A. Cases in which N.J.S.A. 52:27D-287.9 was properly applied

should not, therefore, be taken as a reflection of that county’s overall treatment of landlord-tenant cases. The accounts below are anecdotal and non-comprehensive.

As the vast majority of tenants appear without representation and, except in a few counties, virtual proceedings are not accessible to court observers, we do not have evidence at this time of how unrepresented tenants are faring in eviction proceedings. Nevertheless, the cases described here illustrate misapplication of the new eviction prevention law and inconsistency among counties throughout the State.

A. Cases in which N.J.S.A. 52:27D-287.9 was properly applied

By way of example, attorneys representing tenants have reported proper application of the statute in the following counties and cases:

Mercer County: An unrepresented tenant consented to a settlement agreeing to vacate the premises within a couple of weeks. After the date to move out had passed, the tenant requested assistance from a legal services provider. As the tenant already had a pending rental assistance application, counsel assisted the tenant in filing a certification for eviction protection. Upon receipt of the certification, the clerk administratively dismissed the case.

Morris County: • Complaint was filed for nonpayment of rent that included the covered period. Judgment of Possession was entered and the Warrant of Removal was issued. The pro se tenant filed a post-judgment Order to Show Cause for relief. The court entered an Order for Orderly Removal. Thereafter, the tenant filed a qualifying certification, and the matter was dismissed. • In another case, the tenant, while waiting for tardy landlord counsel to appear at the case management conference, completed and filed a qualifying certification. The case was dismissed during the conference.

Union County: A legal services provider reported that they had not experienced misapplication of the law in Union County. The provider noted, however, that how quickly a case is dismissed after a certification is filed varies, with some dismissals occurring within one business day and others taking several days.