A4322

An Act concerning foreclosure and tenant evictions during federal government shutdown and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Eligible resident” means a resident of this State who is: (1) an employee of a federal government agency who is furloughed because of a federal government shutdown and receives unemployment benefits during the shutdown or who works during a shutdown but is not paid because of the shutdown; or (2) a recipient of the federal Supplemental Nutrition Assistance Program established pursuant to the “Food and Nutrition Act of 2008,” Pub.L.110-246 (7 U.S.C. s.2011 et seq.).

“Federal government shutdown” or “shutdown” means any period in which there is more than a 24-hour lapse in appropriations for any federal government agency as a result of a failure to enact a regular appropriations bill or continuing resolution due to an impasse between the President and the Congress of the United States or between the two Houses of Congress.

“Residential property” means any property rented or owned for residential purposes, including, but not limited to, any house, building, mobile home or land in a mobile home park, or tenement leased for residential purposes, but shall not include any hotel, motel, or other guest house, or part thereof, rented to a transient guest or seasonal tenant, or a residential health care facility.

b. Notwithstanding any other law to the contrary, except as provided in paragraphs (1) and (2) of subsection c. of this section, whenever a federal government shutdown is in effect, the Governor may issue an executive order to declare that an eligible resident shall not be removed from a residential property as the result of an eviction or foreclosure proceeding. This executive order shall remain in effect for no longer than one month following the end of the federal government shutdown.

c. Eviction and foreclosure proceedings may be initiated or continued during the time of an executive order issued pursuant to this section, but enforcement of all judgments for possession, warrants of removal, and writs of possession shall be stayed during this period if the Governor has issued an executive order prohibiting certain removals from residential property pursuant to subsection b. of this section, unless:

(1) the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice; or

(2) in the case of an eviction proceeding, the eviction action is not based on the nonpayment or habitual late payment of rent, or the failure to pay a rent increase.

d. Sheriffs, court officers, and their agents shall refrain from acting to remove individuals from residential properties through the eviction or foreclosure processes during the time of an executive order issued by the Governor prohibiting certain removals from residential property pursuant to subsection b. of this section, except as otherwise provided in paragraphs (1) and (2) of subsection c. of this section.

2. This act shall take effect immediately.

STATEMENT

This bill would provide that, whenever a federal government shutdown is in effect, the Governor may issue an executive order to declare that an eligible resident is not to be removed from a residential property as the result of an eviction or foreclosure proceeding. The bill defines “eligible resident” as: (1) a federal government employee furloughed due to the federal government shutdown; or (2) a recipient of federal food assistance under the Supplemental Nutrition Assistance Program. An executive order would remain in effect for no longer than one month following the end of the federal government shutdown.

The bill would permit eviction and foreclosure proceedings to be initiated or continued during the time of the executive order, but enforcement of all judgments for possession, warrants of removal, and writs of possession would be stayed, unless:

· the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice; or

· in the case of an eviction proceeding, the eviction action is not based on the nonpayment or habitual late payment of rent, or the failure to pay a rent increase.

With these exceptions, the bill would require sheriffs, court officers, and their agents to refrain from acting to remove individuals from residential properties through the eviction or foreclosure processes during the time of the executive order.