[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019]
a. The Governing Body of the City of Newark does hereby declare that
an emergency exists, within the City of Newark, where many of its
residents are homeless or are at risk of homelessness and/or reside
in uninhabitable living conditions due to a shortage of affordable
housing and a lack of knowledge and awareness of tenants' rights;
and
b. This emergency was created, in part, by the filing of frivolous and/or
retaliatory eviction actions by landlords renting residential property
in the City of Newark; and
c. A landlord will be less likely to file a frivolous lawsuit if she/he
is aware that her/his tenant will be assisted by legal counsel in
preparing and asserting available legal defenses to the tenant's eviction
action; this will mitigate the aforementioned emergency and reduce
the serious threats to the public health, safety and general welfare
of the citizens of the City of Newark created by said emergency; and
d. A lack of knowledge and awareness of their legal rights, the fear
of being evicted without good cause, and being forced to seek housing
in a limited housing market, discourages many Newark tenants from
fighting eviction actions and/or from protesting against substandard
housing conditions; it is this fear that contributes to homelessness
as well as to the harmful, uninhabitable conditions in which many
Newark tenants live; this warrants legislative action by the Governing
Body; and
e. The Governing Body of the City of Newark does hereby declare that
these conditions pose a serious threat to the public health, safety
and general welfare of the residents of the City of Newark, particularly
the approximately 78.2% of Newark residents who, according to 2016-2017
U.S. Census Bureau data, are renters. N.J.S.A. 40:48-2, allows any
municipality to make ordinances, rules, regulations, and by-laws,
as the municipality deems necessary and proper for the good government,
order and protection of its residents and for the protection of the
health, welfare and safety of the municipality and its residents;
and
f. Pursuant to these aforementioned police powers, in order to protect
the health, safety and welfare of the citizens of the City of Newark,
it is necessary to provide access to legal services to tenants who
are facing eviction or the threat thereof.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019; amended 8-4-2021 by Ord. No. 6PSF-C, 08-04-2021]
For the purposes of this Chapter, the following terms have the
following meanings:
COVERED PROCEEDING
Shall mean any of the following: (1) A summary proceeding
in The Superior Court of New Jersey - Essex County, seeking to evict
an Eligible Newark Tenant, including a summary proceeding seeking
removal of a tenant for non-payment of rent, or an alleged holdover;
(2) Administrative/Grievance hearings with public housing and/or public
agencies that provide rental assistance after said agency has taken
some action (including termination/notice of termination of subsidy)
that adversely affects a tenant's rights, duties, welfare or
status and could result in eviction; and (3) an appeal of the rent
control board before the Law Division of the Superior Court of New
Jersey-Essex Vicinage, that adversely affects a tenant's rights,
ability to pay the rent, or otherwise retain occupancy.
DESIGNATED ORGANIZATION
Shall mean a not-for-profit organization, or a for profit
legal services provider, including law firms and solo practitioners,
that has the capacity to provide legal services to Newark's tenants
of low income facing eviction in the Superior Court of New Jersey
- Essex County or the threat thereof.
ELIGIBLE NEWARK TENANT
Refers to a single tenant or household of a rental dwelling
located in the municipality of Newark, New Jersey whose household
income is 200% or less of the current federal poverty level, who is
either facing eviction or some action by a governmental assistance-providing
agency (including termination/notice of termination of subsidy) that
adversely affects a tenant's rights, duties, welfare or status and
could result in eviction, and whose case poses no conflict of interest
to the City.
INCOME-ELIGIBLE INDIVIDUAL
Shall mean an individual whose annual gross household income is not in excess of 200% of the official federal poverty guidelines defined by the United States Department of Health and Human Services, pursuant to Subsection
(2) of 42 U.S.C.A. § 9902.
LANDLORD-TENANT COURT
Shall mean the Landlord/Tenant Section of the Special Civil
Part of the Superior Court of Essex County.
LEGAL REPRESENTATION
Shall mean ongoing legal representation provided by a designated
organization to an income-eligible individual and all legal advice,
advocacy, and assistance associated with such representation.
LEGAL SERVICES
Shall mean any form of legal assistance to an Eligible Newark
Tenant.
MAYOR
Shall mean the Mayor of the City of Newark, New Jersey.
MUNICIPAL COUNCIL
Shall mean the Governing Body of the City of Newark, New
Jersey that comprises the legislative branch of the City of Newark,
New Jersey's government.
PARTNER ATTORNEY
Shall mean an attorney employed by or affiliated with a Designated
Organization that agrees to provide legal services to residents pursuant
to this ordinance.
