Eviction Moratorium Update

On August 5, 2021, New Jersey’s Governor signed NJ S.B. 3691/A.B. 5685 (2021), which will officially end New Jersey’s Eviction Moratorium in waves based on income level beginning August 31, 2021.

After August 31, 2021, landlords may evict those tenants whose households make 120% of the Area Median Income (“AMI”) or more, for nonpayment of rent regardless of when it came due. Also, after August 31, 2021, landlords may evict those tenants who make less than 120% of AMI, but only for unpaid rent that came due either before March 1, 2020, or after August 31, 2021. Additionally, those tenants who make less than 80% of AMI may submit a “Hardship Certification,” which will prevent Landlords from evicting them for unpaid rent that came due between March 1, 2020, and December 31, 2021. You can read more about this new legislation in our blog here.

Importantly, this legislation requires landlords to post information regarding certain facets of this new law. Specifically, landlords must post explanatory notices in conspicuous locations within the common areas of their buildings. Landlords must post both the English and Spanish versions of the notice. Among other things, these notices provide information about the DCA’s household income self-certification form, a summary of the new law’s protections, and information highlighting the potential availability of rental assistance from the COVID-19 Emergency Rental Assistance Program Phase II (“CVERAP II”) Eviction Prevention Program.

These notices must also be included alongside any notices or complaints in actions related to an eviction for nonpayment of rent, habitual late payment of rent, or failure to pay a rent increase, and alongside notices or complaints for  actions seeking payment of rental arrears.

The English version of the notice can be found here. The Spanish version of the notice can be found here.

A rough estimate of AMI broken down by county and number of people living in the household is as follows. Importantly, the below chart only represents an estimate, and its accuracy cannot be guaranteed. But it should form a good baseline for determining the level of a tenant’s protection.

 

