Bill Text: NJ A4502 | 2018-2019 | Regular Session | Introduced
Bill Title: Allows for the establishment of a "County Tenant Legal Assistance Program" in each county; requires portion of the administrative fee for residential mortgage execution sales fund the program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-09-27 - Introduced, Referred to Assembly Judiciary Committee [A4502 Detail]
Download: New_Jersey-2018-A4502-Introduced.html
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
Allows for the establishment of a "County Tenant Legal Assistance Program" in each county; requires portion of the administrative fee for residential mortgage execution sales fund the program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning tenant legal assistance, amending P.L.2001, c. 370, N.J.S.40A:4-39 and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2001, c.370 (C.22A:4-8.1) is amended to read as follows:
6. a. The county treasurer shall be responsible for all fees received by or deposited with the county sheriff pursuant to N.J.S.22A:4-8. The county sheriff shall account to the county treasurer for all these fees.
b. (1) The county treasurer shall deposit into a trust fund dedicated to the sheriff's office $2.00 of each fee over the amount of $3.00 received for a service enumerated in N.J.S.22A:4-8. Such sums shall be deposited within 10 days of receipt by the county treasurer. Monies in the trust fund shall be used to upgrade and modernize the services provided by their offices. As used in this section, "to upgrade and modernize the services" shall not include the costs associated with employing personnel and shall not include offset of existing salary or new positions. The monies in the trust fund shall not be used for budgetary reduction by the counties.
(2) If a county has established a "County Tenant Legal Assistance Program" pursuant to section 4 of P.L. , c. (C. )(pending before the Legislature as this bill), the county treasurer of that county shall deposit the sum of $300 of each fee for services rendered by the sheriff pursuant to N.J.S.22A:4-8 for mortgage execution sales into the "County Tenant Legal Assistance Program Fund" established pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill) for use by the county for the operation of the "County Tenant Legal Assistance Program." The monies in the "County Tenant Legal Assistance Program Fund" shall not be used for budgetary reduction by the counties.
c. Notwithstanding any provision of law to the contrary, monies received by a county sheriff attributable solely to the amount of fee increases for services enumerated in N.J.S.22A:4-8 pursuant to the amendments set forth in section 5 of P.L.2001, c.370, that exceed in any year the amount by which the annual minimum salary of the sheriff fixed pursuant to N.J.S.40A:9-104 exceeds the amount of the county sheriff's salary in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.
(cf: P.L.2001, c.370, s.6)
2. N.J.S.40A:4-39 is amended to read as follows:
40A:4-39. a. In the budget of any local unit, dedicated revenues anticipated during the fiscal year from any dog tax, dog license, revenues collected pursuant to N.J.S.18A:39-1.2, solid fuel license, sinking fund for term bonds, bequest, escheat, federal grant, motor vehicle fine dedicated to road repairs, relocation costs deposited into a revolving relocation assistance fund established pursuant to section 2 of P.L.1987, c.98 (C.20:4-4.1a), fee revenues collected in connection with recreation programs operated pursuant to section 2 of P.L.1999, c.292 (C.40:48-2.56), receipts from franchise assessments levied pursuant to section 4 of P.L.1995, c.173 (C.40A:12A-53) to be retained by the municipality, refund payments from a joint insurance fund deposited into a joint insurance revolving fund established pursuant to section 12 of P.L.1996, c.113 (C.40A:10-36.2), fee revenues collected in connection with the "Attorney Identification Card Program" pursuant to section 1 of P.L.2009, c.11 (C.40A:4-22.2), fee revenues collected in connection with the "County Tenant Legal Assistance Program Fund" established pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill) for use by the county for the operation of the "County Tenant Legal Assistance Program" established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), fee revenues imposed on delinquent amounts owed to the county or municipality and collected pursuant to section 37 of P.L.2000, c.126 (C.40:23-6.53) (as amended by section 2 of P.L.2009, c.233) or section 1 of P.L.1983, c.208 (C.40:48-5a) (as amended by section 3 of P.L.2009, c.233), and, subject to the prior written consent of the director, other items of like character when the revenue is not subject to reasonably accurate estimate in advance, may be included in said budget by annexing to said budget a statement in substantially the following form:
"The dedicated revenues anticipated during the year ....... from ........ (here insert one or more of the sources above, as the case may be) are hereby anticipated as revenue and are hereby appropriated for the purposes to which said revenue is dedicated by statute or other legal requirement."
