How courts to deal with evictions

Filings will flood system without a better strategy

By: Ashley Balcerzak
NorthJersey.com
USA Today Network - New Jersey

..... While New Jerseyans cannot be kicked or locked out of their homes through at least mid-July [2021] because of a COVID-related moratorium, tens of thousands of renters are behind on payments and face eviction once the moratorium lifts, putting both landlords and tenants at financial risk.
..... To prepare fro an "impending flood" of landlord-tenant cases, New Jersey should hire and train legal specialists, create a streamlined case settlement process and connect renters with financial assistance, according to a 69-page report released Wednesday [04/21/2021] by a special committee formed by New Jersey Chief Justice Stuart Rabner.
..... Among the 18 recommendations:
* Trials should be virtual whenever possible once the moratorium lifts to "eliminate crowded calendar calls."
* Landlords should submit a brief statement with the major facts of the case, so court staff could triage cases early in the process with standardized information.
* Tenants should have the opportunity to complete a simple survey early in the process to present their side. Currently, tenants rarely submit information before a trial.
* The courts should invest in more legal staff to do a thorough initial review of cases.
* The courts should create incentives for landlords and tenants to attend case management and settlement conferences before a trial to present opportunities for the parties to work out an agreement or connect them with rental assistance and legal help.
..... "The committee's work ... [tried] to prevent widespread housing instability and homelessness once the moratorium on residential evictions ends," Rabner said. "The court welcomes comments on the committee's proposals, which are designed to improve the overall landlord-tenant process and fairly and expeditiously resolve the large number of filings expected soon.:
..... New Jerseyans can submit comments on the recommendation until May 21 [2021] via email to Comments.Mailbox@njcourts.gov on in writing to Glen A, Grant, P.O. Box 037, Trenton, New Jersey 08625-0037. the report can be found at bit.ly/3ekltgW .
..... Although a person cannot be physically kicked out or locked out of their home, landlords can begin the legal process and file paperwork with the courts, The courts received more than 62,000 landlord-tenant filings between March 2020 and February 2021, compared to 153,000 filings between March 2019 and February 2020.
..... The courts expect to receive 194,000 new filings in 2022.
..... The special committee includes tenant advocates, landlords, judges and court staff, including Legal Services of New Jersey, the New Jersey State Bar Association and the New Jersey Apartment Association.
..... New Jerseyans who need rental assistance can apply to a lottery state grant program to cover up to a year of payments by visiting: njdca.onlinepha.com . for landlords, renters or homeowners with questions about grants, resources or COVId-19 rules can visit www.housinghelpnj.org or call 888-691-3002.

HOME