Bill > A5242

Introduced Session

This bill prohibits evictions Statewide for non-payment of rent during the COVID-19 covered period. This bill defines covered period to mean the period during which a public health emergency exists as declared by the Governor in Executive Order No. 103 of 2020, as extended, and one year following the conclusion of this period. Additionally, this bill defines non-emergency eviction to any eviction action against a residential tenant which would have been permitted under State law prior to the enactment of this bill, but does not include eviction actions against a residential tenant who has physically endangered other tenants or the landlord. Self-quarantining due to a COVID-19 infection or exposure is not an endangering act. Under this bill, evictions would be prohibited for nonpayment or habitual late payment by a residential tenant of any and all rent arrearages which remain due and owing on the date that the covered period ends. Additionally, payments made by a tenant after the covered period shall be credited first to the current month's rental obligation, and any balance shall be credited to any arrearage owed by the tenant. This bill provides that a landlord would remain entitled to pursue a money judgment for any and all unpaid rent by filing an action in Superior Court. All judgments for possession and warrants for removal for nonpayment or habitual late payment during the covered period, including those entered pursuant to stipulation or consent order, would be null, void, and unenforceable, and the corresponding actions shall be expunged from the court records. Additionally, no court would accept any other nonpayment or late payment eviction filings during the covered period. Under the bill, non-emergency eviction would be prohibited during the covered period. All judgments for possession and warrants for removal entered in non-emergency eviction actions during the covered period, including those entered pursuant to stipulation or consent order, would be null, void, and unenforceable, and the corresponding actions would be expunged from the court records. Furthermore, no court would accept any other non-emergency eviction filings during the covered period. Additionally, landlords would be prohibited from imposing any late fees or any other fees, including attorney's fees, for rent payments not made during the covered period and prohibited from increasing the rent on a residential rental unit during the covered period. This bill does not prohibit a landlord from filing civil money suits to collect the back rent owed. The tenant in such actions would retain the right to assert any and all counterclaims, set-offs, legal defenses, affirmative defenses, and equitable defenses that would otherwise be available to them.

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Raj Mukherji (D)*,  Verlina Reynolds-Jackson (D)*,  Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Housing Committee (on 01/11/2021)