New Jersey Section 2C:33-11.1 – Certain actions relevant to evictions, disorderly persons offense

Illegal evictions have become a major problem in New Jersey during the COVID-19 pandemic. Many tenants have lost jobs and struggled to pay rent, while eviction moratoriums have aimed to keep people in their homes. However, some landlords have resorted to illegal tactics to remove tenants. New Jersey Section 2C:33-11.1 of the criminal code makes it a disorderly persons offense for landlords to evict tenants illegally after being warned by officials that their actions violate the law.

This law, signed by Governor Codey in 2005, was meant to crack down on shady evictions. It imposes requirements on both law enforcement and landlords to prevent illegal evictions and help displaced tenants return home. Here’s an overview of what Section 33-11.1 does, key definitions, penalties for violating it, and how police must enforce it.

What Makes an Eviction Illegal in New Jersey?

Section 33-11.1 lays out two types of illegal eviction tactics that can trigger charges if the landlord was warned but did it anyway:

• Taking possession of a rental unit without getting a warrant for possession or the tenant’s consent. This includes changing locks, removing belongings, or shutting off utilities to force the tenant out.
• Refusing to immediately let a displaced tenant re-enter the unit after an illegal eviction.

So in plain English – it’s illegal for landlords to physically remove or lock out tenants without going through the court eviction process. Even if a tenant is behind on rent, there is a legal process landlords must follow, which takes time. Taking matters into their own hands by throwing out belongings or changing locks is unlawful.

Police can charge a landlord with a disorderly persons offense under 33-11.1 if they warn the landlord their actions are illegal, but the landlord does it anyway. The law also makes clear that illegally evicted tenants can re-enter their home and cannot be charged with trespassing if police are there to monitor the situation.

What Are the Penalties for Illegal Eviction in New Jersey?

Under Section 33-11.1, illegally evicting a tenant is a disorderly persons offense upon first violation after being warned by officials. This can lead to:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

If a landlord has been convicted of illegal eviction under 33-11.1 in the past 5 years and does it again, the penalties increase to a 4th degree crime. This ups the possible jail time to 18 months and fines up to $10,000.

The law also states that displaced tenants are entitled to immediately re-enter their home and cannot be charged with trespassing if police are there to monitor the situation. So landlords who try illegal tactics face not only criminal charges, but also losing their case in a civil eviction proceeding.

What Do Police Have to Do Before Charging Illegal Eviction?

Section 33-11.1 has specific requirements for police that are not found in most criminal laws. Officers cannot charge illegal eviction right away – they must first warn the landlord that their actions are unlawful.

If police respond to a call and suspect illegal eviction tactics, they should:

• Notify the landlord that removing tenants or their property without a warrant is illegal, even if rent is unpaid.
• Explain that displaced tenants are allowed to re-enter immediately and cannot be blocked or charged with trespassing.
• Warn the landlord that continuing their actions after being notified is a disorderly persons offense under 33-11.1.

Only if the landlord disregards the warning and continues the illegal eviction can they then be charged and face fines or jail time. The law prohibits filing charges unless the landlord has been warned first and still refuses to stop.

Why Does the Law Have This Warning Requirement?

Requiring a warning before charging illegal eviction serves dual purposes:

• It prevents good-faith mistakes by landlords who may not fully understand their obligations. The warning gives them a chance to correct their actions before facing charges.
• It provides officers discretion on how to handle these situations delicately. They can issue a warning without immediately resorting to arrests or summonses.

The New Jersey Legislature wanted to crack down on intentional wrongdoing by landlords, but also avoid penalizing those who could be reasonably unaware of proper procedures. The warning requirement balances these interests.

With many new eviction restrictions imposed during COVID-19, a warning also gives officers a chance to educate landlords on rapidly changing rules. What may seem reasonable to a landlord could now be illegal under new moratoriums and protections. A warning allows education without immediate charges.

How Can Illegally Evicted Tenants Get Back Into Their Homes?

A key provision in Section 33-11.1 is that tenants removed through illegal eviction are entitled to promptly re-enter their rental unit and cannot be charged with trespassing if police are present.

