On March 19, 2020 (the “Effective Date”), Governor Murphy’s Executive Order #106 (the “Order”) stayed the removal of individuals from residential properties through the eviction or foreclosure processes.
The following are some of the key points of the Order:
- Pursuant to the Order, “sheriffs, court officers, and their agents shall refrain from acting to remove individuals from residential properties through the eviction or foreclosure processes.”
- The Order applies specifically to residential evictions and foreclosures – it does not apply to commercial evictions or foreclosures.
- In defining “residential property,” the Order specifically excludes: “hotel, motel, or other guest house, or part thereof, rented to a transient guest or seasonal tenant, or a residential health care facility.”
- The Order does not restrict a landlord from filing an eviction. Further, the Order does not prevent a court from issuing an order of possession, although the New Jersey Supreme Court has suspended the landlord/tenant calendar through April 26, 2020. Rather the Order is limited to the “enforcement of all judgments for possession, warrants of removal and writs of possession.”
- The Order does allow a court to make an exception “where the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice.”
- The Order does not serve as any basis for a tenant to withhold rent. In fact, the Order specifically states: “This Order does not affect any schedule of rent that is due.”
- The Order is in effect until two (2) months following the end of the State of Emergency, unless revoked earlier by the Governor.
If you have any questions regarding Executive Order #106, you can reach the BMK real estate team via our main office phone, (973) 376-0909, using the extensions below or accessing the mobile telephone numbers and email addresses provided:
Keith Marlowe
Office Extension: 1120
Mobile: (973) 568-7559
kmarlowe@bmk-law.com
Richard Schkolnick
Office Extension: 1121
Mobile: (917) 514-8043
rschkolnick@bmk-law.com
Michael Greenberg
Office Extension: 1119
Mobile: (917) 716-9302,
mgreenberg@bmk-law.com
A copy of Executive Order #106 can be found at: https://nj.gov/infobank/eo/056murphy/pdf/EO-106.pdf
This article is for informational purposes only and is not intended to constitute, and does not constitute, legal advice.