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LSNJ LAW Home > Legal Topics > Housing > Homelessness Prevention and Rental Assistance

How to Get Help With Back Rent in New Jersey

 

If you fall behind on your rent, it is important to look for help. Here are some resources that may help with back rent:

  • Department of Community Affairs (DCA). DCA’s Office of Eviction Prevention oversees programs and services to prevent eviction, such as rental assistance programs. See the Office of Eviction Prevention (OEP) page to learn more about their programs. The Office of Homelessness Prevention coordinates efforts among state and local agencies and private organizations that provide services to persons who are homeless or at risk for homelessness.

  • Emergency Assistance (EA). EA is a program provided through your county or municipal welfare agency that provides emergency shelter, pays back rent, pays temporary rental assistance, and can help pay a back utility bill.You must be approved for WorkFirst New Jersey WFNJ (TANF/GA) or receiving Supplemental Security Income (SSI). For more information about GA, TANF, SNAP (formerly Food Stamps) eligibility, and how to apply, go to NJHelps. For more information about Emergency Assistance, go to Emergency Assistance and Time Limit Extensions.

  • NJ211. NJ211 provides information about federal, state, and local systems created to help people who are struggling. Specialists have access to a resource database of thousands of community programs and services that assist people who need help with things like rent, food, utilities, affordable housing, rental assistance, mental and physical health, substance use disorders, child care, senior needs, legal assistance, transportation, disability services, and more. You can contact NJ 211 by calling (simply dial 2-1-1), texting (send your zip code to 898-211), emailing ([email protected]), or by chatting online at www.nj211.org.

A list of other agencies and resources organized by county can be found at County Resources that Help with Back Rent.

What if I am approved after the eviction trial date?

You may be able to get an eviction case for nonpayment of rent dismissed if you pay the balance due within three business days after a warrant for removal is posted to the door or within three business days after a lockout.

The landlord cannot add a late fee to the amount that is listed as due on the application for the warrant of removal. After the tenant pays the balance, the landlord must provide receipts and notify the court within two business days so the case can be dismissed. If that does not happen, you may file a motion to dismiss the case. Even though you paid the rent and were not locked out, the eviction case could still show up for a period of seven years because a judgment entered on the case. For more information about when an eviction case is confidential, read When is an eviction matter confidential?.

Does the landlord have to cooperate with rental assistance?

New Jersey law requires landlords to cooperate with rental assistance programs. A landlord’s failure to cooperate is a renter’s defense to a pending eviction action. If there is no pending eviction, the landlord’s noncooperation is also grounds to sue the landlord. A tenant should seek immediate legal assistance to avoid losing the rental assistance.

Under the Truth in Renting Act, landlords must cooperate with “any federal, state, or local rental assistance program or bona fide charitable organization which has committed to pay the rent due and owing.” This includes, but is not limited to, Section 8 Housing Choice Vouchers, the State Rental Assistance Program (SRAP), Temporary Rental Assistance (TRA) from a welfare agency, the Homelessness Prevention Program, and various local agency resources. The New Jersey Law Against Discrimination (NJLAD) is broader. Under that law, landlords cannot refuse “any lawful source of rent.”

Neither the NJLAD nor the Truth in Renting Act applies to situations where the landlord lives in the premises and there is a one-tenant unit. However, there may be other legal arguments to make landlords comply with rental program requirements, and you should seek legal assistance. Case law in New Jersey supports a landlord’s duty to “mitigate damages.” This means a landlord has to take reasonable steps to avoid the loss of rental income, which can include cooperating with rental assistance. Also, in every contract, like a written or oral lease, there is an implied “covenant of good faith and fair dealing.” The people involved in any contract must deal with each other honestly, fairly, and in good faith, and not get in the way of the other side’s ability to do what they agreed to do. When a tenant agrees to pay rent in exchange for an apartment, the landlord cannot do anything to interfere with the tenant’s ability to pay the rent. The landlord would be breaking the implied agreement to act fairly and in good faith if the landlord refused to cooperate with a rental assistance program.

What if my landlord doesn’t comply?

Get copies of any correspondence sent by the agency to you and, if possible, to the landlord. Seek immediate legal assistance to get the landlord to comply so you don’t risk losing the rental assistance. If you are being evicted, contact your local Legal Services office. If your landlord refuses to accept rental assistance, you can also file a complaint with the Division on Civil Rights at their Learn How To File A Complaint page or call 1-833-653-2748.

Where can I find affordable housing?

Read Where To Apply for Affordable Rental Housing and Rental Assistance. Many places may have waiting lists. If you are being evicted, applying for these would not be an immediate solution. However, it is a good idea to get on a waiting list.