New Jersey Courts Try To Settle Cases As Eviction Backlog Swells

NEW JERSEY — Facing a gargantuan backlog of potential evictions and home renter disputes amid the coronavirus pandemic, New Jersey’s state courts are forcing tenants and landlords to try and solve their differences without a trial.

On Thursday, the New Jersey Supreme Court ordered courts statewide to hold mandatory settlement conferences for all active landlord-tenant cases.

The conferences have been being held on a voluntary basis statewide since the summer of 2020, however, participation has been limited. There are currently almost 14,000 landlord tenant cases pending for more than one year. Tens of thousands of additional cases also involve “prolonged periods of nonpayment of rent,” administrators said.

Court administrators offered more details about the order on Friday:

“Parties from both sides will be required to appear at the mandatory settlement conference. If the landlord does not appear, the case will be dismissed. If the tenant does not appear, and the landlord establishes entitlement to relief, the court will enter a default judgment.”

Residential evictions will not proceed until a moratorium signed by Gov. Phil Murphy is lifted, court administrators added. New Jersey’s ban on evictions is set to expire on Jan. 1, 2022.

• See related article: NJ Courts Prepare For Onslaught Of Coronavirus Eviction Cases

The settlement conferences are expected to begin in July. Priority will go to the oldest pending cases with the most unpaid rent and any newly filed cases where more than 12 months’ rent is owed, administrators said.

If no settlement is reached, a trial will be scheduled. Those trials would possibly begin in September, court officials said.

The settlement conferences will mostly be held in a remote format, and courts will provide on-site technology resources to people who need them. Judges will have the discretion to schedule mandatory in-person conferences based on the individual circumstances of a case. Court staff will have information available for the parties regarding rental assistance programs in each county.

The New Jersey Supreme Court order reads:

“In response to the COVID-19 public health emergency, the Supreme Court authorized the temporary suspension of landlord tenant trials since March 16, 2020, subject to narrow exceptions as set forth in the Court’s July 14, 2020 and February 5, 2021 Orders. The Court in its June 2, 2021 Order authorized the resumption of commercial landlord tenant trials.

“Separate from the Court’s action, Executive Order 106 (issued March 19, 2020) suspended residential evictions for two months after the conclusion of the COVID-19 public health emergency or state of emergency, subject to narrow exceptions “in the interest of justice.” Pursuant to Executive Order 244 (issued June 4, 2021) and L. 2021 c.103, the state of the emergency continues, and the provisions of EO 106 may continue through December 31, 2021. In residential matters, courts throughout New Jersey are conducting trials in limited emergency circumstances and consistent with the general moratorium on residential evictions. The Judiciary now is preparing to resume trials in residential landlord tenant cases. Residential evictions, however, will not occur until authorized by the Executive Branch

“The Court in its June 11, 2020 Fourth Omnibus Order authorized courts to schedule conferences in landlord tenant cases, including to conduct settlement negotiations in an effort to resolve cases without trial. Such settlement conferences have been scheduled and conducted on a voluntary basis statewide.

“The Court in its September 30, 2020 Order relaxed and supplemented Rule 1:40-12(a)(4) (“Special Civil Part Settlors”) so as to expand the pool of settlors to conduct landlord tenant settlement conferences.

“Voluntary participation in settlement efforts has been limited. As a result, almost 14,000 landlord tenant cases have been pending for more than one year. Tens of thousands of additional cases also involve prolonged periods of nonpayment of rent.”

Send local news tips and correction requests to eric.kiefer@patch.com

Sign up for Patch email newsletters. Learn more about posting announcements or events to your local Patch site.