On March 19, 2020 and in response to COVID-19 concerns, Governor Murphy signed Assembly Bill No. 3859 into law and immediately issued an executive order prohibiting the removal of anyone from a residential property as a result of an eviction or foreclosure proceeding.  Under A3859, whenever there is a Public Health Emergency, “the Governor may issue an executive order to declare that a lessee, tenant, homeowner or any other person shall not be removed from a residential property as the result of an eviction or foreclosure proceeding.”  Immediately upon signing the bill, Governor Murphy issued Executive Order No. 106 prohibiting such removals.  The Executive Order is based on the fact that “removals of residents pursuant to evictions or foreclosure proceedings can increase the risk to those residents of contracting COVID-19, which in turn increases the risks to the rest of society and endangers public health.”  The Order does not prohibit lenders or landlords from filing foreclosure or eviction actions or from continuing the actions while the Executive Order is in place, and does not affect payments due under rent schedules.  The Order went into effect immediately, and expires no more than two months after the end of the Public Health Emergency.

For a copy of the Executive Order or A3859, please contact Michael O’Donnell at modonnell@riker.com or Anthony Lombardo at alombardo@riker.com.