New Jersey § 2a:42-92

§ 2a:42-92.

The court shall proceed in a summary manner and shall render a judgment either: a. Dismissing the petition for failure to affirmatively establish the allegations

thereof or because of the affirmative establishment by the owner or a mortgagee or

lienor of record of a defense or defenses specified in this act; or b. Directing that (1) the rents due on the date of the entry of such judgment from

the petitioning tenant, if any, and the rents due on the dates of service of the judgment

on all other tenants occupying such dwelling, from such other tenants, shall be deposited

with the clerk of the court; (2) any rents to become due in the future from such

petitioner and from all other tenants occupying such dwelling shall be deposited with

such clerk as they fall due; (3) such deposited rents shall be used, subject to the

court's direction, to the extent necessary to remedy the condition or conditions alleged

in the petition and (4) upon the completion of such work in accordance with such judgment,

any remaining surplus shall be turned over to the owner, together with a complete

accounting of the rents deposited and the costs incurred; and granting such other

and further relief as to the court may seem just and proper. A certified copy of such judgment shall be served personally upon each nonpetitioning

tenant occupying such dwelling. If personal service on any such nonpetitioning tenant cannot be made with due diligence,

service on such tenant shall be made by affixing a certified copy of such judgment

on the entrance door of such tenant's apartment and, in addition, within 1 day after

such affixing, by sending a certified copy thereof by registered mail, return receipt

requested, to such tenant. Any right of the owner or parties in interest of such dwelling to collect such rent

moneys from any petitioning tenant of such dwelling on or after the date of entry

of such judgment, and from any nonpetitioning tenant of such dwelling on or after

the date of service of such judgment on such nonpetitioning tenant as herein provided,

shall be void and unenforceable to the extent that such petitioning or nonpetitioning

tenant, as the case may be, has deposited such moneys with the clerk of the court

in accordance with the terms of such judgment, regardless of whether such right of

the owner arises from a lease, contract, agreement or understanding heretofore or

hereafter made or entered into or arises as a matter of law from the relationship

of the parties or otherwise. Any such rent moneys received by the owner or parties in interest shall be deposited

immediately with the clerk of the court by such owner or parties in interest. It shall be a valid defense in any action or proceeding against any such tenant

to recover possession of real property for the nonpayment of rent or for use or occupation

to prove that the rent alleged to be unpaid was deposited with the clerk of the court

in accordance with the terms of a judgment entered under this section.