By Bruce Gudin, Esq. Of Levy, Ehrlich & Petriello, P.C.

Since the New Jersey Supreme Court grappled with the "Harris" decision in 1999, (Community Realty Management, Inc., for Wrightstown Arms Apartments v. Nedra Harris) the "Supremes" directed that a committee be formed to address (what they perceived as) a glaring deficiency in the Landlord/ Tenant procedures employed throughout the courts in the State. The Harris case specifically questioned the adequacy of procedures in place to protect pro se tenants, and considered whether the trial court abused its discretion in failing to vacate a consent judgment for possession pursuant to Morristown v. Little, a 1997 New Jersey Supreme Court case. The court answered these questions in the negative and found that adequate procedures were not in place to protect an un-represented tenant, where, in that case, Ms. Harris claimed to "not know what she was signing" after she executed a Stipulation of Settlement in court that provided she would vacate the rental premises. Now, commencing November 1, 2001, The Supreme Court ORDERED a new set of "Rules" and procedures that must be followed by landlords seeking the eviction of tenants. The following Rules Governing the Courts of the State of New Jersey have been changed or added:

Rule 6:2-2

Rule 6:5-2

Rule 6:6-3

Rule 6:6-4 (new)

Rule 6:6-5 (former 6:6-4)

Rule 6:6-6 (former 6:6-5)

Rule 6:7-1

Appendix XI-S (new)

Appendix XI-T (new)

Appendix XI-U (new)

Appendix XI-V (new)

Appendix XI-W (new)

6:2-2. Process: Filing and Issuance

     (a) Delivery to Clerk; Issuance.
The plaintiff shall, when filing the complaint, furnish the clerk in tenancy actions with the summons to be issued and in all other actions with page 2 of the summons as set forth in Appendices XI-A(l) and (2) to these Rules, and two copies with the complaint annexed for each defendant, together with two additional copies for each incompetent defendant. The clerk shall issue the summons except as otherwise provided by law and, in tenancy actions, shall attach to the summons and complaint for service on each defendant English and Spanish copies of the announcement contained in Appendix XI-S to these rules. Original process shall issue out of the court and shall require an answer or an appearance at a specific time.

6:5-2. Notice of Trial. Assignment for Trial

     (b) Landlord and Tenant Actions. Summary actions between landlord and tenant shall be placed on a separate list on the calendar and shall be heard on the return day unless adjourned by the court, or by consent with the approval of the court. At the beginning of the calendar call and again at the end of the calendar call for latecomers, the judge presiding at the call shall provide instructions substantially conforming with the announcement contained in Appendix XI-S to these rules. Written copies of that announcement also shall be available to litigants in the courtroom. A videotape, prepared either by the Administrative Office of the Courts or by the vicinage, may be used for the second reading when the judge deems its use necessary. In those counties having a significant Spanish-speaking population, the announcement also shall be given in Spanish both orally and in written, the oral presentation may be given by videotape or other audio-visual device or by the judge presiding at the call.

6:6-3. Judgment by Default

      (b) Entry by the Clerk. Judgment for Possession. In summary actions between landlord and tenant for the recovery of premises, judgment for possession may be entered by the clerk on affidavit if the defendant fails to appear, plead or otherwise defend, and is not a minor or incompetent person, except where the landlord acquired title from the tenant or has given the tenant an option to purchase the property. The affidavit must state the facts establishing the jurisdictional good cause for eviction required by the applicable statute and that the charges and fees, claimed to be due as rent, other than the base rent, are permitted to be charged as rent by the lease and by applicable federal, state, and local law. If the landlord is represented by an attorney, that attorney must also submit a certification that the charges and fees claimed to be due as rent, other than the base rent are permitted to be charged as rent by the lease and by applicable federal, state, and local law. If the basis for eviction requires service of a notice to quit, the landlord's affidavit must have a copy of all required notices attached, and the affidavit must state that the notices were served as required by law and that the facts alleged in the notices are true.

If the landlord falls to obtain or make written application for the entry of a judgment for possession within 30 days after the entry of default, such judgment shall not be entered thereafter except on application to the court and written notice to the tenant served at least 7 days prior thereto by simultaneously mailing same by both certified and ordinary mail or in the manner prescribed for service of process in landlord/tenant actions by R. 6:2-3(b); provided, however, that the 30 day period may be extended by court order or written agreement executed by the parties subsequent to the entry of default and filed with the clerk.

6:6-4. Consent Judgments for Possession and Stipulations of Settlement

     Notwithstanding any consent by a tenant, no warrant of removal may be issued or executed unless in compliance with all provisions of law.

