Bill > A2396

Introduced Session

This bill would allow the governing body of each county to establish a county tenant legal assistance program for low-income families to provide legal representation in landlord-tenant proceeding. In addition, the bill would provide funding for the program by using a portion of the sheriff's fee for execution sales. Under the provisions of N.J.S.22A:4-8, the sheriff, as his fee, receives a percentage of the sale when property is sold in an execution sale. The percentage is as follows: (1) on all sums not exceeding $5,000.00, 6%; (2) on all sums exceeding $5,000.00 on such excess, 4%; and (3) the minimum fee to be charged for a sale by virtue of an execution, $50.00. This bill would provide that if the county has a established a county legal assistance program then a portion of that fee would be allocated to that program. The bill provides that $300 from each residential mortgage execution sale exceeding $7,000 that is conducted by the sheriff would be used by the county for the operation of the "County Tenant Legal Assistance Program." Monies would be deposited into the "County Tenant Legal Assistance Program Fund" which would be created by each county. The fund would provide a source of funding for the county legal assistance programs. By allowing counties to establish a trust fund for revenue generated from the sheriff's fee in residential mortgage foreclosure actions, this bill permits these revenues to be dedicated to covering the costs of the program beyond the one-year budget cycle otherwise provided for in the "Local Budget Law." Without providing this change in the local budget law, these funds would lapse into the county budget surplus at the end of any given budget year. In addition, the bill provides that if the county establishes a "County Tenant Legal Assistance Program" persons hired for that purpose would considered county employees and serve at the pleasure of the appointing authority. The bill would also require that the governing body of each county that has established a "County Tenant Legal Assistance Program" to establish a public awareness campaign in order to promote public awareness of the program and to promote public awareness of the services provided by Legal Services of New Jersey and its affiliates. If a governing body of a county has chosen not to establish a "County Tenant Legal Assistance Program" the governing body of that county would also be required to establish a public awareness campaign to promote awareness of the services provided by Legal Services of New Jersey and its affiliates.

AI Summary

Committee Categories

Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/07/2022)

Official Document