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.
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