Preventing illegal evictions: Attorney General hosting town hall, March 30

From the state Attorney General’s office:

Attorney General Grewal and Lt. Governor Oliver Announce New
Measures to Protect Tenants from Illegal Evictions

They will host virtual Tenant Protection Town Hall at 6 p.m. TODAY with law enforcement leaders, government representatives, and tenant advocates

Register Here for Tenant Protection Town Hall

TRENTON – Attorney General Gurbir S. Grewal and Lt. Governor Sheila Y. Oliver, who serves as Commissioner of the New Jersey Department of Community Affairs (DCA), on Tuesday announced new measures to protect tenants from illegal evictions, which have put families at risk during the COVID-19 pandemic.

They will host a virtual town hall today at 6 p.m. to call attention to this critical issue, raise awareness about tenant rights, and discuss the new efforts to protect tenants.

In March 2020, Governor Phil Murphy issued Executive Order 106 halting execution of eviction orders until the end of the health emergency. That order and a federal eviction moratorium issued by the Centers for Disease Control and Prevention are intended to ensure that individuals and families struggling financially due to the COVID crisis do not face housing insecurity or homelessness.

However, some landlords, unable to evict tenants lawfully, have taken matters into their own hands, resorting to illegal lockouts or shutting off utilities to force tenants from their homes.

Responding to reports from tenants and a call for action from advocates, particularly Volunteer Lawyers for Justice, Attorney General Grewal today issued a statewide directive to all law enforcement agencies about their important role in preventing illegal lockouts and restoring tenants to their homes when such illegal actions occur.

AG Directive 2021-2 provides enhanced guidance to police regarding their duties under a state law that makes it a crime for landlords and others to evict tenants through illegal lockouts or other means, since only an officer of the court can execute an eviction order.

To further assist with preventing evictions, DCA awarded $1.25 million late last year to the nonprofit Housing and Community Development Network of New Jersey to develop and implement outreach strategies to raise awareness of tenant rights, the eviction process, and eviction prevention resources across the state.

And this month, DCA launched the second phase of the COVID-19 Emergency Rental Assistance Program, which has allocated $353 million to provide up to 12 months of rental assistance to low- and moderate-income households that have had a substantial reduction in income as a result of the pandemic.

The program, which is aimed at preventing a wave of evictions after the moratorium is lifted, is actively accepting applications. And since many tenants struggling to pay their rent are also unable to pay their utilities, DCA assists residents with their utility bills through the Low Income Home Energy Assistance (LIHEAP) and Universal Service Fund (USF) Programs. More information about these assistance programs can be found on the DCA website.

“One of the first executive orders I issued when the COVID-19 pandemic began was a moratorium on evictions, because with all of the losses and hardships our residents are facing, the last thing they need to worry about is having a secure home for themselves and their families,” said Governor Phil Murphy.

“The guidance issued today by Attorney General Grewal will help our police officers understand their role in ensuring housing security, and the outreach efforts of Lt. Gov. Oliver and the AG will help tenants know and protect their rights. Of course I also want to thank all of the tenant advocates and assure them that their voices are being heard. We are in this together.”

“Even though the moratorium on evictions remains in place, we are aware that people are still being locked out of their rental units because they’ve not been able to keep up with their rent and we want everyone to know that this lock out activity – whether it is a renter or a homeowner – is illegal and should be reported to local authorities,” said Lt. Gov. Sheila Oliver, who serves as DCA Commissioner.

“We also know that the eviction moratorium will not and cannot last forever, and we are proactively preparing for the aftermath of this pandemic by providing rental assistance and anti-eviction services to create a safety net for those who may be facing eviction in the future.”

“The actions of landlords who have locked out tenants or cut their utilities during this global health emergency are not just illegal— they’re inhumane,” said Attorney General Grewal.

“We have strong protections in place to prevent tenants from losing their homes through illegal evictions, but they work only if tenants know their rights and police know their responsibilities. That’s why I’m joining with Lt. Gov. Oliver, her department, law enforcement, and advocates to raise awareness about tenant rights.

“It’s also why I issued a new directive to law enforcement today so all officers will know their duties with regard to the rules and procedures we have to stop illegal evictions. With all of the financial hardships and challenges families are facing because of COVID, we’re determined to ensure that they need not fear the loss of a secure home.”

“This directive provides clear and comprehensive guidance that will greatly assist police officers when responding to any reported illegal eviction and will help ensure that tenants and their families are not being illegally locked out of their residences,” said Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police.

