New AG Directive Protecting Tenants from Illegal Evictions
April 3, 2021 - Posted by Ed Esposito
On March 30, 2021, the New Jersey Attorney General issued a directive protecting tenants from illegal evictions. This directive was in response to the increased number of complaints and unlawful actions by landlords since the eviction moratorium has been in place as a result of the COVID pandemic. The law regarding unlawful evictions and the role of law enforcement in preventing illegal evictions dates back to 2006 when 2C:33-11.1 was signed into law. The new directive also supersedes the former AG policy from 2009 concerning the unlawful eviction law.
Under 2C:33-11.1, a person who has been warned commits an offense if they engage in specific conduct by unlawfully evicting a tenant including the use of violence, the changing of locks, or the shutting off of utilities. A person who is warned also commits an offense if they refuse to restore immediately an occupant who was displaced unlawfully. It is important to note that this statute also places specific requirements to be followed by law enforcement officers, which are not usually contained in other laws.
The new Directive contains a four-step process that officers are required to follow when responding to a report of an illegal eviction.
Step 1: When officers arrive at the scene, they should attempt to determine the basic facts regarding the eviction or threatened eviction.
Step 2: If the officers identify potential violations of 2C:33-11.1, they should promptly issue warnings to the responsible parties.
Step 3: If the officers determine that a tenant was evicted illegally, they should ensure that the tenant is immediately restored to their residence.
Step 4: If the warned individuals refuse to comply with requirements of 2C:33-11.1, the officers should promptly charge those individuals by complaint-summons.
On March 30, 2021, the New Jersey Attorney General issued a directive protecting tenants from illegal evictions. This directive was in response to the increased number of complaints and unlawful actions by landlords since the eviction moratorium has been in place as a result of the COVID pandemic. The law regarding unlawful evictions and the role of law enforcement in preventing illegal evictions dates back to 2006 when 2C:33-11.1 was signed into law. The new directive also supersedes the former AG policy from 2009 concerning the unlawful eviction law.
Under 2C:33-11.1, a person who has been warned commits an offense if they engage in specific conduct by unlawfully evicting a tenant including the use of violence, the changing of locks, or the shutting off of utilities. A person who is warned also commits an offense if they refuse to restore immediately an occupant who was displaced unlawfully. It is important to note that this statute also places specific requirements to be followed by law enforcement officers, which are not usually contained in other laws.
The new Directive contains a four-step process that officers are required to follow when responding to a report of an illegal eviction.
Step 1: When officers arrive at the scene, they should attempt to determine the basic facts regarding the eviction or threatened eviction.
Step 2: If the officers identify potential violations of 2C:33-11.1, they should promptly issue warnings to the responsible parties.
Step 3: If the officers determine that a tenant was evicted illegally, they should ensure that the tenant is immediately restored to their residence.
Step 4: If the warned individuals refuse to comply with requirements of 2C:33-11.1, the officers should promptly charge those individuals by complaint-summons.