New Jersey provides for termination of public health emergency declared by Governor to address COVID-19 pandemic
Except certain executive orders, directives, and powers will remain in effect temporarily. (NJ AB 5820)
Assembly Bill 5820, signed into law on June 4, 2021, terminates the public health emergency declared by the Governor to address the Pandemic, yet, leaves effective thirteen (13) Executive Orders that would have expired upon termination of the public health emergency declaration. The thirteen Executive Orders will remain in effect until January 1, 2022. One of the thirteen Executive Orders is Executive Order 106, instituting the Eviction Moratorium that will now expire on January 1, 2022. For now, no evictions may take place in the State of New Jersey for the remainder of 2021.
On June 24, 2021, the New Jersey Legislature passed S3691/A5685, which provides financial relief to tenants and provides certain protections from eviction. This bill has been sent to the Governor. The bill provides financial assistance for tenants based upon income level and provides certain protections from eviction for those with the inability to pay rent and who have been or are impacted by the COVID-19 pandemic. This bill also revises Eviction, foreclosure prohibited during certain emergency circumstances, N.J.S.A. 2A:18-59.3, which became law March 2020. Among the newly added provisions to N.J.S.A. 2A:18-59.3, the eviction moratorium, Executive Order 106, prohibiting the removal from a residential property as a result of a foreclosure will now expire November 15, 2021.
New Jersey State Law Update (S.B. 2961)
Cryan-Singleton Bill (S.B. 2961) mandates that, at the time the lender/servicer sends a Notice of Intent to Foreclose, a borrower must receive written notice from the lender of the option to participate in the NJ Foreclosure Mediation Program, and again when a mortgage foreclosure complaint has been filed. This notice must include information that obtaining a trained foreclosure prevention counselor is a requisite to participating in mediation, and that the borrower is not required to pay any fees to participate in the mediation program. The Notice has to be in English and Spanish. This law will be effective September 1, 2021.