Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Establishes Rental Assistance Navigation Program in DCA; makes appropriation.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a program to facilitate the prevention of residential evictions during the COVID period, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
Commissioner means the Commissioner of Community Affairs.
COVID period means the period beginning on March 1, 2020, and ending on December 31, 2021.
COVID period residential nonpayment or habitually late payment court record means:
a. any information maintained by a court in any form in connection with a landlord-tenant case or proceeding, including but not limited to pleadings, evidentiary exhibits, indices, calendars, and dockets;
b. any order, judgment, or warrant related to a landlord-tenant action;
c. any official transcript or recording of a public landlord-tenant proceeding, in any form;
d. any information in a computerized case management system created or prepared by the court in connection with a landlord-tenant action; and
e. any record provided to, made, or maintained by a judicial officer or special civil part officer.
DCA navigator means a not-for-profit or other entity, qualified in accordance with department standards, that facilitates the prevention of residential evictions in one or more regions of the State through fulfilling the responsibilities of the program delegated to the DCA navigator pursuant to a contract with the department.
Department means the Department of Community Affairs.
Nonpayment eviction action means a residential eviction action for nonpayment, for habitual late payment of rent, or for refusal to pay or agree to a rental increase during the COVID period.
Program means the Rental Assistance Navigation Program, established pursuant to section 2 of this act.
Rental assistance means cash payments to compensate for unpaid rent provided to the landlord by any federal, State, county, or local rental assistance program.
2. The Rental Assistance Navigation Program shall be established in the department, and to be administered by the department as a program to facilitate the prevention of residential evictions due to nonpayment and habitual late payment of rent or for refusal to pay or agree to a rental increase during the COVID period. The department may contract the responsibilities of the program to one or more DCA navigators, as deemed appropriate by the commissioner.
a. The department shall publish information about the program on the department s Internet website, and shall engage in a campaign to enhance public awareness of the program among the residential landlords and tenants in the State.
b. If a tenant has missed one or more rent payment, owed during the COVID period, a residential tenant, or the tenant s landlord, may apply for rental assistance through the program. Upon application for rental assistance through the program by a residential landlord or tenant, the applicant party shall provide notice of the application to the other party.
c. The department shall review rental assistance applications submitted through the program. In association with each application, the department shall:
(1) conduct outreach to each party to ensure the identity of each party and the accuracy of the information submitted through the application;
(2) determine eligibility for rental assistance available through the department and through other sources;
(3) assist with applications for rental assistance through sources other than the department; and
(4) maintain the confidentiality of information associated with each rental assistance application, though the department shall provide monthly reporting in the aggregate to the Legislature by municipality of the number of households assisted, race, ethnicity, and whether the households are very-low-income, low-income, or moderate-income households, the amounts of assistance provided, and the results of mediation through the program.
d. After a rental assistance application submitted pursuant to subsection c. of this section has been submitted and either granted or denied:
(1) if rental assistance sufficient to compensate for the rent unpaid by the tenant has been received by the landlord, the landlord shall agree to refrain from initiating or continuing any nonpayment eviction action, or money judgment action for unpaid rent, against the tenant for rent due during the COVID period.
(2) if rental assistance sufficient to compensate for the rent unpaid by the tenant has not been received by the landlord, the department shall facilitate a conference among the landlord, tenant, and a mediator to pursue a resolution.
(a) Through mediation, if the landlord agrees to refrain from pursuing or continuing any landlord-tenant or money judgment action, the landlord shall notify the court that any pending case should be dismissed and if a money judgment was issued it should be satisfied.
(b) Through mediation, if the tenant agrees to voluntarily vacate the property, then the tenant shall be permitted no less than 30 days to vacate, and shall be referred to a housing counselor certified by the federal Department of Housing and Urban Development.
e. The department shall complete the processes established pursuant to subsections c. and d. of this section within 45 days of the submission of a rental assistance application though the program.
3. a. A landlord shall not file a nonpayment eviction action, or money judgment action for unpaid rent, against a residential tenant while a rental assistance application, submitted through the program, is pending.
b. Effective immediately and in any action for unpaid rent during the COVID period, a landlord shall certify upon the filing of a nonpayment eviction action whether the landlord or tenant has applied for rental assistance, either through the program or otherwise. A landlord who has a pending nonpayment eviction action on the effective date of this act shall certify that the landlord or tenant has applied for rental assistance or participated in the p