II. Landlord-Tenant Court Reform

While collecting information on the progress of eviction protection under N.J.S.A. 52:27D-287.7 to 287.9, we noted a number of cases in which the judicial landlord-tenant reforms implemented pursuant to the Administrative Determinations by the Supreme Court on the Report and Recommendations of the Judiciary Special Committee on Landlord Tenant (July 14, 2021) (Administrative Determinations) were not applied as intended. This preliminary report is based on a limited number of cases, nonetheless, we believe that it is critical that we raise these issues now given the serious risk to tenants who are being evicted when they should instead be protected by the reforms developed by the New Jersey Supreme Court. We hope the Court will find this information helpful as it analyzes the implementation of landlord-tenant reforms and considers potential revisions to these reforms.

The work of the New Jersey Housing Justice Project has been guided by the Supreme Court’s Action Plan for Ensuring Equal Justice. In its 2020 Report, the Court stated: “The New Jersey Judiciary is committed to ensuring access and fairness for everyone, and to seeking out and eliminating barriers to equality wherever they exist.” The 2020 One-Year Action Plan included a pledge to improve the landlord-tenant process and implement a system that promotes fairness and removes barriers by providing plain language information to tenants and landlords about claims and defenses and engaging judges in focused review. New Jersey Judiciary -- Commitment to Eliminating Barriers to Equal Justice: Immediate Action Items and Ongoing Efforts (July 16, 2020). 10

In the 2021 Update on its Action Plan for Ensuring Equal Justice, the Court noted:

The 2020 Action Plan introduced nine areas in which the Court sought to make equity-based improvements within one year. Consistent with the Court’s pledge, the Judiciary has advanced those action items. In addition, members of the court community have embraced the opportunity to examine internal processes, expand collaboration with stakeholders, and enhance court procedures and services to address both identified and potential gaps in equity. These ongoing interrelated efforts are designed to support greater access, fairness, and equity for all who seek justice through the New Jersey courts,

10 Available at https://www.njcourts.gov/public/assets/supremecoutactionplan.pdf.

especially for individuals and communities who throughout history have been underrepresented and as a result have experienced less than true equality under the law. Taken together, they are intended to ensure that our system of justice provides expanded options for individuals to connect with court services, understandable processes for navigating court systems, meaningful opportunities to be heard, and consistent procedures that support fair and unbiased outcomes.

New Jersey Supreme Court Action Plan for Ensuring Equal Justice: Update On 2020 Action Items & 2021 Initiatives.

In early 2021, the Court formed a Judiciary Special Committee on Landlord Tenant, which produced a comprehensive analysis of the residential eviction process in New Jersey and made recommendations for how that process could be reformed to enhance fairness and equity. Maintaining Our Communities: Report of the Judiciary Special Committee on Landlord Tenant 15-17 (submitted by Glenn A. Grant, J.A.D., Acting Administrative Director of the Courts; Chair, Special Committee on Landlord Tenant, April 2021). 11 The Supreme Court sought comments on the recommendations of the Special Committee from a wide range of stakeholders before implementing changes in the court processes.

The Administrative Determinations by the Supreme Court on the Report and Recommendations of the Judiciary Special Committee on Landlord Tenant (July 14, 2021) (Administrative Determinations) established a new process for residential landlord-tenant court that included the following provisions:

• Requiring that the landlord file a Landlord Case Information Statement. • Requiring that the tenant complete a Tenant Case Information Statement. • Requiring enhanced review of complex cases. • Establishing the Landlord Tenant Legal Specialist (LTLS) program. • Requiring case management conferences. • Requiring the landlord to file a copy of the written lease and the landlord registration statement, if applicable, and the rent control registration statement, if requested by the court. • Noting that there should be consequences for failure to attend the case management conference, but that those consequences should not be

11 Available at https://www.njcourts.gov/courts/assets/supreme/reports/2021/landlordtenantcomm.pdf.