N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-59.3
Eviction, foreclosure prohibited during certain emergency circumstances
Operative Text
1. a. (1) Notwithstanding any other law to the contrary, whenever a Public Health Emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.) has been declared by the Governor in response to the COVID-19 pandemic and is in effect, the Governor may issue an executive order to declare that a lessee, tenant, homeowner or any other person shall not be removed from a residential property as the result of an eviction or foreclosure proceeding. This executive order shall remain in effect for no longer than two months following the end of the Public Health Emergency except as provided in paragraphs (2) and (3) of this subsection. (2) (a) For eviction actions based upon reasons other than nonpayment or habitual late payment of rent, or failure to pay a rent increase, Executive Order No. 106 of 2020 shall expire upon the effective date of P.L.2021, c.188 (C.52:27D-287.7 et al.). (b) For eviction actions based upon nonpayment or habitual late payment of rent, or failure to pay a rent increase, Executive Order No. 106 of 2020 shall expire on August 31, 2021, for any lessee or tenant who is not a very low-income, low-income, or moderate-income household. (c) For eviction actions based upon nonpayment or habitual late payment of rent, or failure to pay a rent increase, Executive Order No. 106 of 2020 shall expire on December 31, 2021, for any lessee or tenant who is a very low-income, low-income, or moderate-income household. Provided, however, that the protections conferred on such tenants by this section shall expire on August 31, 2021, to the extent that such tenants do not comply with the certification requirements of subsection d. of section 3 of P.L.2021, c.188 (C.52:27D-287.9). (d) To the extent that it prohibits the removal from a residential property as a result of a foreclosure proceeding of any homeowner, Executive Order No. 106 of 2020 shall expire on November 15, 2021. (e) The Governor shall have the ability to revoke or modify Executive Order No. 106 of 2020 prior to December 31, 2021 in a manner not inconsistent with the provisions of this section. (3) Notwithstanding the provisions of paragraph (2) of this subsection, Executive Order No. 106 of 2020 may be extended pursuant to the procedures set forth in subsection b. of section 3 of P.L.2021, c.103, if there is substantial evidence that hospitalizations and deaths due to the COVID-19 pandemic are likely to recur or substantially worsen if an extension is not ordered. b. Eviction and foreclosure proceedings may be initiated or continued during the time of an executive order issued pursuant to this section, but enforcement of all judgments for possession, warrants of removal, and writs of possession shall be stayed during this period if the Governor has issued an executive order prohibiting certain removals from residential property pursuant to subsection a. of this section, unless the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice. c. Sheriffs, court officers, and their agents shall refrain from acting to remove individuals from residential properties through the eviction or foreclosure processes during the time of an executive order issued by the Governor prohibiting certain removals from residential property pursuant to subsection a. of this section, unless the court determines on its own motion or motion of the parties that removal is necessary in the interest of justice. d. As used in this section, "residential property" means any property rented or owned for residential purposes, including, but not limited to, any house, building, mobile home or land in a mobile home park, or tenement leased for residential purposes, but shall not include any hotel, motel, or other guest house, or part thereof, rented to a transient guest or seasonal tenant, or a residential health care facility. L.2020, c.1, s.1; amended 2021, c.188, s.6.
N.J.S.A. 2A:18-51 § 2A:18-59.3 established a framework under which the Governor of New Jersey could, during a declared COVID-19 Public Health Emergency, issue executive orders halting the physical removal of residents from their homes through eviction or foreclosure. While legal proceedings could still be initiated or continued during such a period, enforcement of judgments, warrants of removal, and writs of possession was automatically stayed unless a court found that enforcement was necessary in the interest of justice. The law set specific expiration dates for these protections depending on the type of eviction action and the income level of the household, with the latest protections for qualifying low-income tenants running through December 31, 2021, subject to certification requirements.
Plain English — not legal advice.
Under N.J.S.A. 2A:18-51 § 2A:18-59.3, property owners and managers operating during the covered period generally needed to be aware that even when eviction or foreclosure proceedings were legally permitted to proceed, enforcement of any resulting judgment could be stayed by operation of an executive order. Compliant operators typically tracked the specific expiration dates applicable to their situation—which varied based on the grounds for eviction and the income classification of the tenant—and coordinated with legal counsel before attempting to enforce any judgment for possession. Sheriffs and court officers were expressly directed not to carry out removals during an active executive order period unless a court specifically authorized it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-51 § 2A:18-59.3 provided significant protections for tenants and homeowners during the COVID-19 Public Health Emergency, including an automatic stay on the enforcement of eviction and foreclosure judgments while a qualifying executive order was in effect. Tenants who were very low-income, low-income, or moderate-income households received extended protections through December 31, 2021, provided they met the certification requirements referenced in the statute. Tenants who believe their rights under this provision were not honored may wish to consult a tenant-rights organization or legal aid office familiar with New Jersey housing law to understand what remedies or defenses may have been available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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