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Tuesday, July 15, 2014

2A:42-10.1. Warrant or writ for removal; writ of possession; issuance; stays

2A:42-10.1.  Warrant or writ for removal;  writ of possession; issuance; stays
Notwithstanding any other provisions of law, in any action brought by a landlord against a tenant to recover possession of premises or unit used for dwelling purposes, to which this act is applicable, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise, the judge of the court having jurisdiction shall use sound discretion in the issuance of a warrant or writ for removal or writ of possession, and if it shall appear that by the issuance of the warrant or writ the tenant will suffer  hardship because of the unavailability of other dwelling accommodations the  judge may stay the issuance of the warrant or writ and cause the same to issue  at such time as he shall deem proper under the circumstances, but in no case  shall such judge stay the issuance of any such warrant or writ for possession  for a longer period than 6 months after the date of entry of the judgment of  possession;  provided, however, that in no case shall the issuance of the  warrant or writ be stayed or the stay thereof be longer continued, as the case  may be, if the tenant should (a) fail to pay to the landlord all arrears in  rent and the amount that would have been payable as rent if the tenancy had  continued, together with the accrued costs of the action;  or (b) during the  stay, fail to continue to pay to the landlord the amount of rent that would be  due if the tenancy had continued; or (c) during the stay, become so disorderly  as to destroy the peace and quiet of the other tenants living in the same  building or in the neighborhood;  or (d) during the stay, willfully destroy,  damage or injure the premises.

     L.1956, c. 81, p. 168, s. 1.
2A:42-10.2.  Rent payments not to create new tenancy    In no event shall any payment made by the tenant to the landlord for continued occupancy of any premises or unit, as provided in section 1 of this act, be deemed to create a new tenancy.

     L.1956, c. 81, p. 169, s. 2.
2A:42-10.3.  Applicability    This act shall be applicable only to those premises or units which on June 30, 1956, shall be subject to rent controls pursuant to the State Rent Control Act of 1953, as amended and supplemented, and municipal ordinances enacted thereunder and to any action or proceeding by a landlord against a tenant to recover possession of any such premises or unit.

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