Housing

In Fairkings Partners, LLC v. Essence L. Daniels, the New Jersey Appellate Division issued a published decision affirming tenants' rights under a recent law known as the Stack Amendment. The law allows tenants evicted for nonpayment of rent to regain possession by paying the rental debt within three business days of a lockout. The landlord argued tenants must also pay rent accrued after judgment.

We filed a friend-of-the-court brief on behalf of Seton Hall University School of Law's Center for Social Justice, Housing Justice Project, supporting the tenant. Our brief explained that the amount the tenant must pay to avoid eviction or regain possession is the amount of rent the court determined was due when it entered a judgment. The Court agreed with our interpretation of the Stack Amendment, explaining that: "Requiring tenants to pay more than the amount set forth in the [judgment] would create uncertainty and could impose unreasonable financial burdens on residential tenants. The tenant only has three business days to make the payment. Accordingly, the tenant needs to know the exact amount of the payment."

The decision ensures that New Jersey's remedial eviction statutes are construed liberally in favor of the tenant, promoting judicial clarity and fairness.