Appeals court interprets the Stack Amendment
At the center of the legal case is an amendment to New Jersey’s Fair Eviction Notice Act, named for its sponsor, state Sen. Brian Stack.
Under the Stack Amendment, which went into effect in March 2020, tenants have three days to submit a rent payment after a judgment is posted. Though the amendment does not identify the amount of rent a tenant must pay, the court ruled that “the most logical interpretation” of the Legislature is that a tenant can pay the fixed amount of the judgment.
“Under the Stack Amendment, the Legislature has given tenants a statutory right to regain possession by paying the amount set forth in the [judgment of possession],” the judge wrote.
Because it is a “published” court decision, that means it sets a legal precedent and can be cited in future cases.
Stack, who is also the mayor of Union City, told NJ Advance Media that the majority of his constituents are tenants and that he is proud to fight to expand the rights of renters.
“As the cost of living soars for tenants, it is imperative to put safeguards in place for residents who are struggling,” he said.
Maddison said the court decision will provide clarity for people looking to stop an eviction.
“This helps out the tenants, it helps out the social service providers and the rental assistance providers that they know exactly what amount that they have to put forward,” she said. “You don’t have to run to court and file an emergent motion.”
