A 3859 - Prohibits Evictions and Foreclosures During Emergency Circumstances - New Jersey Key Vote

Stage Details

Title: Prohibits Evictions and Foreclosures During Emergency Circumstances

Title: Prohibits Evictions and Foreclosures During Emergency Circumstances

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Title: Prohibits Evictions and Foreclosures During Emergency Circumstances

Vote Smart's Synopsis:

Vote to pass a bill that prohibits residential tenant eviction and eviction due to residential foreclosure during certain emergency circumstances.

Highlights:

 

  • Establishes that upon a State of Emergency or Public Health Emergency declaration, the Governor shall be authorized to issue an executive order to declare that a lessee, tenant, homeowner, or any other person shall not be removed from a residential property as a result of an eviction or foreclosure procedure (Sec. 1).

  • Specifies that this executive order shall remain in effect for no longer than 2 months following the end of the Public Health Emergency or State of Emergency (Sec. 1).

  • Authorizes that eviction and foreclosure proceedings may be initiated or continued during the time of an executive order but enforcement on all judgements for possession, warrants or removal, and writs of possession shall be stayed during this period (Sec. 1).

  • Prohibits sheriffs, court officers, and their agents from acting to remove individuals from residential properties through the eviction or foreclosure processes during the time of the executive order (Sec. 1).

  • Defines “residential property” to mean any property rented or owned for residential purposes, including, but not limited to (Sec. 1):

    • Any house or building;

    • Mobile home;

    • Land in a mobile home park; and

    • Tenement leased for residential purposes.

  • Specifies that “residential property” does not include any hotel, motel, or other guest house or part thereof, rented to a transient guest, seasonal tenant, or a residential health care facility (Sec. 1).

  • Establishes that this act shall take effect immediately upon passage (Sec. 2).

Title: Prohibits Evictions and Foreclosures During Emergency Circumstances

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