NJ evictions: How are landlords, tenants faring after moratorium end – Bergen Record

Eviction filings in New Jersey are climbing close to pre-pandemic levels even as county courts continue to sift through tens of thousands of cases stalled during the COVID-spurred state moratorium that halted evictions for nearly two years.

While the state passed out $750 million in rental assistance in the last two years — and promised an additional $500 million to families — the need for money to make up missed rent payments is still dire, experts say. 

About 122,000 people linger on the state’s waiting list for its lottery rental assistance program, according to the Department of Community Affairs. 

“Unfortunately, the need for assistance is still very large, and not everyone who submitted an application will be selected for assistance due to lack of funds,” said department spokesperson Lisa Ryan.

Low-income tenants are protected from being displaced from their homes if they missed rent between March 2020 and Dec. 31, 2021 and filed a form with the state.

Under normal circumstances, a landlord can file for eviction the day after his tenant misses a payment. But a pandemic-era state law allows eligible renters to fill out a certification that transforms the missed rent into civil debt. That means a landlord can sue in small claims court for the funds — and possibly collect money he is owed through a bank levy or wage execution — but not kick the tenant out of the property for rent owed during the covered period.

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“There’s no question that evictions have exploded, especially for missed rent in 2022,” said Kevin Kelly, associate clinical professor of law at Seton Hall University School of Law who provides renters legal advice through the school’s Housing Justice Project.

“This instability affects families’ health, affects their children having to change schools all the time, can lead to people losing their jobs,” Kelly said. 

Nina Ramos, 34, is worried about the future of her four children if she is evicted from her Franklin Park home in Somerset County. Her son with special needs attends a specialized school nearby in Piscataway. Her daughter is about to enter high school, and is worried that she won’t get to attend the school she wants to because her family will have to move. 

“I’m extremely stressed out every day,” Ramos said. “I have thought about what I would do, but I haven’t really focused on it. I don’t have family to go to. I would have to go to a hotel and pay out of pocket, I guess.”

Ramos pays her $2,132 monthly rent on time each month with the help of a Section 8 voucher. Her landlord filed for eviction because the owner said she wanted to move into the house. 

Ramos has been scouring Somerset and neighboring counties since November for a new home she could afford and that her voucher would cover, but rents have soared. The government assistance that subsidizes two-thirds of her rent is not enough, nor is the income she collects from her three jobs teaching at a middle school, working at an after-school program, and driving for food delivery apps DoorDash and Instacart on weekends. 

“Now that my landlord filed an eviction against me, it makes it even more difficult because that shows up on my record even though I didn’t do anything wrong,” Ramos said. “People like me are having a hard time and if we don’t get help there are going to be a lot more of homeless people out there.”

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The numbers

In the first five months of 2022, landlords filed 40,600 eviction cases, according to data from the Administrative Office of the Courts. That’s more than double the number filed in the same time period in 2021 — 18,550 cases — but not up to pre-pandemic levels. From January to May 2019, landlords filed nearly 60,500 cases. 

“It’s important to remember that an eviction filing doesn’t necessarily end with someone being removed from their home,” said David Brogan, executive director of the New Jersey Apartment Association, a trade group representing landlords. “It’s the only legal remedy that we have, and many times a case is resolved in court that day with the landlord and tenant agreeing on a payment plan. It’s not a good business model to kick out your customers.”

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Depending on the county, some landlords and tenants have been waiting months and even years for a judge to hear their case. Most landlord-tenant court activities ceased during the first year of the pandemic, and courts slowly began trying to resolve cases in mediation last summer. 

Courts face 43,904 backlogged residential cases, which draws out a process that used to take a few weeks, according to data through the end of May, the latest available.  Some counties have less of a lift than others: Essex County’s 18,800 and Passaic County’s nearly 6,000 are more daunting than Hunterdon’s 91 or Sussex’s 120 outstanding cases. 

Owen McNany, 75, has been waiting for years for a court date for around 20 eviction cases he filed in Essex County. McNany, who has been a full time landlord for nearly 25 years, owns about 200 units in Orange, East Orange, South Orange and Maplewood. 

