New Jersey Assembly Bill A1385

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Prohibits non-emergency evictions Statewide during COVID-19 covered period.

Impact

The enactment of A1385 directly addresses the vulnerabilities faced by low- to moderate-income tenants, especially communities disproportionately affected by systemic inequalities and the pandemic itself. The legislation nullifies all eviction judgments related to non-payment of rent that occurred during the covered period, ensuring tenants are not at risk of homelessness due to circumstances arising from the pandemic. Although landlords retain the right to pursue legal claims for unpaid rent through civil actions, the prohibition of non-emergency evictions and late fees creates a temporary cushion for struggling tenants while promoting housing stability. This marks a critical shift in landlord-tenant law in New Jersey amid heightened concerns for public health and economic sustainability.

Summary

Assembly Bill A1385 introduces a statewide ban on non-emergency evictions for residential tenants during the defined COVID-19 'covered period', which includes the duration of a public health emergency as declared by the Governor, along with an additional year following its conclusion. The legislation aims to provide relief to tenants impacted by economic hardship, particularly those unable to meet rental obligations due to job loss or reduced income stemming from the pandemic. The bill underscores the necessity of safeguarding individuals from displacement, which could exacerbate public health risks during an ongoing crisis. Tenants will be credited for payments made after the covered period, ensuring that their obligations are managed fairly as economic recovery begins.

Contention

However, the bill has sparked discussions around the balance of protection for tenants versus the financial burdens on landlords, many of whom have experienced significant revenue losses throughout the pandemic. Critics express concerns that while protections for tenants are essential, the inability to enforce eviction for non-payment may inadvertently lead to a long-term financial strain on property owners, many of whom rely on rental income. Supporting tenants without sufficient provisions for landlords could create an imbalanced system, leading to further legal and financial implications once the moratorium ends. Stakeholders in the housing market argue for a more comprehensive plan that could include additional financial assistance or revenue-sharing mechanisms to support both tenants and landlords through the recovery phase.