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.
Read More Information About COVID-19
What Residential Landlords and Tenants Should Know About Breaking a Lease during the Covid-19 Pandemic
What Residential Landlords and Tenants Should Know About Breaking a Lease during the Covid-19 PandemicBy Josean Otero, Esq. Many tenants are facing immense emotional and financial pressure as a result of the COVID-19 pandemic and are considering breaking their lease....
COVID-19 Short-Term Rental Assistance Program (CVERAP)
COVID-19 Short-Term Rental Assistance Program (CVERAP)As a part of the Murphy Administration’s response to assist New Jersey residents affected by the COVID-19 pandemic, Governor Murphy and Lieutenant Governor Oliver announced the COVID-19 Short-Term Rental Assistance...
Renters May Now Use Security Deposit For Rent Payments
Renters May Now Use Security Deposit For Rent PaymentsOn Friday, April 24th Governor Murphy signed Executive Order -128 allowing renters to utilize their security deposits for rental payments. For a copy of this order
Rent Freezing in North Jersey and Beyond
Rent Freezing in North Jersey and BeyondWe hope you are all managing and staying healthy throughout these difficult times. Governments across the country are taking action to help keep tenants in their homes and stop evictions. For example, evictions are not happening...
FRKB & G Presents “The Obligation to Pay Rent and the Courts: The Latest”
FRKB & G Presents “The Obligation to Pay Rent and the Courts: The Latest”Like you, we're closely monitoring the quickly developing effects of the Coronavirus (COVID-19) pandemic. We have received several calls from members concerned about the effects of the...
NMHC Presents “Tools for Communicating with Residents Regarding Rent Flexibility, Federal Assistance and Rent Obligations” covid, News & Views
NMHC Presents “Tools for Communicating with Residents Regarding Rent Flexibility, Federal Assistance and Rent Obligations”Like you, we're closely monitoring the quickly developing effects of the Coronavirus (COVID-19) pandemic. We have received several calls from...
Brach Eichler Presents “How to Protect Your Multifamily Apartment Business by Seeking Relief Under COVID-19-Related Laws”
Brach Eichler Presents “How to Protect Your Multifamily Apartment Business by Seeking Relief Under COVID-19-Related Laws”Please see this latest contribution from POA member Brach Eichler on the current situation for owners hereRead More About COVID-19Read More News...
COVID-19 & SBA Economic Disaster Loan Information
COVID-19 & SBA Economic Disaster Loan InformationLike you, we're closely monitoring the quickly developing effects of the Coronavirus (COVID-19) pandemic. We have received several calls from members concerned about the effects of the moratorium on evictions. We...