During a press conference on Friday, April 24, Governor Murphy announced new measures to assist renters and home owners during the COVID-19 crisis. Specifically, the Governor signed Executive Order 128, which allows renters to use their security deposit to pay rent. The EO provides that:

• • Residential tenants may request in writing (including electronically) that they would like their security deposit to be applied towards rent due or will become due. This right begins with the issuance of the EO and ends 60 days after the Public Health Emergency established in Executive Order No. 103 (2020) or up to 60 days after the Public Health Emergency terminates.

• • The tenant is not obligated to replenish the security deposit during the current lease term. The tenant must replenish the deposit in full either on the 6th month following the end of the Public Health Emergency established by Executive Order No. 103 (2020) or on the date the current lease is extended or renewed, whichever is later.

• • Provisions of the Security Deposit Act that are inconsistent with this EO are waived; however, all other provisions remain in full force and effect.

You can access the full text of the Governor’s Executive Order by clicking here.

NJAA has created a summary document regarding Executive Order 128 to provide our members with a helpful overview, along with suggestions on some important considerations. To access this document, please click here. 

During his announcement, the Governor stated that he is working in collaboration with the NJAA urging all landlords to waive late fees and to continue to work with their tenants who cannot pay their rent due to COVID-19. Additionally, the governor called upon those who can pay their rent to do so. For a copy of the press statement NJAA released urging all landlords to waive late fees and to continue to work with their tenants who cannot pay their rent due to COVID-19, please click here. For a clip from yesterday’s press conference, please click here.

Additionally, the Governor announced that the NJ Department of Community Affairs (DCA) has established a rental housing information page for tenants and landlords seeking information about their rights during the public health emergency. To visit this page, please click here.

The Governor also announced additional information on COVID-19-related mortgage forbearance for home owners, which can be found by visiting covid19.nj.gov, and searching “Get Assistance.” The page can also be accessed by clicking here.

For a copy of the Governor’s press release outlining these announcements, please click here.

Should you have any questions or need further information, please contact a member of the NJAA Government Affairs team:

Nicholas Kikis – Nicholas@njaa.com or 732-992-0605
Andrew Musick – Andrew@njaa.com or 732-992-0610