Effective March 1, 2020, the Legislature amended the Fair Eviction Notice Act (the Notice Act), N.J.S.A. 2A:42-10.15 to -10.17, to allow tenants who are about to be evicted for non-payment of rent, "to submit a rent payment," and thereby avoid eviction. See N.J.S.A. 2A:42-10.16a (the "Stack Amendment").[1] In this appeal, the issue presented is whether the rent payment must be in the amount set forth in the judgment of possession (JOP) or the amount of rent due at the time the tenant makes the payment. The court interprets the Stack Amendment to allow the tenant to pay the amount set forth in the JOP, because the JOP is the judicial determination that allows a landlord to evict a tenant under the Anti-Eviction Act (the A-E Act), N.J.S.A. 2A:18-61.1 to -61.12.
Plaintiff Fairkings Partners, LLC, a landlord, appeals from a May 9, 2024 order, which held that defendant Essence Daniels, a tenant, was required to pay the amount of unpaid rent set forth in the JOP to avoid eviction. Because the court agrees with the trial court's interpretation of the Stack Amendment, we affirm.
[1] The amendment is known as the Stack Amendment because Senator Brian P. Stack was the primary sponsor of the legislation. The Stack Amendment has two sections: section one is set forth in N.J.S.A. 2A:42-10.16a; and section two is set forth in N.J.S.A. 46:8-49.3. Section two directs landlords to accept a rent payment made in accordance with N.J.S.A. 2A:42-10.16a.