New Jersey Assembly and Senate passed A5820/S3866, a bill which will sunset more than 140 of Governor Murphy’s pandemic related executive orders within 30 day. The Governor signed same on 6/4/2021. As we previously informed you when the Governor Murphy issued Executive Order 240 extending the State of Emergency in New Jersey through June 14, 2021, Murphy indicated that it would be the last such extension if legislation was passed that would ensure his ability to continue to manage the State’s response to the COVID-19. This is very clearly the legislature’s response.
While this is a positive sign of progress, unfortunately the bill stopped short of ending all executive orders, leaving 14 such orders active. Over the fierce objection of many Republican Senators, the bill retains the moratorium on evictions enacted under Executive Order 106, and extends that moratorium until January 1, 2022.
As we previously advised Executive Order 106 included a provision which would automatically terminate the eviction moratorium 60 days after the state of emergency was concluded, or August 14, 2021. This new legislation would override that provision, extending the termination of the stay four and half months to January 1, 2022. Additionally, and perhaps most importantly, Sheriffs in New Jersey continue to interpret Executive Order 106 to bar them from proceeding to sale, and we unfortunately see nothing in the new legislation which will alter that interpretation. Unless Sheriffs change their interpretation, we very likely will not be able to proceed with setting sale on occupied, residential loans in New Jersey until January 1, 2022. For more information please contact Deborah Gallo, Esq at firstname.lastname@example.org.