New Jersey Governor Phil Murphy Signs Executive Order 106, Prohibiting Residential Evictions Amid COVID-19 Outbreak

Last updated March 23, 2020

While New Jersey’s legislators have been quick to act to protect residential tenants and homeowners in New Jersey and to take measures to prevent them from losing their homes, commercial business owners still remain at risk even under a new executive order issued by New Jersey Governor Phil Murphy.

Assembly members Angela McKnight, Holly Schepisi, and Benjie Wimberly and Senators Joseph Cryan and Nellie Pou fast-tracked Assembly Bill No. 3859 and Senate Bill No. 2276. This legislation affords the Governor of the State the ability, during a Public Health Emergency or State of Emergency, to issue an Executive Order declaring a moratorium on removing individuals from residential property as a result of an eviction or foreclosure proceedings.

On March 19, 2020, after signing this legislation into law, Governor Phil Murphy issued Executive Order No. 106, which provides much-needed relief to New Jersey’s residents. This Executive Order acknowledges that housing security and stability are important to public health and that these issues are more important than ever now that it has been recognized that homelessness can increase vulnerability to COVID-19.

Though various municipalities and counties have taken action to curb evictions in the wake of the COVID-19 pandemic, Governor Murphy’s Executive Order mandates that no lessee, tenant, homeowner, or any other person be removed from a residential property as the result of an eviction or foreclosure proceeding while the order remains in effect. The Executive Order also makes clear that Sheriffs, court officers, and their agents are prohibited from taking action to remove individuals from residential properties through the eviction or foreclosure processes for at the next two months.

While Governor Andrew Cuomo of New York has stated that he intends to issue a moratorium on residential and commercial evictions for 90 days, and despite news reports stating that all evictions in the State of New Jersey have been halted, Executive Order 106 issued by Governor Murphy contains language making it clear that this Order is only intended to protect individual persons renting or owning property for residential purposes. While the courts will not be hearing any landlord/tenant matters until at least March 27, 2020, business owners in New Jersey may find themselves vulnerable once these court sessions resume.

If your business is struggling and you are concerned that you may be at risk of eviction, or if you want to fully understand your rights as a landlord, tenant, or property owner in the state of New Jersey as the State’s response to the COVID-19 crisis continues to evolve, please contact our office for further guidance.

For additional information pertaining to the coronavirus outbreak, please visit CSG’s COVID-19 Resource Center.

This publication contains general information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.

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