New COVID-19 Related State Legislation: ANOTHER Eviction Moratorium Update & Utility Assistance for Tenants

By Ryan Westerman, Esq. 

Governor Murphy recently signed Senate Bill No. 3691, appropriating $750 million in federal funds to provide rental and utility assistance for qualifying New Jersey residents: $500 million is allocated for rental assistance, and the remaining $250 million is for utility assistance. The programs are administered by the New Jersey Department of Community Affairs.
 
The law adds new limits on who is protected by eviction moratorium. New Jerseyeans with household incomes below 120% of the Area Medium Income (a/k/a/ AMI, where “Area” refers to the county the resident lives in) will continue to be protected from eviction through August 2021. New Jerseyeans with incomes below 80% AMI are protected until January 1, 2022. Continuing reading for additional details.
 
Other highlights of the bill, as summarized by Governor Murphy’s office include:

• eviction protection for tenants with household incomes below 120 percent AMI who were unable to pay their rent between the covered period of March 1, 2020 and August 31, 2021, and who provide a self-certification form to their landlords and, when applicable, to the court. Tenants meeting these requirements cannot ever be evicted for any outstanding rent during the covered period. While tenants who are covered by this special protection may not be evicted, this rent is still due to landlords and landlords may pursue this rent through a money judgment.

 

• additional eviction preventions for tenants with household incomes below 80 percent AMI, who have applied for state or local rental assistance, and who have experienced an economic impact due to the COVID-19 pandemic. Tenants meeting these requirements who provide a self-certification form to their landlords and, when applicable, to the courts, are protected from eviction prior to December 31, 2021, for unpaid rent accrued from September 1, 2021 through December 31, 2021.

 

• for the special eviction protections to take effect, the tenant MUST provide the required self-certification form to their landlord and, when applicable, to the courts. 

 

• all New Jersey households with income less than 120 percent AMI may apply for the COVID-19 Emergency Rental Assistance Program.

 

• landlords who are receiving rental assistance must waive any late fees accrued by tenants during the special protections period.

 

• landlords may not report delayed rent to crediting agencies and they cannot sell the debt.

 

• landlords may not disclose non-payment of rent to others and prospective landlords may not deny renting to a person who wasn’t able to pay rent during the covered period of March 1, 2020 and August 31, 2021.

 

• the moratorium on home foreclosures ends on November 15, 2021, for all income levels. This includes landlords facing foreclosure who currently have tenants.

 
Do you think you qualify for any of these protections or need assistance in complying with these requirements? Schedule a strategy session with the Hunnell Law Group today!