     (a) Entry by the Court. A stipulation of settlement or an agreement that provides for entry of a judgment for possession must be written, signed by the parties and presented to a judge for approval on the day of trial or as the judge otherwise directs, but if it requires the tenant to both pay rent and vacate the premises, the judge shall review it in open court. It must also be accompanied by the affidavit of the landlord and the certification of the landlord's attorney required by R. 6:6-3(b).

     (b) When the tenant is represented by an attorney and the attorney has signed the agreement, the clerk may enter judgment for possession upon receipt of the signed consent of the parties and the affidavit of the landlord and the certification of the landlord's attorney specified in R. 6:6-3(b).

6:6-5. [6:6-4.] Judgment After Trial: Costs

Upon receipt of the verdict of a jury, or upon determination by a judge sitting without a jury, the clerk shall note the judgment on the jacket and it shall take effect forthwith. The clerk shall thereupon enter the judgment and tax the costs.

6:6-6. [6:6-5.] Issuance by Clerk of Certificate of Satisfaction of Judgment

In cases where a judgment debtor has fully satisfied a judgment, but the clerk has not entered satisfaction on the record pursuant to R. 4:48-2(a) because either the party receiving full satisfaction has not given a warrant for satisfaction or no execution issued on the judgment has been returned fully paid, the judgment debtor may make written application to the clerk for the issuance of a certificate of satisfaction of judgment. Upon receipt of such written application along with proof of payment, the clerk shall send to the attorney for the judgment creditor or the judgment creditor, if pro se, a letter setting forth that the judgment debtor has filed a written application seeking the issuance of a certificate of satisfaction of judgment and that said certificate will be issued within 10 days, unless written objection is received by the clerk with a copy sent to the judgment debtor. The letter sent by the clerk shall include a copy of the written application and proof of payment filed by the judgment debtor. If no objection is received within 10 days from the date of the letter, the clerk shall issue the certificate of satisfaction of judgment to the judgment debtor and enter satisfaction on the record. If an objection is received, the clerk shall set the matter down for a hearing and notify all parties as to the date of the hearing.

6:7-1

c (d) Enforcement of Consent Judgments and Stipulations of Settlement in Tenancy Actions. A request to enforce a settlement agreement or consent judgment in a tenancy action shall be by certification. It must state the facts upon which the claim of breach is based and the desired relief. The certification must be filed with the clerk and a copy must be sent to the adverse party and the adverse party's attorney, if any, by ordinary mail or alternatively, if directed to a tenant, by posting on the door of the premises.

APPENDIX XI-S

Landlord/ Tenant Pre-Calendar Call Instructions

Preamble

The judge presiding at the call of the landlord/tenant trial list on the day of the trial will provide instructions to the tenants and landlords who have come to court for a trial. The instructions are set forth below. A written copy of the instructions provided by the judge will be made available to you at the calendar call. These instructions need not be recited verbatim. However, what is said must contain and explain in plain language all of the points set forth in these instructions and may be supplemented by local information. A Spanish version of these instructions will be given via a videotape recording and in writing in those counties with a significant Spanish speaking population.

Instructions

Si usted necessita un interprete porque usted habla solamente Espanol, por favor, ponga se de pie.

We are about to call a list of cases where the landlord is suing to evict, that is, lock out, a tenant. After the list has been called, you will have a chance to ask questions. Written copies of the instructions I am about to give are available.

1. The Calendar Call

A.

When we call each case, please identify yourself. We will mark a case "READY" when both the landlord and the tenant are here. We will mark a case "DEFAULT" when the landlord is here but the tenant isn't. If a default is entered, then the landlord must file an affidavit or certification, which must include the facts necessary to get a judgment for possession and a statement that all charges and fees are permitted by law and the lease. The landlord's attorney, if there is one, must also file a certification that the charges and fees, including attorney fees, are permitted by law and the lease. The judgment for possession allows a landlord to have a tenant evicted by a Special Civil Part Officer. We will mark a case "DISMISSED" if the landlord is not here. Tenants should identify themselves even if the landlord is not here.

B.

Everyone must stay here until you get additional instructions and permission to leave.

2. Settlements

Now I want to talk to you about settlements. After we have called the list of cases, we suggest that landlords and tenants talk to each other to try to settle your cases. Here are some important points. You do not have to settle your case, and you have the right to a trial. You should settle only if the terms are agreeable to you. A settlement must be voluntary to both parties. If you are able to agree on a settlement, please let the staff in this courtroom know and you will be given a settlement agreement form, the landlord's certification and the certification for the landlord's attorney. I advise the parties that they are not limited to the contents of the settlement forms. You may change them as desired. Complete the forms, date and sign them, and give them back to court staff. You will receive a copy for your own records. Make sure that you understand the words in the settlement because if you agreed to entry of a judgment for possession and don't comply with the terms of the settlement, you will be evicted. Any agreement that says a judgment for possession will or may be entered must be approved by me or another judge.

