Voucher holders needing more than 120 days to identify housing may request extensions through the online portal, via phone call, or mail as needed; Prepared to accept from its clients interim income re-certifications due to decreased income from the public and private responses to COVID-19. The Governor then immediately signed Executive Order No. Many New Jersey residents have lost employment … We don’t yet know what the process will be for applying for and distributing these funds to eligible households. has qualified for unemployment benefits; or, attests in writing that he or she has experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the pandemic; AND, 1 or more individuals in the household demonstrates a risk of experiencing homelessness or housing instability, which can include a past due utility notice, a past due rent notice, an eviction notice (whether or not your landlord has filed a complaint in court), living conditions that are unsafe or unhealthy, or other evidence of risk identified by the administrator of the funds; AND, the household income is below 80% of the area median income (AMI) (this figure depends on the county where you live and can be found in the FY2020 income limits for your county available, On May 18, 2020, Newark’s Mayor Baraka announced a, Contact a legal services organization such as. Although New Jersey Governor Phil Murphy has issued an indefinite moratorium on evictions, and the housing courts have suspended trials, landlords have still filed more than 15,000 eviction … Share the complaint you received with any organization or lawyer who agrees to help you. After the eviction moratorium ends, the report suggests, the state could see as many as 304,000 eviction filings over a four-month period—about a 600 percent increase from pre-Covid-19 levels. “This is a public health emergency that confronts all of us with challenges, especially those who live paycheck to paycheck to support themselves and their families. The National Low Income Housing Coalition has constructed a. “We are working diligently at DCA to maintain quality services for the homeless, our tenants, and landlords as we respond to the threat of COVID-19.” DCA has taken a number of actions to meet the ongoing needs of its clients and to curb evictions and homelessness during the state of emergency. Can my landlord file an eviction action against me if I live in public housing or have a Section 8 Voucher? 106, which imposes such a moratorium. The Administrative Office of the Courts also provided helpful guidance on the legislation. For a list of housing counselors participating in FMAP, visit: https://njhousing.gov/foreclosure At the Department of Community Affairs, rental assistance programs continue to operate and fulfill all core business functions, including paying rents to landlords and processing recertifications, income redeterminations, and other core functions. SBA’s Economic Injury Disaster Loans offer up to $2 million in assistance for small businesses and private non-profits. This Order suspends residential utility and water shutoffs until March 15, 2021, requires resumption of service that has been discontinued, and forbids the imposition of late fees arising during the emergency period. As noted above, the CARES Act ban on eviction filings by covered landlords expired on July 25. In that case, the owner may not file an eviction action for nonpayment of rent, or charge late fees related to nonpayment of rent, during the period when the owner is allowed to delay making mortgage payments. In New Jersey, however, the Law Against Discrimination prevents a landlord from refusing to cooperate with agencies offering rent subsidies or declining such subsidies. Tenants who live in eligible households can apply for funds. More than 30% of New Jersey residents are renters, according to census data. Tenants in need can also apply for up to $1,500 per month of rental assistance provided by the state if they live on Kaua‘i, Maui and Hawai‘i Island and up to $2,200 if they live on Oahu. Such assistance will not count in determining whether someone is a “public charge” for purposes of eligibility for immigration relief. New Jersey Governor Murphy Enacts Moratorium on Removals of Individuals Due to Evictions or Foreclosures _1. Mar 23, 2020. I am glad the Governor sees the necessity of this legislation and the relief that this law will give to thousands of scared New Jersey families at this uncertain moment.” The Governor also is asking any financial institution holding residential or commercial mortgages, equity loans, lines of credit or business loans, to implement a process to work with the mortgagors or loan holders to avoid foreclosure or default arising out financial hardship caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19. Moratorium on Evictions, Foreclosures in Place for NJ. By Jennifer L. Alexander, Esq. Maybe. UPDATE: Federal eviction moratorium extended through 3/31/21. It is a crime for your landlord to lock you out. -Read Full Dislaimer. Together, we will get through this public health crisis.” “I applaud the Governor’s swift action in signing this bill into law in the midst of the expanding coronavirus crisis,” said Senator Joseph Cryan. Yes. In New Jersey, a landlord may not require a tenant to leave his or her home except through a court proceeding. Who is eligible? A household is eligible for emergency rental assistance if: These funds are available to eligible households regardless of the immigration status of the household members. Check the New Jersey Courts website for further updates. Are the courts accepting cases that landlords file against tenants? You can then withhold the money you spent on repairs from your rent (save all receipts for the repairs!). We still do not know who will administer the program in New Jersey or how/where to apply for this assistance. Under the state moratorium, landlords can file an eviction complaint to start the legal process, but filing the complaint does not mean renters must leave, Winter said. Only in emergency cases. “It is unsettling to think a family could be evicted or asked to leave their home due to foreclosure proceedings at this time,” said Assembly Sponsors Angela McKnight and Benjie Wimberly. A dismissal will not stop the landlord from filing a new complaint, but the landlord must first give the tenant 30 days’ notice (see below). We're unpacking America's eviction crisis. Volunteer Lawyers for Justice – New Jersey, some general answers to questions about rental assistance, New Jersey Housing and Mortgage Finance Agency, temporary moratorium on all rent increases, certify their compliance with the CARES Act. If I can’t afford to pay my rent and fall behind, will I still owe the money? New Jersey is the exception. Income re-certifications may be submitted through DCA’s online portal and through mail. As most are already aware of, residential tenants in New Je If you are facing eviction or foreclosure, contact a housing counselor immediately through this online directory or by calling 1-800-NJ-HOUSE. