The CARES Act Was Supposed to Protect NJ Tenants from Eviction. It Didn’t.

The COVID-19 pandemic has had a devastating economic impact on renters across the United States. Though several states issued moratoriums on evictions earlier this year and the Centers for Disease Control recently ordered a federal eviction moratorium that will last through the end of 2020, these actions have not and will not stop landlords from trying to remove tenants from their homes for nonpayment of rent.

In many cases, the CDC’s nationwide eviction moratorium does not affect a state’s specific eviction moratorium, offering no extra security for tenants who are already facing the threat of being removed from their homes. In all cases, tenants will still owe rent to their landlords, and in many cases landlords can still file eviction complaints in the courts. In New Jersey, for instance—despite a temporary ban on evictions from federally financed properties via the CARES Act, a statewide eviction moratorium for all renters, and suspended eviction court proceedings—30,000 eviction complaints have been filed since March, and many tenants have lost their homes. Tenants’ rights advocates and lawyers say a number of pending eviction cases filed between March and July 25, when the CARES Act protections expired, are in violation of the federal law.

Taking a closer look at what has happened in the Garden State these last several months could provide guidance on how the CDC’s broader eviction moratorium could be better enforced, and what advocates should be paying attention to.

Pre-trial Eviction Settlement Conferences

In March, New Jersey Gov. Phil Murphy issued ....