Legally Speaking by Cassandra Savoy, Esq. OP/ED
The Supreme Court of the State of New Jersey is about to overhaul the Landlord Tenant Court!
While Covid-19 exposed the deficiencies in the system, and the unparalleled emergency triggered the suspension of residential evictions and the suspension of all landlord tenant trials, the system was already sorely in need of an overhaul. In March 2021, a special committee established by the Court’s Chief Justice, Stuart Rabner, issued a report making eighteen recommendations aimed at improving the system. Some of the recommendations are designed to streamline the landlord tenant court process and others will likely have a greater impact of tenants.
Housing policy in New Jersey is tenant-friendly, and the new recommendations support that policy: “Housing stability is one pillar of our society.” The Legislature holds that stability in housing benefits everyone. Even a temporary loss of housing can trigger other dire consequences including, but certainly not limited to, loss of employment, interruption in education, strained or broken connections with family, friends and support systems. Property owners rely on steady rent payments to meet debt, pay property taxes and maintain and operate the buildings.
Government indirectly relies on rent payments from tenant to landlord to fund public operations and maintain communities. At least from a policy standpoint, New Jersey’s Anti-Eviction Act seems secure. Consequently, the goal of the Judiciary neutrality, transparency, and access so as to safeguard the rights of all parties especially those who navigate the court process without a lawyer. The courts must maintain efficiency and bolster procedural supports so that all attorneys and parties have options to resolve matters via settlement or judicial determination.
One of the most significant recommendations is that landlords may be required to submit at the beginning of the process his legal rationale for filing the complaint. That might require submitting leases and perhaps payment histories along with the complaint. Currently, Landlord tenant complaints are reviewed only for sufficiency, that is to say, reviewed to see if the Complaint is signed; whether representation by an attorney is required, whether payment of appropriate filing fee has been made.
The recommended review would cover more substantive areas with respect to legal sufficiency such as statutory jurisdiction so that problems with complaints are identified and remedied as early as possible. This early, enhanced review would not prevent parties from raising issues – including as to jurisdiction or other potential factual disputes – before or at trial. To the renter this might mean that Landlords will require a new signature on a renewal rather than the tenant’s agreement to same terms and the payment of an increased amount.
Landlords will want to make their positions rock-solid so as not to be knocked out of court before they get started. You can rest assured that if more is required of the landlord, the landlord will pass that along to the tenant. To the landlords of smaller rentals, two-, three-family units, it would mean actually keeping good records, having signed leases and other paperwork that is often tedious for them to maintain, but should be required.
I think the most significant recommendation advises that the Judiciary should expand opportunities for resolving landlord tenant cases before trial by establishing a Landlord Tenant Legal Specialist (LTLS) Program. The program would include trained legal staff to conduct required case management conferences, confidential settlement conferences, and other administrative functions that support judicial functions.
I, for one, am looking forward to seeing what changes are actually implemented. From my review, all of the recommendations will improve how citizens are served in the court.
