09/10/2020
The Centers for Disease Control and Prevention (“CDC”) has issued an administrative order instituting a moratorium on evictions from residential rental properties effective September 4, 2020 until January 1, 2021. The ban only applies to evictions based on non-payment of rent. Tenants who engage in illegal activity, threaten the health and safety of other residents, damage the rental property, or violate the lease in ways other than non-payment of rent are subject to eviction.
In order to be protected, the tenant must show, in a sworn statement, that:
1) He or she made their best effort to obtain available government assistance for rent or housing;
2) He or she was eligible to receive an Economic Impact Payment (i.e. stimulus check) or has an annual income less than $99,000.00 for an individual, or $198,000.00 for a family;
3) He or she is not able to pay the full rent due to substantial loss of income, wages, or hours, or because of extraordinary out-of-pocket medical expenses;
4) He or she made their best effort to make partial rent payments; and,
5) He or she has no other available housing options and, if subject to an eviction, would need to move into a new residence shared by other people who live in cramped conditions, or would need to move into a homeless shelter.
The statement form will be available in the civil division of the Clerk of Court’s office, located on the third floor of the Newark Municipal Building. According to the CDC order, making a false statement on the form may result in charges being filed for perjury. Claims of protection from eviction will be addressed at the beginning of the hearing by the Court’s magistrate.
The eviction moratorium does not forgive rent or prohibit landlords from charging late fees. Landlords can pursue claims for unpaid rent and late fees upon the expiration of the order.
Any developments related to the moratorium will be posted to the Court’s website at
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