b. Dedicated revenues included in accordance with this section shall be available for expenditure by the local unit as and when received in cash during the fiscal year. The inclusion of such dedicated revenues shall be subject to the approval of the director, who may require such explanatory statements or data in connection therewith as the director deems advisable for the information and protection of the public.
(cf: P.L.2009, c.233, s.4)
3. (New section) A county may establish a trust fund account entitled, "County Tenant Legal Assistance Program Fund" trust fund into which shall be deposited the $300 paid pursuant to section 6 of P.L.2001, c. 370 (C.22A:4-8.1) and from which expenditures shall be disbursed exclusively for the purposes of establishing a "County Tenant Legal Assistance Program" for civil matters concerning landlord-tenant disputes in that county pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. (New section) a. The governing body of each county may establish a "County Tenant Legal Assistance Program" for low-income families to provide these families with legal representation in landlord-tenant proceedings in the Superior Court.
b. A county may provide legal assistance to low-income families pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) through the use of persons hired for that purpose who shall serve at the pleasure of the appointing authority. For the purpose of determining their compensation, these employees shall be considered county employees.
c. The governing body of each county that has established a "County Tenant Legal Assistance Program" for low-income families pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall establish a public awareness campaign in order to promote public awareness of the county tenant legal assistance program established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), and to promote public awareness of the services provided by Legal Services of New Jersey and its affiliates.
d. If a governing body of a county has chosen not to establish a "County Tenant Legal Assistance Program" pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the governing body of that county shall establish a public awareness campaign to promote awareness of the services provided by Legal Services of New Jersey and its affiliates.
5. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill would allow the governing body of each county to establish a county tenant legal assistance program for low-income families to provide legal representation in landlord-tenant proceeding. In addition, the bill would provide funding for the program by using a portion of the sheriff's fee for execution sales.
Under the provisions of N.J.S.22A:4-8, the sheriff, as his fee, receives a percentage of the sale when property is sold in an execution sale. The percentage is as follows: (1) on all sums not exceeding $5,000.00, 6%; (2) on all sums exceeding $5,000.00 on such excess, 4%; and (3) the minimum fee to be charged for a sale by virtue of an execution, $50.00.
This bill would provide that if the county has a established a county legal assistance program then a portion of that fee would be allocated to that program. The bill provides that $300 from each residential mortgage execution sale exceeding $7,000 that is conducted by the sheriff would be used by the county for the operation of the "County Tenant Legal Assistance Program." Monies would be deposited into the "County Tenant Legal Assistance Program Fund" which would be created by each county. The fund would provide a source of funding for the county legal assistance programs.
By allowing counties to establish a trust fund for revenue generated from the sheriff's fee in residential mortgage foreclosure actions, this bill permits these revenues to be dedicated to covering the costs of the program beyond the one-year budget cycle otherwise provided for in the "Local Budget Law." Without providing this change in the local budget law, these funds would lapse into the county budget surplus at the end of any given budget year.
In addition, the bill provides that if the county establishes a "County Tenant Legal Assistance Program" persons hired for that purpose would considered county employees and serve at the pleasure of the appointing authority.
The bill would also require that the governing body of each county that has established a "County Tenant Legal Assistance Program" to establish a public awareness campaign in order to promote public awareness of the program and to promote public awareness of the services provided by Legal Services of New Jersey and its affiliates. If a governing body of a county has chosen not to establish a "County Tenant Legal Assistance Program" the governing body of that county would also be required to establish a public awareness campaign to promote awareness of the services provided by Legal Services of New Jersey and its affiliates.
