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Facing 'Avalanche' Of Eviction Cases, NJ Panel Recommends Fixes To Landlord-Tenant Court
By
Karen Yi
Published Apr 23, 2021
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By
Karen Yi
Published Apr 23, 2021
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New Jersey’s court system is considering dramatically changing how it handles eviction cases as it projects an “avalanche” of 194,000 landlord-tenant filings next year after the state’s eviction moratorium is lifted.
A panel of tenant advocates, landlord representatives, and court staff convened by New Jersey Chief Justice Stuart Rabner made 18 recommendations to the court that would not only help handle a deluge of eviction filings but also reimagine the court process for landlords and tenants. More than a third of New Jersey residents rent their homes, and in cities like Newark, renters make up 78% of the population.
“These recommendations really have the potential to be life-changing,” said Jessica Kitson, senior managing attorney for Volunteer Lawyers for Justice, a civil legal aid organization based in Newark.
“It is a very big deal that the court has taken the time to really think and examine the landlord-tenant process, and to think about how it can be improved because the stakes are higher than ever given COVID and its impact and the number of filings that we expect to see in the coming months.”
Listne to Karen Yi's report on WNYC:
The panel's suggestions include allowing virtual participation in trials so long as the courts offer tenants the opportunity to use internet connection on site or allow them to join by phone. Remote settlement conferences and trials would not only keep people safe during the pandemic but relieve tenants from having to spend all day in court or run into conflicts with work and childcare.
Other recommendations include hiring trained legal staff to mediate and direct tenants to rental assistance and legal help; allowing tenants to present their point of view to the court before trial; and requiring landlords to show their lease agreement prior to a case management hearing.
“The court welcomes comments on the committee’s proposals, which are designed to improve the overall landlord-tenant process and fairly and expeditiously resolve the large number of filings expected soon,” Justice Rabner said in a statement.
Governor Phil Murphy has issued a moratorium preventing anyone from being kicked out of their homes. The ban expires 60 days after the state’s public health emergency ends, meaning tenants are protected from lockouts at least through mid-July. But court records show landlords have already started the legal process to evict 58,861 families since last April. Essex County has the most landlord-tenant cases by far, making up 26% of filings by all 21 counties.
“New Jersey has a relatively strong anti-eviction act,” Kitson said, but she added that a majority of tenants do not have a lawyer in court. “These procedures will help make sure that tenants receive all of the due process protections to which they're entitled when facing eviction.”
Members of the public have until May 21st to send comments to the court on the proposed changes. Comments can be emailed to [email protected] or mailed to:
Glenn A. Grant, J.A.D. , Acting Administrative Director of the Courts
Comments on Report of the Judiciary Special Committee on Landlord Tenant
Hughes Justice Complex; P.O. Box 037
Trenton, New Jersey 0862 5-0037
Tagged
eviction
new jersey
pandemic
economy
Karen Yi
Karen Yi covers homelessness and poverty. She joined the WNYC and Gothamist newsroom in 2020. Before that, Karen covered Newark for the Star-Ledger and spent almost a decade working for newspapers in New Jersey and Florida. She grew up in Miami and has a dog named Cashew. Got a tip? Email [email protected] or Signal 917-589-1460.
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