How to Evict a Section 8 Tenant in New Jersey
Do you need to evict a Section 8 tenant in New Jersey? A landlord can evict a Section 8 tenant in New Jersey. The landlord must prove good cause and follow strict state and federal procedure procedures. The process includes serving required notices, filing in the Special Civil Part, attending court for settlement or trial, obtaining a judgment for possession and warrant of removal, and tenant lockout. This guide is for New Jersey landlords and property managers dealing with disorderly conduct, delinquent rent, or other breaches of lease by Section 8 tenants. Call (201) 627-2457 or visit our Contact Us today for help with a Section 8 eviction. How to Evict a Section 8 Tenant in New Jersey Landlords can evict Section 8 tenants but must follow both New Jersey eviction law and U.S. Department of Housing and Urban Development (“HUD”) program requirements. Most New Jersey landlords mean the Housing Choice Voucher program when they say “Section 8.” HUD funds the program and a local Public Housing Authority (“PHA”) administers the voucher. The tenant has lease with the landlord and the PHA signs a Housing Assistance Payments (“HAP”) contract with the landlord. Step 1: Confirm the “Cause of Action” The first step is to determine whether the facts present a valid eviction case. This means establishing good cause under state and federal law. “Good cause” is required under New Jersey law The New Jersey Anti-Eviction Act requires a landlord to establish one of the statutory grounds for good cause. SeeN.J.S.A. 2A:18-61.1 (grounds) and N.J.S.A. 2A:18-61.2 (notice requirements). The Act applies to rental units besides owner occupied buildings with 1-2 units. Strict compliance with the statute is essential to winning an eviction case. See J. Allen Nimmo Apartments v. Martinez, A-1337-23 (N.J. Super. Ct. App. Div. Nov. 21, 2024) (“A judgment for possession may not be entered unless the landlord demonstrates strict compliance . . . including all notice provisions, traditionally has been a jurisdictional prerequisite for a dispossession action.”) Common “good cause” grounds under the Anti-Eviction Act includes: “Good cause” Must Also Exist Under Federal Law Landlords must prove not only a state-law grounds for eviction, but also a federal “good cause” to terminate a Section 8 tenancy. Federal law requires that, during the term of the lease, an owner may not terminate the tenancy except for: See 42 U.S.C. § 1437f(o)(7)(C); 24 C.F.R. § 982.310(a). Federal law also includes grounds related drug-related criminal activity, violent criminal activity, threats to others’ health/safety/peaceful enjoyment, and “fugitive felon/parole violator” grounds. Step 2: Serve Notices to Tenant and Public Housing Authority A notice is a formal written communication that informs a tenant of a specific legal issue, such as a lease violation or termination of tenancy, and explains what action is required and by when. New Jersey evictions require strict notice compliance. Proper timing, number and content of notices depends on reason eviction. Timing and Number of Notices Notice requirements for most New Jersey evictions for most tenants are under the Anti-Eviction Act. … Read more
