New Jersey § 2a:18-59

§ 2a:18-59.

a. (1) Notwithstanding any other law to the contrary, whenever a Public Health Emergency,

pursuant to the “Emergency Health Powers Act,” P.L.2005, c. 222 ( C.26:13-1 et seq. ) has been declared by the Governor in response to the COVID-19 pandemic and is in effect, the Governor may issue an executive order to declare that a lessee,

tenant, homeowner or any other person shall not be removed from a residential property

as the result of an eviction or foreclosure proceeding. This executive order shall remain in effect for no longer than two months following the end of the Public Health Emergency except

as provided in paragraphs (2) and (3) of this subsection . (2)(a) For eviction actions based upon reasons other than nonpayment or habitual late

payment of rent, or failure to pay a rent increase, Executive Order No. 106 of 2020

shall expire upon the effective date of P.L.2021, c. 188 ( C.52:27D-287.7 et al.). (b) For eviction actions based upon nonpayment or habitual late payment of rent, or

failure to pay a rent increase, Executive Order No. 106 of 2020 shall expire on August

31, 2021, for any lessee or tenant who is not a very low-income, low-income, or moderate-income

household. (c) For eviction actions based upon nonpayment or habitual late payment of rent, or

failure to pay a rent increase, Executive Order No. 106 of 2020 shall expire on December

31, 2021, for any lessee or tenant who is a very low-income, low-income, or moderate-income

household. Provided, however, that the protections conferred on such tenants by this section

shall expire on August 31, 2021, to the extent that such tenants do not comply with

the certification requirements of subsection d. of section 3 of P.L.2021, c. 188 ( C.52:27D-287.9 ). (d) To the extent that it prohibits the removal from a residential property as a result

of a foreclosure proceeding of any homeowner, Executive Order No. 106 of 2020 shall

expire on November 15, 2021. (e) The Governor shall have the ability to revoke or modify Executive Order No. 106

of 2020 prior to December 31, 2021 in a manner not inconsistent with the provisions

of this section. (3) Notwithstanding the provisions of paragraph (2) of this subsection, Executive

Order No. 106 of 2020 may be extended pursuant to the procedures set forth in subsection

b. of section 3 of P.L.2021, c. 103, if there is substantial evidence that hospitalizations and deaths due to the COVID-19

pandemic are likely to recur or substantially worsen if an extension is not ordered. b. Eviction and foreclosure proceedings may be initiated or continued during the time

of an executive order issued pursuant to this section, but enforcement of all judgments

for possession, warrants of removal, and writs of possession shall be stayed during

this period if the Governor has issued an executive order prohibiting certain removals

from residential property pursuant to subsection a. of this section, unless the court

determines on its own motion or motion of the parties that enforcement is necessary

in the interest of justice. c. Sheriffs, court officers, and their agents shall refrain from acting to remove

individuals from residential properties through the eviction or foreclosure processes

during the time of an executive order issued by the Governor prohibiting certain removals

from residential property pursuant to subsection a. of this section, unless the court

determines on its own motion or motion of the parties that removal is necessary in

the interest of justice. d. As used in this section, “ residential property ” means any property rented or owned for residential purposes, including, but not

limited to, any house, building, mobile home or land in a mobile home park, or tenement

leased for residential purposes, but shall not include any hotel, motel, or other

guest house, or part thereof, rented to a transient guest or seasonal tenant, or a

residential health care facility.