Senior, Disabled Tenants In NJ Would Get Longer Protection From Eviction Under Bill

HUDSON COUNTY, NJ – A bill sponsored by Sen. Brian Stack, who represents northern Hudson County, would extend the length of time that seniors and disabled tenants are protected from evictions from their apartments under certain circumstances.

The Senate Community and Urban Affairs Committee advanced the legislation by a vote of 4-0 this week.

The state already has certain protections against evictions and rent increases on the books, but tenants often do not know the laws.

In this case, an already existing New Jersey law protects disabled tenants and seniors from evictions and major lease changes for a period of 40 years, but Stack's bill would extend that period to "a lifetime," arguing that people are living longer.

“Life expectancies continue to increase in the United States, and this bill will protect members of our most vulnerable populations, senior citizens, and people with disabilities by allowing them to remain in their homes without harmful disruptions in their living conditions later in life,” said Stack.

He added, “Research shows that evictions are directly linked to increased stress, risk of depression, disruptions to health care, and other health issues. By allowing these community members to stay in their homes, we can continue to help people facing financial hardship keep a roof over their heads.”

He noted that seniors facing eviction might have to move away from their region, "hindering their ability to see established healthcare profesionals."

Under bill S-290, the “Senior Citizens and Disabled Protected Tenancy Act,” the protected tenancy period will extend to the lifetime of senior citizens and tenants with disabilities who qualify under the act because of income or other circumstances.

Under the bill, a senior is defined as a person 62 or older.

Stack's office said the current 40-year time frame was established in 1981, and since then, the average life expectancy in the U.S. has risen from 73.92 to 79.11.

According to a National Low Income Housing Coalition report, the United States does not have enough affordable homes for the older adults who need them, Stack's office said.

"When older adults face eviction, that shortage could push them out of a neighborhood, city, or an entire region, resulting in numerous issues, including hindering their ability to see established healthcare professionals," he said.

The text of the bill notes, "These protections are especially imperative during a time when economic dislocations have sharply increased as

a result of the COVID-19 pandemic and as recent evidence has proven that relocation at older age has been related to declines of both physical and cognitive functions."

Read the full text of the bill here.

Other Laws To Protect Tenants

In Hudson County, the popularity of the area has caused rents to spike sharply. In fact, the median rents in Jersey City and Hoboken are among the highest in the nation.

New Jersey has various laws on the books to prevent renters from ending up homeless or destitute. One law says that landlords must have "good cause for eviction" or lease non-renewal, in larger buildings. Landlords can only fail to renew a lease if the tenant breaks rules, fails to pay rent for several months, or for certain other listed reasons. (Read more about that here.)

The state also says that rent increases can't be "unconscionable," regardless of the type of rented unit — but in order to determine which rents qualified, tenants often have to end up in eviction court and plead their case (read more about that here).

Read more about what various towns are doing to protect tenants from eviction here.

Want help? Various nonprofit tenant advocacy groups in North Jersey will help renters and landlords understand the laws, and fight unfair evictions and increases. The New Jersey Tenant's Organization based in Fort Lee, Waterfront Project in Jersey City, and tenant advocates in several towns can help. The state also provides some programs here.

Other Links

• New Jersey Grounds For Eviction Laws
• New Jersey Rent Increase Laws