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Covid 19 Executive Orders

Upon written request from a tenant, including electronic
communication, a security deposit governed by the provisions of
N.J.S.A. 46:8-19 et seq., as well as the tenant’s portion of the

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interest and/or earnings accumulated thereon, shall be applied to
or credited towards rent payments due or to become due from the
tenant during the Public Health Emergency established in Executive
Order No. 103 (2020) or up to 60 days after the Public Health
Emergency terminates.

  1. When a tenant applies or credits such deposit, interest,
    or earnings to pay rent pursuant to Paragraph 1 of this Order, the
    following additional provisions shall apply for the duration of
    the tenant’s current contract, lease, or license agreement:
    a. The landlord may recoup from the tenant any monies
    the landlord expended that would have been
    reimbursable by the security deposit and interest
    or earnings thereon, at the time that such
    reimbursement from the deposit and interest or
    earnings thereon would have taken place; and
    b. The tenant shall otherwise be without obligation to
    make any further security deposit relating to the
    current contract, lease, or license agreement. If,
    however, the tenant and landlord extend or renew
    their contract, lease, or license agreement
    following the date of this Order, then the tenant
    shall be obligated to replenish the security
    deposit in full either on the date six months
    following the end of the Public Health Emergency
    established by Executive Order No. 103 (2020),
    which was extended by Executive Order No. 119
    (2020), or on the date on which the current
    contract, lease, or license agreement is extended
    or renewed, whichever is later.

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  1. Use of a security deposit for the purposes outlined in
    this Order shall not be considered a violation of N.J.S.A. 46:8-19
    et seq. Any provisions of N.J.S.A. 46:8-19 et seq. that are not
    inconsistent with this Order remain in full force and effect.
  2. Penalties for violations of this Order may be imposed
    under, among other statutes, N.J.S.A. App. A:9-49 and -50.
  3. This Order shall take effect immediately and remain in
    effect until 60 days following the end of the Public Health
    Emergency established by Executive Order No. 103 (2020), which was
    extended by Executive Order No. 119 (2020). Nothing shall prevent
    the Governor from revoking or modifying this Order before it
    expires as described above.

GIVEN, under my hand and seal this

24th day of April,
Two Thousand and Twenty, and
of the Independence of the
United States, the Two
Hundred and Forty-Fourth.

/s/ Philip D. Murphy

Governor