RETAINER AGREEMENT
Shall mean a contract between the Eligible Newark Tenant
and the Partner Attorney from the Designated Organization for the
provision of legal assistance or services.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019; amended 8-4-2021 by Ord. No. 6PSF-C, 08-04-2021]
a. There is established in the Department of Economic and Housing Development,
the Office of Tenant Legal Services to establish a pilot program to
provide access to legal services for Newark residents in eviction
proceedings in the Superior Court of New Jersey — Essex County.
Subject to appropriations, the City of Newark shall provide funding
to be used exclusively to provide access to legal services and shall
ensure that:
1. The Office of Tenant Legal Services be coordinated by a Coordinator
who shall, no later than April 1, 2019, establish a program to provide
access to legal services for Newark residents in the Superior Court
of New Jersey — Essex County; and
2. The Coordinator shall establish a program that complies with the
procurement process of the New Jersey Local Public Contracts Law,
N.J.S.A. 40A;11-1 et seq. to select legal services providers that
have the capacity to provide legal services to eligible Newark tenants
facing eviction or the threat thereof; and
3. Every Eligible Newark Tenant shall receive access to full legal representation
no later than their first scheduled appearance in a Covered Proceeding,
or as soon thereafter as is practicable; and
4. The Coordinator shall conduct annual reviews to establish key performance
indicators; and
5. Any legal services performed by a Designated Organization pursuant
to this Chapter shall not replace, or satisfy any obligations or responsibilities
of such designated organization pursuant to any other program, agreement,
or contract; and
6. The Coordinator shall submit a proposed annual budget to the Mayor
to be considered at a budget hearing to be conducted by the Mayor
and/or Business Administrator. Subject to appropriation, the Mayor
and/or the Business Administrator shall determine the level of funding
for the Office of Tenant Legal Services; and
7. If authorized by State and Federal law, the creation of a Landlord
Tenant Fund, to receive funds to be used exclusively to provide legal
defense services to Newark tenants facing eviction; and
b. Nothing in this Chapter or the administration or application thereof
shall be construed to create a private right of action on the part
of any person or entity against the City or any agency, official,
or employee thereof.
c. An Eligible
Newark Tenant, facing eviction or some action by a private landlord
that adversely affects that tenant's rights, duties, welfare,
or status and could result in eviction, in a "Covered Proceeding"
as defined in 19:3-1(3), shall be referred to the Law Department of
the City of Newark for appointment of an attorney from a Designated
Organization, independent of the Office of Tenant Legal Services program,
to provide free legal representation for the Covered Proceeding.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019]
a. No later than 60 days after the end of each fiscal year, the Coordinator
of the Office of Tenant Legal Services shall submit to the Mayor and
the Municipal Council, and post online, a report on the legal services
program and information regarding its implementation, to the extent
such information is available, including, but not limited to:
1. The number of covered individuals;
2. The number of individuals currently receiving legal services and
the actual number of individuals who received legal services for the
prior year, identified by the following characteristics of such individuals:
(a)
Ward and postal code of residence;
(b)
Age of head of household;
(d)
Estimated length of tenancy;
(e)
Approximate household income;
(f)
Whether the Tenant resides in rent-regulated housing;
(g)
Whether the Tenant resides in housing operated by the Newark
Housing Authority; and
(h)
Whether and how the tenancy is federally subsidized.
3. Outcomes immediately following the provision of full legal representation,
as applicable and available, including, but not limited to, the number
of:
(a)
Case dispositions allowing individuals to remain in their residence;
and
(b)
Case dispositions requiring individuals to be displaced from
their residence; and
(c)
Instances where the attorney was discharged or withdrew.
4. Non-payment and holdover petitions filed in Landlord-Tenant Court,
and warrants of removal served by landlords.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019]
a. The Coordinator of the Office of Tenant Legal Services shall conduct
a public hearing each year, no later than 60 days before the end of
each fiscal year, to receive recommendations and feedback about the
program; and
b. The Coordinator shall provide notice of the public hearing within
30 days of the hearing which shall be open to the public and shall
be:
1. Posted in public area of the Landlord-Tenant Court; and
2. Posted in all City of Newark social service offices, the Newark Rent
Control Office, and sent to community organizations.
c. Written and/or oral testimony may be submitted at the hearing; and
d. The Coordinator shall cause a transcript of the hearing to be produced
and shall make the transcript available to the public in the Office
of Tenant Legal Services or through other available means available
to the Coordinator.