County

Percent AMI

Number of People in Household

1 Person

2 People

3 People

4 People

5 People

6 People

7 People

8 People

Annual Income

Atlantic

80%

$36,500

$41,800

$47,000

$52,200

$56,400

$60,500

$64,700

$68,900

120%

$54,750

$62,600

$70,400

$78,250

$84,500

$90,750

$97,000

$103,300

Bergen

80%

$49,100

$56,000

$63,100

$70,000

$75,600

$81,200

$86,800

$92,400

120%

$73,500

$84,000

$94,500

$105,000

$113,400

$121,800

$130,200

$138,600

Burlington

80%

$41,600

$47,600

$53,600

$59,500

$64,200

$69,000

$73,700

$78,500

120%

$62,400

$71,350

$80,250

$89,150

$96,300

$103,450

$110,550

$117,700

Camden

80%

$41,600

$47,600

$53,600

$59,500

$64,200

$69,000

$73,700

$78,500

120%

$62,400

$71,350

$80,250

$89,150

$96,300

$103,450

$110,550

$117,700

Cape May

80%

$36,800

$42,000

$47,200

$52,400

$56,600

$60,800

$65,000

$69,200

120%

$55,000

$62,900

$70,750

$78,600

$84,900

$91,200

$97,450

$103,750

Cumberland

80%

$32,900

$37,600

$42,300

$47,000

$50,800

$54,500

$58,300

$62,000

120%

$49,300

$56,350

$63,400

$70,450

$76,100

$81,700

$87,350

$93,000

Essex

80%

$47,300

$54,000

$60,800

$67,600

$73,000

$78,400

$83,800

$89,200

120%

$70,900

$81,000

$91,150

$101,300

$109,400

$117,500

$125,600

$133,700

Gloucester

80%

$41,600

$47,600

$53,600

$59,500

$64,200

$69,000

$73,700

$78,500

120%

$62,400

$71,350

$80,250

$89,150

$96,300

$103,450

$110,550

$117,700

Hudson

80%

$39,000

$44,500

$50,100

$55,600

$60,100

$64,500

$69,000

$73,400

120%

$58,400

$66,700

$75,050

$83,400

$90,050

$96,750

$103,400

$110,100

Hunterdon

80%

$54,200

$62,000

$69,600

$77,400

$83,600

$89,800

$96,000

$102,100

120%

$81,250

$92,850

$104,450

$116,050

$125,300

$134,600

$143,900

$153,150

Mercer

80%

$47,900

$54,700

$61,600

$68,400

$73,800

$79,300

$84,800

$90,200

120%

$71,750

$82,000

$92,250

$102,500

$110,700

$118,900

$127,100

$135,250

Middlesex

80%

$54,200

$62,000

$69,600

$77,400

$83,600

$89,800

$96,000

$102,100

120%

$81,250

$92,850

$104,450

$116,050

$125,300

$134,600

$143,900

$153,150

Monmouth

80%

$47,600

$54,400

$61,200

$68,000

$73,500

$78,900

$84,400

$89,800

120%

$71,400

$81,600

$91,800

$102,000

$110,150

$118,300

$126,500

$134,650

Morris

80%

$47,300

$54,000

$60,800

$67,600

$73,000

$78,400

$83,800

$89,200

120%

$70,900

$81,000

$91,150

$101,300

$109,400

$117,500

$125,600

$133,700

Ocean

80%

$47,600

$54,400

$61,200

$68,000

$73,500

$78,900

$84,400

$89,800

120%

$71,400

$81,600

$91,800

$102,000

$110,150

$118,300

$126,500

$134,650

Passaic

80%

$49,100

$56,000

$63,100

$70,000

$75,600

$81,200

$86,800

$92,400

120%

$73,500

$84,000

$94,500

$105,000

$113,400

$121,800

$130,200

$138,600

Salem

80%

$41,600

$47,600

$53,600

$59,500

$64,200

$69,000

$73,700

$78,500

120%

$62,400

$71,350

$80,250

$89,150

$96,300

$103,450

$110,550

$117,700

Somerset

80%

$54,200

$62,000

$69,600

$77,400

$83,600

$89,800

$96,000

$102,100

120%

$81,250

$92,850

$104,450

$116,050

$125,300

$134,600

$143,900

$153,150

Sussex

80%

$47,300

$54,000

$60,800

$67,600

$73,000

$78,400

$83,800

$89,200

120%

$70,900

$81,000

$91,150

$101,300

$109,400

$117,500

$125,600

$133,700

Union

80%

$47,300

$54,000

$60,800

$67,600

$73,000

$78,400

$83,800

$89,200

120%

$70,900

$81,000

$91,150

$101,300

$109,400

$117,500

$125,600

$133,700

Warren

80%

$46,700

$53,300

$60,000

$66,700

$72,000

$77,300

$82,700

$88,000

120%

$69,950

$79,950

$89,950

$99,950

$107,950

$115,950

$123,950

$131,950

 Jennifer L. Alexander is the Managing Shareholder at Griffin Alexander, PC whose practice concentrates on matters involving New Jersey, New York and Pennsylvania Landlord-Tenant Law, Community Association Law, and Collections Law. She also handles Commercial Real Estate Transactions, Land Use and Municipal Court matters. She begins most days appearing in Landlord-Tenant Court or appearing on behalf of community associations in litigation, providing legal advice and guidance through the day and ends most of her days representing communities in board meetings.  Under Ms. Alexander’s leadership in the Landlord Tenant Department, the firm represents local, national corporate and individual landlords. Representation includes non-payment cases, “for-cause” cases (e.g. habitability claims, security deposits, lease violations), lease drafting and statutory compliance.  Ms. Alexander regularly provides lease reviews and lease drafting for her clients to ensure they are in compliance with new laws and fit the needs of her individual clients. She is also well versed in rent control laws, affordable housing requirements and what is necessary for capital surcharge applications.  For more information please reach out to Griffin Alexander at (973) 366-1188 or visit their website here 

The information is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.

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