“The New Jersey State Police will continue to work with our partners to raise awareness about tenant rights, because no one should have to suffer the indignity of being illegally forced out of their homes.”

“The section of our criminal code addressing illegal evictions imposes requirements on police officers of a nature not typically found in other criminal statutes, including a duty to warn the offender before filing the criminal charge and a duty to assist in restoring the victim to occupation of the property,” said Director Veronica Allende of the Division of Criminal Justice. 

“The clear guidance provided in the Attorney General’s new directive will help police officers to properly handle these situations, which in turn will ensure tenants are protected as intended under the law.”

“COVID-19 has exacerbated longstanding inequalities in access to stable housing,” said Aaron Scherzer, Chief of Strategic Initiatives and Enforcement for the Division on Civil Rights.

“The New Jersey Law Against Discrimination makes it unlawful for a landlord to threaten to evict, lock out, or cut the utilities of a tenant because of their race, religion, or national origin, or because the tenant receives government rental assistance, including COVID-19 Emergency Rental Assistance. Anyone who is being discriminated against can file a complaint with DCR.”

“Illegal lockouts have become a growing problem for far too many tenants across the state. In addition to being illegal, this practice is dangerous, especially in the middle of a global health emergency,” said Jessica Kitson, senior managing attorney for Volunteer Lawyers for Justice.

“I am deeply grateful to Attorney General Grewal for taking the necessary steps to address the problem and ensure that tenants facing an illegal lockout receive the help they need from law enforcement. I also want to thank Lt. Gov. Oliver and her department for all that they do on behalf of tenants.”

“Police officers are often called on to help people during their most difficult moments in life,” said Voorhees Police Chief Louis Bordi, president of the New Jersey State Association of Chiefs of Police (NJSACOP).

“An eviction from your home well may be one of those moments, let alone an illegal eviction. As always, New Jersey police officers stand ready to protect the rights of our residents provided by the law. The Attorney General’s new policy for police officers, when dealing with illegal evictions, will only enhance the services provided by our front line officers when people need us the most.”

The law making illegal evictions a crime, N.J.S.A. 2C:33-11.1, specifies that a person commits a disorderly persons offense if, after being warned by a law enforcement officer or other public official, they (1) take possession of a residential property or effectuate a forcible entry or detainer of the property without lawful execution of a warrant for possession, or (2) after such an illegal action, they refuse to restore the tenant immediately to possession of the residence. If the person was convicted of the same offense within the past five years, it is upgraded to a fourth-degree crime.

Directive 2021-2 outlines a four-step process that law enforcement officers must follow when responding to a report of an illegal eviction:

Determine Facts Regarding Eviction or Threatened Eviction. In seeking answers to these questions, officers should ascertain whether an illegal eviction has occurred and not provide legal advice to tenants or others parties. If officers believe that a person requires legal advice about their housing status but cannot afford private counsel, officers should encourage the individual to contact Legal Services of New Jersey at 888-LSNJ-LAW.

Issue Warnings to Responsible Persons. If a violation has occurred or appears likely to occur, then the officers should instruct the relevant persons to immediately cease their illegal conduct and warn them that failure to do so will result in charges.

Ensure Any Illegally Evicted Occupants Are Immediately Restored to the Premises. Officers should ensure the evicting party immediately allows the occupants to reenter and reoccupy the premises. Because the law says that reentry should occur “without delay,” officers should ensure the process take no longer than is absolutely necessary to complete.

If Warnings Goes Unheeded, Issue Complaint-Summons. If officers issue a warning to an individual during Step 2 and the person nonetheless violates the law, then the officers should promptly charge that person by complaint-summons. As soon as the warned individual indicates their refusal to comply with the law, the officer may issue the complaint-summons. If the defendant has been previously convicted of a violation during the past five years, then the violation should be charged as a fourth-degree crime.
Directive 2021-2 can be found here.

A two-page summary describing the role of law enforcement officers in preventing illegal evictions is posted here.

The directive will be disseminated to every law enforcement officer and prosecutor in New Jersey. In addition, law enforcement agencies are required to reinforce the directive during roll calls, academy service training, and continuing education programs to ensure that all officers and prosecutors are educated about their responsibilities under N.J.S.A. 33-11.1.

The Department of Community Affairs has posted a reference guide on the rights and responsibilities of residential landlords and tenants, which is available here.