Union, NJ asked in Civil Rights and Landlord - Tenant for New Jersey

Q: 2A:18-57, who is the "person in possession" referring to, and what are they entitled to during the removal process?

I want to know if the claimant or officer of the court is required to assist in any form of repaying or assistance to the person(s) being removed from the property according to the Relocation Assistance Law?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Under New Jersey law, specifically 2A:18-57, the "person in possession" typically refers to the tenant or occupant currently residing in or holding possession of a property. During the removal process, this individual is typically the one being asked to leave the premises.

If the removal is due to eminent domain or similar proceedings where individuals are displaced from their homes, New Jersey’s Relocation Assistance Law comes into play. Under this law, there may be provisions that entitle the displaced person to certain types of assistance. This could include help with moving expenses, finding a new place to live, or other forms of support designed to ease the transition.

However, whether the claimant or an officer of the court is required to provide repayment or assistance directly to the person being removed depends on the specific circumstances and reasons for the removal. If the eviction is under normal landlord-tenant circumstances, such assistance might not be required by law. But in cases involving government action, like eminent domain, relocation assistance is often a legal requirement. It is advisable to consult with legal advice or local housing authorities for detailed information applicable to the specific situation.

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