't be physically evicted until the statewide ban on lockouts ends Dec. 31.
Maria Lopez, an organizer with the Ironbound Community Corporation, called the decision catastrophic and said too many tenants will receive default judgements against them. Most don't have legal representation and she said some may not be properly notified of the conference date or may have issues accessing technology.
"During the pandemic we’ve just seen such chasm between the haves and have-nots. We are punishing the most vulnerable," she said. "This seems severe when there are a lot more avenues to be explored in how we are going to resolve this crisis."
VLJ's Summer Soiree Raises $35,000
FOR IMMEDIATE RELEASE
CONTACT
Augustine Ahiabor
Bershad Communications Fellow
Volunteer Lawyers for Justice
(973) 233-5724
Email: aahiabor@vljnj.org
Cathy Keenan
Executive Director
Volunteer Lawyers for Justice
(973) 645-1951, ext.101
Email: ckeenan@vljnj.org
Newark, NJ, June 25, 2021 — Volunteer Lawyers for Justice (VLJ) is pleased to share that on June 23rd, the organization held its annual Summer Soiree. After shifting to a completely virtual service model last year, the Summer Soiree was VLJ’s first in-person event since the onset of the Covid-19 pandemic. Over 100 attorneys and friends gathered to celebrate VLJ’s work to provide free legal services to those in need and to raise over $35,000 for the organization.
Hosted by the Generation Now Committee, VLJ’s young professionals board, the event featured speeches from VLJ’s Executive Director Cathy Keenan and sponsor Stacey Slater of Pro Bono Strategies. Stefanie, a former VLJ client, also shared her story: Her neurodivergent son’s needs were not being met in a virtual setting, and he was falling behind in school. VLJ took her case and connected her with volunteer attorney Robyn Wapner, who donated over 120 hours to help Stefanie and reach a favorable outcome for her son. Stefanie encouraged the attorneys present to volunteer with VLJ, saying, “I do hope that many of you join VLJ’s notable mission and vision; it really is a life changing organization.”
Michael Griffinger, an Emeritus Board Member at VLJ and Partner at Gibbons, P.C. hosted the organization at the Mountain Ridge Country Club in West Caldwell. VLJ’s Development Director Jaclyn Kramer says, “We are so grateful to Michael for his years of dedicated commitment to VLJ. Not only did he help co-found the organization 20 years ago, but he has been an ardent supporter of legal aid and VLJ since – donating his time, talent, and treasure to ensure that our organization can help as many people as possible.”
VLJ gives special thanks to our title sponsor, Pro Bono Strategies; our underwriters David Bershad and Michael Griffinger; and our sponsors: AT&T; Counsel Press; Duane Morris; George Holland; McCarter & English; Peapack-Gladstone Bank; Price, Meese, Shulman & D’Arminio; Prudential, RBC Wealth Management, and Veritext.
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About Volunteer Lawyers for Justice
VLJ is an award-winning, comprehensive legal services program based in Newark, NJ, with a statewide reach. VLJ's mission is to improve the lives of economically disadvantaged and at-risk adults, children, and families in New Jersey by empowering them with the tools, advice, and pro bono representation to obtain fair and equal treatment within the legal system. The Newark-based organization ensures fair access to the legal system through partnerships with corporations and hundreds of volunteer attorneys. Each year, VLJ’s work impacts more than 3,600 people—including veterans, children, tenants, families, and victims of human trafficking—through 10 pro bono programs. To learn more, please visit www.vljnj.org.
Op-Ed: Fix landlord-tenant courts before eviction moratorium ends
Across the country, COVID-19 highlighted long-standing systemic challenges that left many families even more vulnerable in the aftermath of the pandemic. In New Jersey, this was especially true for the state’s eviction process. As an overwhelming number of pending evictions continues to accumulate, the New Jersey Supreme Court has an opportunity to consider changes in landlord-tenant court procedures to make the eviction process fairer for both landlords and tenants, and especially those who do not have attorneys to assist them.
VLJ Welcomes Augustine Joseph Ahiabor as the Bershad Communications Fellow
Volunteer Lawyers for Justice (VLJ) is excited to announce that Augustine Joseph Ahiabor has been selected as the Bershad Communications Fellow. Funded through the generosity of long-time Board Member David Bershad and his wife, Mindy Cohen, the fellowship was created to enable VLJ to enhance its public profile as the organization celebrates its 20th year anniversary.
