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By Jennifer L. Alexander, Esq. March 18, 2021 Posted in Landlord/Tenant Law

On March 17, 2021, New Jersey Governor Phil Murphy signed NJ Exec. Order No. 231 (2021). The executive order extends the current Public Health Emergency related to COVID‑19 for an additional thirty (30) days.

While this order does not change the current status quo, it does prolong the return to legal normalcy in the State. Specifically, the current moratorium on residential evictions in the State—put into place by NJ Exec. Order No. 106 (2020)—is extended. Because the moratorium remains in effect until sixty (60) days after the Public Health Emergency comes to an end, most evictions in New Jersey will continue to be on hold until at least June 16, 2021.

Importantly, NJ Exec. Order No. 231 (2021) also extends the requirement that people in the state wear face coverings in public, the indoor capacity limits for certain businesses.

In regard to indoor capacity limits, on March 11, 2021, the Governor signed NJ Exec. Order No. 230 (2021). This executive order increases indoor capacity limits from thirty-five percent (35%) of a room’s capacity to fifty percent (50%) for certain business (e.g., recreational business, fitness centers, etc.). Previous NJ Exec. Order No. 181 (2020), which created capacity limits for fitness centers, did not apply to those gyms in multifamily residential complexes. However, whether out of caution of the safety of their residents, or caution for the particularities of the law, many apartments chose to limit their capacity to thirty-five percent (35%) nonetheless. Legally, now, there is no prohibition on apartment gyms limiting capacity below fifty percent (50%).

If you have any questions about how any of these executive orders affect you, your business, or your residents, feel free to contact us. Our attorneys, at Griffin Alexander, P.C., are experienced in landlord-tenant law, and how the new COVID‑19 protocols and executive orders affect apartments throughout the State.


The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances.  Each legal matter is unique, and prior results do not guarantee a similar outcome.


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