3. Waiting for Trial

If you are not able to settle your case, you will have to wait until a judge is available to hear your case. We expect to reach all cases today. However, if your case cannot be completed today, then the tenant may have to deposit with the clerk of the court the amount of rent to be determined by the court, no later than 4:30 p.m. today, in cash or money order or bank cashiers check made payable to the Clerk of the Special Civil Part, rather than to the landlord. If it is deposited, the Clerk will reschedule the case with a new trial date. If the rent is not deposited today, a Judgment for Possession will be entered in favor of the landlord. That means that a landlord will be able to have a tenant evicted by a Special Civil Part Officer. A landlord cannot lock out a tenant by himself or herself; a Special Civil Part Officer must be used to evict a tenant.

4. Non-Payment Cases

Introduction. The following points relate to a landlord's claim that a tenant owes rent:

A.

Dismissal Upon Payment or Deposit. First, if the landlord claims that the tenant owes rent, it is still not too late to pay the rent that is due and have the case dismissed. If the tenant pays the rent that is due plus costs of court by 4:30 p.m. today, the case will be dismissed. The tenant may pay the rent plus costs to the landlord, or to the clerk of the court by cash, money order, or bank cashier's check. If a tenant disagrees with the landlord on the amount of the rent that is owed, a tenant has the right to a trial so that a judge can decide how much rent is owed. After the judge decides how much rent is owed, the tenant can pay the rent and the case will be dismissed.

B.

Items Constituting Rent. A tenant does not have to pay for attorney's fees, late fees or other charges to avoid eviction unless there is a written lease that calls these items "additional rent." Even if the lease does say that, the amount really due as rent may be limited by rent control, or if there is public assistance, the rent may be limited by federal law. For example, if the tenant gets Section 8 assistance, the landlord cannot include a late charge to determine the amount that the tenant owes.

C.

Limitation on Court's Powers. If the only issue is that a tenant who owes rent wants more time to pay it, or to pay it in installments but the landlord does not agree, then I will have to enter a judgment for possession; I have no right to make a landlord wait for the rent or to take it in installments. A judgment for possession is the court order giving the landlord the right to possession of the premises. However, the landlord cannot actually evict the tenant until the warrant of removal is issued.

5. Eviction Procedures

A.

Issuance of Warrant. A judgment for possession gives a landlord the right to request a warrant to have a tenant evicted by a Special Civil Part Officer. That warrant may be issued no sooner that three business days after entry of the judgment for possession.

B.

Service of the Warrant. The warrant will have to be served by the Officer on the tenant, and a residential tenant may be evicted no sooner than three business days after it has been served, but not on a weekend or holiday. To put it very simply, a residential tenant may not be evicted any earlier than 8 days plus holidays, after a judgment for possession has been entered.

6. Stopping an Eviction After a Judgment for Possession

A.

By Agreement. After a judgment for possession has been entered, a tenant may still try to make an agreement with a landlord to stop an eviction. If the landlord does agree, make sure that the agreement is in writing and that a copy is filed with the court.

B.

By Going to the Court. If the landlord does not agree, then, even after a warrant of removal has been served on a tenant or after the tenant has been removed, the tenant may apply to the court, as soon as possible, for relief to stop the eviction or put the tenant back, including:

(1)

An Order to Show Cause [based on Court Rule 4:50-1] requesting that the judgment for possession be reversed and the complaint dismissed, if the tenant can show good reasons.

(2)

A delay [stay] of the eviction based on the unavailability of other dwelling accommodations [based on New Jersey Statute 2A:42-10.1 or 2A:42-10.6]. That delay cannot be for more than 6 months and must be applied for no later than 10 days after the eviction, but the tenant will have to pay all rent and proper costs.

(3)

An application for orderly removal requesting more time to move out if there is a good reason.

A court may grant or deny these applications, and if one of these applications is granted, the court may also establish certain conditions.

7. Jurisdictional Instruction

Landlords who want to evict a tenant when they either got title from the tenant or gave the tenant an option to purchase, must stay here to testify in court even if the tenant isn't here. This does not apply to most eviction cases.

8. Services/Facilities Available

We have a list of agencies that may assist you with rent, temporary shelter or legal services. A list of these agencies or legal services programs, and a copy of this announcement, is available, and you should get a copy if you do not have one. [Identify any welfare representatives who are present in court.]

PLEASE WAIT UNTIL THE LIST OF CASES RAS BEEN COMPLETED

AND ADDITIONAL INSTRUCTIONS RAVE BEEN GIVEN

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[Note: Appendix XI-S adopted July 18, 2001 to be effective November 1, 2001.1