Some of McNany’s cases may fall under Gov. Phil Murphy’s rental protections, but other cases involve missed rent before or after the period covered by the moratorium, as well as a case involving a tenant breaking her lease and harassing other renters’ safety, McNany said. He estimates he is owed hundreds of thousands of dollars in rent. Those losses, in addition to the cost of fixing his properties damaged by the remnants of Hurricane Ida are impacting his ability to maintain his buildings, he said. 

Rental assistance needed

Renters should check if their county or city has an open rental assistance program. Meanwhile the state is asking the federal government for additional funds to help pay landlords, said Ryan at the DCA. New Jersey was able to collect an additional $87 million from other states and cities that did not pass out their funds by federal deadlines.  

“There is still some rental assistance out there, so the time is now to look for resources,” said Allison Nolan, an attorney with Volunteer Lawyers for Justice. “Tenants should know cases are moving and they should not wait until trial to seek help.”

Aid available through New Jersey’s state lottery program went fast. A $500 million pot of money designed primarily to pay future rent payments has already been spoken for — close to 29,000 families are collecting monthly checks that could last up to two years. Every six months the state reviews each family’s income to check if the assistance is still needed. 

Tenants at risk of eviction should apply for the state lottery at njdca.onlinepha.com if there are no local programs open, because if they show a judge they have a pending application, renters can receive a 60-day delay in their cases, advised Khabirah Myers, coordinator for the Office of Tenant Legal Services in Newark. 

The state still has close to $120 million remaining from the $750 million Eviction Protection Program pot designed to help families with utility assistance. 

Tenant attorneys say that while the majority of cases they handle are for nonpayment of rent, there are a rising number of landlords filing because they want to move into their properties, like Ramos’ landlord. While most proceedings are still remote, some judges may call cases in person, and computers with internet access are available in courthouses for those who don’t have the technology at home. 

“It would be so much more efficient to go back to in-person trials instead of remote, so we can get through this backlog and help people who are languishing with their cases pending in court without any relief,” said Derek Reed, attorney and former president of the New Jersey Property Owners Association.

“In my experience, parties are also able to settle more easily in person because they are able to sit down and work through it,” Reed said. “It can be extremely onerous to work through virtually.”

While online landlord-tenant trials can be better for some, such as people who have child care needs or can’t take off work to attend in person, they can also bring complications. 

Myers said she often gets calls from clients who went through a virtual trial and didn’t understand what happened. When Myers or her staff request an audio recording of the proceedings, they can be inaudible. 

“It just comes out as gibberish, which hampers my ability to provide a good defense because I can’t understand what is being said,” Myers said. “Our office doesn’t have the funds to request transcripts, which are so expensive, and also can take weeks to arrive when we need this information immediately.”

Another red flag Myers is seeing when representing Newark renters at risk of eviction is that some of the court records during the pandemic are not being sealed, as required by a recent law that intended to protect the names of renters in eviction proceedings so they are not placed on tenant blacklists. 

Kelly of Seton Hall says that he is seeing more tenants with legal representation after the state funded legal services programs at universities and launched a pilot to provide lawyers to low-income residents in Trenton, Atlantic City and East Orange. 

The program is still in its beginning stages, touching a small portion of those in need. As of January 2022, the pilot served 322 families with legal and social services support, and attorneys prevented “at least 100 evictions” in court, according to Ryan. 

“Historically I would be one of the only tenants’ attorneys in the courtroom of a sea of attorneys representing landlords,” Kelly said. “That’s starting to change with the right to counsel movement, but still too many renters don’t understand their rights and end up being evicted for the wrong reason.”

Local rental assistance 

Renters, landlords and homeowners can also visit housinghelpnj.org or dcaid.dca.nj.gov for a list of housing resources and social service programs. 

How has rising inflation impacted your life? Reach out to Ashley at BalcerzakA@northjersey.com to tell your story. 

Ashley Balcerzak is a reporter covering affordable housing and its intersection of how we live in New Jersey. For unlimited access to her work, please subscribe or activate your digital account today.

Email: balcerzaka@northjersey.com 

Twitter: @abalcerzak