Fairkings Partners, LLC, t/a The Kingsley v. Essence L. Daniels

Summary

The New Jersey Superior Court, Appellate Division, held that under the Stack Amendment to the Fair Eviction Notice Act, a tenant may avoid eviction for nonpayment of rent by paying the amount of unpaid rent stated in the judgment of possession. The court rejected the landlord's argument that the tenant must also pay rent accruing after entry of the judgment. The court affirmed the trial court's order.

Holdings

1. The Stack Amendment requires a tenant to pay the amount of unpaid rent judicially determined and stated in the judgment of possession, rather than rent accruing through the date of payment, to avoid eviction.
2. The Stack Amendment creates a statutory process and right for a tenant to regain possession by paying the judgment-of-possession amount; the process does not depend on the court's equitable authority to grant relief.
3. Using the judgment-of-possession amount promotes judicial economy and does not prevent a landlord from pursuing a separate action for rent accruing after the judgment.

Questions Presented

1. Under the Stack Amendment, must a tenant seeking to avoid eviction pay the amount of unpaid rent stated in the judgment of possession or the full amount of rent due when payment is tendered?
2. Does the Stack Amendment establish a statutory right independent of equitable relief under Rule 4:50-1?
3. Does interpreting the required payment as the judgment-of-possession amount conflict with summary dispossession rules or judicial economy?

Disposition

affirmed