BlackRock donates generous gift to VLJ
Newark, NJ (March 10, 2021) — Volunteer Lawyers for Justice (VLJ) is pleased to announce it has received an unrestricted $25,000 grant from BlackRock in support of our legal programs.
VLJ provides free legal services to New Jersey residents living at or below the poverty level. Our clients face seemingly insurmountable civil legal issues and cannot afford lawyers, but VLJ provides education, counseling, advice, and direct legal services. In 2020, VLJ quickly shifted to providing free virtual legal services and also focused on educating the community and potential volunteers. VLJ served 1,080 clients and their families, impacting 2,525 people.
VLJ announces a gift from David Bershad
Newark, NJ – March 2, 2021 – Volunteer Lawyers for Justice (VLJ) is excited to announce the creation of the Bershad Communications Fellowship. Funded through the generosity of long-time Board Member David Bershad and his wife, Mindy Cohen, the fellowship will enable VLJ to enhance its public profile as the organization celebrates its 20th year anniversary.
VLJ's 20th Anniversary
Volunteer Lawyers for Justice (VLJ) is excited to celebrate the organization’s 20th anniversary! VLJ was founded in 2001 as a program of the Legal Services Foundation to provide direct legal representation to residents of Essex County, New Jersey. The program began with a core group of 30 volunteer attorneys and was led by Karen Sacks, who in her 15 years as VLJ’s executive director transformed the program into a statewide pro bono leader. In 2008, VLJ separately incorporated as its own 501(c)(3) New Jersey not-for-profit corporation.
VLJ Receives a Generous Donation from Amazon
Newark, NJ – January 26, 2021 – Volunteer Lawyers for Justice (VLJ) is excited to announce that it has received a generous donation from Amazon at the suggestion of its volunteer partner Audible, an Amazon company. VLJ, which is headquartered in Newark, provides free civil legal services for New Jersey residents living at or below the poverty level through in-house lawyers and pro bono lawyers throughout the legal community. VLJ has partnered with Audible’s legal department, also based in Newark, who provide pro bono legal services to client populations in dire need of help. With this unexpected support from Amazon, VLJ will be able to continue to change lives through legal assistance, especially for those who have suffered disproportionately as a result of the COVID-19 pandemic.
Experts Fear Coming 'Tsunami' of Evictions
“There’s so much talk right now about how Covid is causing an eviction crisis,” Kitson says. “And the reality is that we have had a significant eviction crisis in this country—and certainly in the state—for quite some time. What Covid is doing is worsening it at an alarmingly rapid rate and also shining a light on the many ways in which so many renters in New Jersey were very vulnerable to begin with.”
New Mediation Program for Landlords and Tenants, Emergency Aid to Renters, to be Provided by Housing Initiatives of Princeton
Retired judge Philip Carchman helped [Housing Initiatives of Princeton] develop a mediation program run by volunteers that will bring landlords and tenants together to negotiate payment amounts and timelines. Volunteer Lawyers for Justice is working to help get lawyers to serve as advocates for tenants.
N.J. must ban ‘the tenant blacklist’ | Editorial
Few people realize that even if you win a court case against your landlord, its very existence will continue to haunt you. It could be that you didn’t pay rent for legitimate reasons, like having no heat or water. But tenants are still getting blackballed from future rentals, as if even asserting your rights against a landlord is offensive.
“It’s wildly unfair,” Jessica Kitson of Volunteer Lawyers for Justice says. “We have clients living without heat, without hot water. They can’t find a new place. They have an eviction filing on their record that is being used against them.”
Should NJ eviction records be kept private if a tenant wasn't evicted? Housing experts say yes
New Jersey Braces for Rent Due When Health Emergency Ends
The first of the month means rent is due, but thousands of residents are still struggling to pay their bills. Under a state moratorium on evictions during the COVID-19 public-health crisis, renters can’t be kicked out of their homes, even if they miss a payment. But what happens when that rule expires? Will families find help if landlords don’t follow the rules?
On Giving Tuesday, Don’t Forget Your Own Neighbors
Landlords aren’t getting the money they need. The eviction cases they file are likely to number in the hundreds of thousands, advocates predict. Think about the human toll of evicting that many people, all at once.
“It’s going to be a disaster, quite honestly,” says [Cathy] Keenan of Volunteer Lawyers for Justice.