If officers encounter someone who has been illegally locked out or had their belongings removed, they should:

• Notify the landlord they must immediately allow the tenants to re-enter with their belongings.
• Be present on location during the re-entry process to ensure the landlord does not interfere or obstruct.
• Document the situation with an incident report in case follow-up action is needed.

Having officers on site often deters landlords from blocking re-entry or engaging in other retaliation. Their presence can help smooth the transition and prevent altercations.

What If a Landlord Still Refuses to Allow Re-Entry?

If a landlord continues blocking a tenant’s legal right to re-occupy their home after re-entry has been demanded by police, officers can take stronger action:

• The landlord can be arrested on the spot for obstructing tenants’ lawful right to return.
• Charges can be filed for the initial illegal eviction as well as obstruction of re-entry.
• The prosecutor’s office can get involved and pursue immediate court orders allowing the tenants to re-take possession.
• Civil penalties, damages, and attorney’s fees can be sought against the landlord.

So in short, landlords who continue unlawful behavior after police intervention face severe legal consequences. But the goal is to first warn and educate landlords to gain compliance voluntarily.

Balancing Tenant and Landlord Rights

While Section 33-11.1 aims to protect tenants from illegal evictions, it does not override landlords’ lawful rights to remove non-paying tenants through proper court procedures.

The law seeks to strike a balance – landlords must follow proper steps to terminate leases and evict, even if they are in the right. And tenants who are behind on rent are still obligated to comply with lawful court orders requiring them to leave.

The statute simply prohibits landlords from taking extralegal self-help measures like throwing out belongings or changing locks instead of going through the courts. While designed to be tenant-friendly, it does not erase landlords’ ultimate rights to their property through legal processes.

The warning requirement gives officers a chance to explain these nuances. A warning educates landlords on proper legal procedures without immediately charging them as criminals just for being confused. It reinforces tenant rights while allowing good-faith landlords an opportunity to correct missteps.

How Officers Can Avoid Legal Mistakes

When responding to disputes between landlords and tenants, officers face a delicate balancing act. Section 33-11.1 provides important guidance on how to enforce the law without overstepping. Some tips:

• Avoid giving tenants or landlords any definitive legal advice – refer them to housing advocates or attorneys instead.
• Focus only on preventing immediate threats like illegal lockouts – don’t rule on underlying lease disputes.
• Don’t remove lawful eviction notices posted by landlords or imply they are invalid.
• Don’t speculate on who is right or wrong in an underlying landlord-tenant conflict.
• Stick to clearly illegal acts like removing tenants’ belongings or changing locks without a court order.
• Don’t imply tenants can permanently stay if they prove an illegal eviction occurred.

The role of officers is narrowly focused on preventing illegal lockouts and allowing re-entry. Broader landlord-tenant disputes over unpaid rent and lease terms must get resolved later through the courts – not by police on the scene.

What This Means for Landlords

The takeaway for landlords is that self-help evictions are strictly prohibited in New Jersey, no matter how right you may feel you are. State law requires going through the courts even if tenants are far behind on rent.

Landlords cannot:

• Physically remove tenants or their belongings
• Change locks
• Turn off utilities
• Remove doors
• Disconnect appliances

Or take any other action to force tenants out without a court order. Doing so – or blocking re-entry after an illegal eviction – can result in criminal charges after a warning from police.

If tenants are violating lease terms or damaging property, landlords can get a court eviction order. But they cannot take extralegal action on their own, despite how frustrating the legal process may be. The penalties for illegal eviction make it not worth the risk.

What This Means for Tenants

For tenants, the key takeaway is that you have rights even if you fall behind on rent. Your landlord cannot physically force you out or deny you access without going to court first.

If your landlord does any of the following without a court order, it is likely illegal:

• Changes the locks
• Removes your belongings
• Shuts off utilities
• Takes possession of your unit

You should call police immediately. With officers present, you have the right to re-enter your home and cannot be charged with trespassing.

This law prevents landlords from taking the law into their own hands. While it does not cancel rent obligations, it prohibits them from improper self-help evictions. Know your rights and call police if your landlord denies you access or removes your property without a legal court order.