Tenants rights in a pandemic: Morristown legal group offers advice for avoiding eviction, post-COVID

New Jersey Together webinar on tenants rights in the pandemic, Nov. 17, 2020. Screenshot by Marion Filler
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By Marion Filler

As COVID-19 continues unchecked, growing numbers of renters in New Jersey are finding they are vulnerable — not only to disease but to eviction and homelessness.

New Jersey Together, a grassroots organization founded in 2018, and Legal Services of Northwest Jersey teamed up in a virtual session Tuesday to inform tenants about their rights as they continue to lose jobs and paychecks.

Elliot Harris of Legal Services of Northwest New Jersey, Nov. 17, 2020. Screenshot by Marion Filler.

David Saltzman and Elliott Harris are with Legal Services, on Schuyler Place in Morristown.

“What we do is offer legal advice and representation to those who are economically challenged in Morris County,” Saltzman explained. “When in doubt, we would ask you to come to us, call us, ask us questions, bring your legal issues to us.”

He also suggested downloading Tenants’ Rights in New Jersey, a detailed explanation of law and current policy.

Several measures are designed to help renters. Perhaps the most important: New Jersey has suspended all evictions until 60 days AFTER the COVID emergency has ended. The eviction moratorium does not halt court proceedings; instead, it prevents lockouts and removals.

Unless tenants are violent or endangering other tenants, they cannot be locked out of their homes. Neither can a landlord turn off essential services such as water or, electricity. If this happens, Legal Services advises a call to the police.

If a tenant receives an eviction notice to leave by a certain date in the future, he or she does not have to move out. The rent still is due, and should be paid if possible. If not paid, a landlord can file an action against the tenant in court.

The New Jersey Supreme Court controls court proceedings related to eviction and has suspended them for now. This means that your landlord cannot take you to court at this time, but will do so once the courts reopen.

There will be a day of reckoning before a judge, but courts are backlogged and a delay is inevitable. According to Saltzman, there are approximately 1,000 such filings in Morris County and 50,000 throughout New Jersey.

How will people be able to pay back what they owe? One way is through new legislation that enables tenants to use security deposits to offset their rent. Another possibility is to apply to the New Jersey Department of Community Affairs (DCA) for assistance.

“The Federal Government has given DCA $100 million, and we are hopeful that some folks can make an application for that,” said Saltzman.

Go to nj.gov/dca or call (609) 292-6420 for help with foreclosure counseling, affordable housing, energy assistance and more. If people make some partial payment, they may be able to resolve their situations, said Saltzman.

He acknowledged, however, that those who have been unable to pay for a long time may have few good options.

“They may want to take what funds they have and save them, and be able to move on to the next place. I know I always get the same reaction from folks when I say that, but sometimes it’s really a legitimate issue that folks have to deal with,” Saltzman said.

The Zoom session was hosted by New Jersey Together’s local branch, Morris Area Together, a coalition of more than 15 Morris Area religious congregations and non-profits; and by the Morristown-based Wind of the Spirit Immigrant Resource Center.

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