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended evictions throughout the state. Counselors will provide upfront assistance to help homeowners avoid potential foreclosure. Lowenstein Sandler will not use or disclose your information except as stated in our privacy policy. If you fall behind on your rent payments, you can also try speaking with your landlord to work out a payment plan to avoid having an eviction action filed against you. These actions come a day after the U.S. Department of Housing and Urban Development, Fannie Mae, and Freddie Mac would be suspending all foreclosures and evictions for at least 60 days. 2C:33-11.1. In addition, some tenants have special protections: What about court? No. To assist individuals financially impacted by COVID-19 mitigation measures, who are not eligible to receive unemployment or temporary disability assistance, HESAA is requesting borrowers supplement their financial hardship application with a statement explaining how the impact of the COVID-19 virus response has caused their financial hardship. More information is below. Can I be evicted while the State Order is in place? 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. Phil Murphy signed in March — at least for now. Those who rent to federally subsidized tenants, including tenants who: live in Section 8 project-based housing, or. Loan terms are up to a maximum of 30 years. Governor Sheila Oliver, who serves as DCA Commissioner. Tenants still owe the rent. In any case, a lockout cannot happen until the moratorium under the state order is lifted. On July 24, 2020, the New Jersey Supreme Court ordered that most trials in landlord-tenant court continue to be “suspended until further notice.” The order makes clear, however, that trials may proceed when the court determines that there is an emergency. Suspended terminations for non-essential reasons (those not involving violence and/or threats to others) in the Section 8 Housing Choice Voucher (HCV) and State Rental Assistance Program (SRAP); Extended the housing search period for all current voucher holders to the full 120 days allowed by the U.S. Department of Housing and Urban Development (HUD) for those without disabilities or who are not elderly for the housing search period. To get financial counseling on meeting your rental obligations, check the website of New Jersey Housing and Mortgage Finance Agency, which lists free counselors in every county. If a landlord covered by the CARES Act filed such an eviction complaint during this period, the tenant can request that the case be dismissed. This is a time to care for our neighbors and fellow citizens.” “As people work anxiously to keep themselves and their loved ones safe in the face of this pandemic, they should not also have to live in the fear of going homeless,” said Senator Nellie Pou. Several cities, including Newark, Atlantic City, Somerset County, and Jersey City have rental and mortgage assistance programs and other areas may be developing programs. To discuss your individual circumstances, contact a legal services organization such as Legal Services of New Jersey, Volunteer Lawyers for Justice – New Jersey, Community Health Law Project, Essex County Legal Aid Association, or City of Newark Office of Tenant Services. So far, the state government has not banned rent increases during the crisis. Can I be locked out of my home during the COVID-19 emergency? The federal law provides that, if a landlord or utility company refuses the money, the funds will go directly to the tenant who will pay the rent or utility bill. How much can I apply for and how must the rental assistance be used? HESSA will review these applications with greater flexibility considering the impact of COVID-19. In general, residents cannot be evicted if they “have no permanent housing to which they may safely or lawfully return and live at a hotel or motel on a continual basis.” Under Administrative Orders 2020-08 and 2020-09 (issued by the State Director of Emergency Management on April 4 and April 24, 2020), the following hotel and motel residents are generally protected from eviction: Others may be protected as well. While DCA field offices are closed to the public to observe social distancing protocols, DCA encourages current participants to utilize the online portal at assistancecheck.com to submit documents, or to submit documents through the mail. 106, https://faq.business.nj.gov/en/articles/3789809, https://www.hesaa.org/Documents/Relief%20Options/Unemployment.pdf, https://www.hesaa.org/Documents/NJCLASSTempDisabilityForm.pdf, https://www.hesaa.org/Documents/Relief%20Options/Financial%20hardship.pdf. Tenants should report any such refusals to the Division on Civil Rights. Today the Governor signed A-3859 into law, which explicitly provides authority to the Governor to issue an executive order declaring a moratorium on removing individuals from their homes pursuant to an eviction or foreclosure proceeding. For additional resources, try calling 2-1-1. In the absence of statewide protection, tenants retain whatever protections may already have applied, including lease provisions and rent control ordinances, which normally permit rent increases only once a year. Generally, yes. § 1746, that the foregoing are true and correct: • I have used best efforts to obtain all available government assistance for rent or housing; 1