New Jersey § 52:27d-287

§ 52:27d-287.

The Legislature finds and declares that: a. The mortal threat posed by the COVID-19 pandemic compelled the Governor and Legislature

to take drastic but necessary action. Executive Order No. 103 of 2020 effectively shut down the New Jersey economy on

March 9, 2020, in order to hinder the rapid spread of the virus and to limit as much

as possible the number of infections, severe illnesses, and deaths. During the same time period, the Governor and Legislature enacted P.L.2020, c. 1 ( C.2A:18-59.3 ) and the Governor issued Executive Order No. 106 of 2020, and implemented a moratorium

on evictions, so as to ensure that during the covered period, households would be

able to shelter in place and eliminate the threat posed by displacement, overcrowding,

and the resultant spread of the virus. b. The foregoing measures caused severe economic difficulties for landlords and tenants

alike. Tenants, who in general have lower-incomes and far less wealth than homeowners,

have been disproportionately affected: a large number of them immediately became and

remain unemployed or underemployed. This is especially so for lower-income people of color, who are predominantly tenants

and who continue to be victimized by systemic and structural racism, which has left

them severely disadvantaged and extremely vulnerable to health emergencies and economic

downturns. c. Millions of jobs in our State and elsewhere have been permanently lost, and a significant

number of jobs abruptly interrupted by the virus-driven shutdown have yet to return. d. As a result, thousands of tenants in our State are unable to pay all or even part

of the rental arrearages caused by the pandemic when the moratorium ends, and these

tenants will also find it extremely difficult to make their future, ongoing regular

monthly rental payments once they resume. e. An overwhelming number of struggling tenant households, that are disproportionately

Black and brown, will therefore be at risk of eviction for non-payment of all or part

of their rent due and owing shortly after the moratorium is lifted. Combining the number of struggling tenants with the number of people at risk of

displacement if the arrearage and future rent payment issues are not addressed, evictions

and the resulting overcrowding, could create conditions that will lead to a resurgence

and new spread of COVID-19. f. At the same time, landlords have shouldered the financial burden of housing over

a million tenants, as well as the costs of maintaining the buildings, paying their

mortgages, taxes, and other financial obligations with insufficient help from the

State or federal government. g. While housing is a necessity, private sector landlords have thus far maintained

their properties and paid their financial obligations, including State and local taxes,

despite a lack of full compensation or assistance. h. In Executive Order No. 106 of 2020, the Governor expressly stated that protection

and preservation of personal and public health was the primary reason driving the

imposition of the economic shutdown and eviction moratorium, a health-centered concern

echoed and reinforced by the national eviction moratorium subsequently mandated by

the federal Centers for Disease Control and Prevention. With the surge in vaccinations and a corresponding drop in COVID-19 pandemic-related

hospitalizations, the public health justification to maintain the eviction moratorium

will eventually subside, and the Legislature deems it necessary to help struggling

tenants avoid displacement and to compensate landlords for providing this necessary

shelter to many tenants without compensation during the pandemic. i. In providing these protections, the State must ensure that rent arrearages accrued

during the covered period are not used as a mechanism for eviction. Rather, such debt shall be treated as civil debt, subject to recovery by the landlord

in a civil suit for a money judgment, which will balance the obligations of the tenant

under a lease contract with the need to provide housing stability. j. It is, therefore, necessary for the Legislature to assist landlords who have suffered

deep economic losses through no fault of their tenants or themselves, and, simultaneously,

make efforts to assist tenants who need help as a result of this crisis, in order

to ensure some measure of security and stability for their families and communities;

provide landlords with the restored rental income stream required to safely and efficiently

operate their buildings; and prevent a resurgence of the COVID-19 pandemic that will

threaten the health and safety of tenants, landlords, and the public at large.