Bill > S3093

Introduced Session

This bill establishes an expedited ejectment proceeding to remove certain unauthorized occupants of real property. In an action by a property owner in the Superior Court to obtain possession of real property from a person occupying the property without the consent of the owner, without color of title, and without making any prior payment for the occupancy, the bill requires the court to, within three business days of receiving a verified complaint, allow a hearing on the complaint to proceed. The court is required to notify the real property owner or the owner's agent of the court's determination. If the court allows a special expedited ejectment proceeding, the court is required to fix the date of the hearing, to occur on or before the fifth business day following the court's determination. In the complaint filed by the real property owner or the owner's agent, the real property owner or the owner's agent is required to certify the following:· that prior to the submission of the complaint to the court, the property occupant has been provided with written notice of the complaint or written notice has been posted prominently on the real property;· the person verifying the complaint is the property owner or the owner's agent;· the occupant of the property has never been a lawful tenant of the property, and does not lawfully own or possess the real property; · the occupant of the property has never paid rent to the property owner or the owner's agent; and · the occupant of the property has never had a written lease or other written permission from the property owner or the owner's agent, to reside on the property. In addition to any notice that the Administrative Director of the Courts may determine to be appropriate, a property occupant, who is the subject of a complaint submitted in accordance with the bill, would be provided with written notice of the date, time, and location of the special expedited ejectment proceeding within 24 hours of scheduling. If, in a special expedited ejectment proceeding, the court determines that the information certified by the owner or the owner's agent is accurate, the bill requires the court to issue a writ of possession. An officer of the court is required by the bill to remove the unauthorized occupant following the issuance of the writ of possession. The bill provides that the court would be authorized to extend the timeline requirements, if necessary in the interest of justice, in extraordinary circumstances. The bill provides that a person commits a crime of the third degree if the person knowingly forges a document for the purpose of availing oneself of, or circumventing, the special ejectment proceeding processes established in the bill. A crime of the third degree is punishable by imprisonment for three to five years, and a fine of up to $15,000. As a result of existing provisions of chapter 39 of Title 2A of the New Jersey Statutes, which this bill supplements, a property owner who prevails in an action initiated pursuant to the bill, would recover all damages proximately caused by the unlawful occupancy, including court costs and reasonable attorney's fees. Additionally, the bill provides that a prevailing property owner would be entitled to treble damages for all damages proximately caused by the unlawful entry and detainer. The bill would take effect on the first day of the third month following enactment, and would apply to an action for a writ of possession initiated on or after that date.

AI Summary

Committee Categories

Brian Stack (D)*,  Douglas Steinhardt (R)*,  Jim Holzapfel (R),  Declan O'Scanlon (R),  Parker Space (R), 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 04/11/2024)

Official Document