New Jersey housing advocates hail court decision protecting rights of renters facing eviction

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A New Jersey appeals court has made clear how much a tenant needs to pay in back rent to avoid eviction.

In a decision published Dec. 8, a three-judge panel upheld a lower court decision that held the amount specified in a judgment of possession order is the amount that tenants are required to pay.

The ruling is being hailed as a win for renters.

“This helps out the tenants, it helps out the social service providers and the rental assistance providers that they know exactly what amount that they have to put forward,” said Ashley Maddison, the managing attorney at Rutgers Law School’s Housing Justice Program. “Ultimately, it just helps everything be much clearer.”

Jag Davies, communications director of Fair Share Housing Center, called the decision “a good step toward protecting renters and preventing unnecessary evictions.”

“At a time when the housing crisis is worsening and federal budget cuts are starving vital housing programs, it is more important than ever to defend policies that keep families in their homes,” he said.

Ruling comes from a North Jersey rental dispute

The case stemmed from a dispute between the owners of The Kingsley apartments in Essex County and Essence Daniels, the tenant. The landlord went forward with eviction proceedings against Daniels for unpaid rent in 2024. They obtained a judgment against her for $5,482.31.

Daniels sought relief from the judgment the same day. She stated in her application she sent two checks that were not applied to her past rent. She also said that she could pay $1,500 towards her balance and was seeking assistance to pay the remaining amount.

But the landlord opposed the application and claimed she owed $6,836.88.

A trial court ruled in May 2024 that Daniels is only required to pay the amount set forth in the judgment — $5,482.31. Fairking Partners, owners of The Kingsley, appealed the decision.

Appeals court interprets the Stack Amendment

At the center of the legal case is an amendment to New Jersey’s Fair Eviction Notice Act, named for its sponsor, state Sen. Brian Stack.

Under the Stack Amendment, which went into effect in March 2020, tenants have three days to submit a rent payment after a judgment is posted. Though the amendment does not identify the amount of rent a tenant must pay, the court ruled that “the most logical interpretation” of the Legislature is that a tenant can pay the fixed amount of the judgment.

“Under the Stack Amendment, the Legislature has given tenants a statutory right to regain possession by paying the amount set forth in the [judgment of possession],” the judge wrote.

Because it is a “published” court decision, that means it sets a legal precedent and can be cited in future cases.

Stack, who is also the mayor of Union City, told NJ Advance Media that the majority of his constituents are tenants and that he is proud to fight to expand the rights of renters.

“As the cost of living soars for tenants, it is imperative to put safeguards in place for residents who are struggling,” he said.

Maddison said the court decision will provide clarity for people looking to stop an eviction.

“This helps out the tenants, it helps out the social service providers and the rental assistance providers that they know exactly what amount that they have to put forward,” she said. “You don’t have to run to court and file an emergent motion.”