Rutgers Law

New Jersey Statutes, Title: 2C, THE NEW JERSEY CODE OF CRIMINAL JUSTICE

    Chapter 33: Riot; failure to disperse

      Section: 2C:33-11.1: Certain actions relevant to evictions, disorderly persons offense.

          
3. a. A person commits a disorderly persons offense if, after being warned by a law enforcement or other public official of the illegality of that action, the person (1) takes possession of residential real property or effectuates a forcible entry or detainer of residential real property without lawful execution of a warrant for possession in accordance with the provisions of section 2 of P.L.1974, c.47 (C.2A:42-10.16) or without the consent of the occupant solely in possession of the residential real property; or (2) refuses to restore immediately to exclusive possession and occupancy any such occupant so displaced. Legal occupants unlawfully displaced shall be entitled without delay to reenter and reoccupy the premises, and shall not be considered trespassers or chargeable with any offense, provided that a law enforcement officer is present at the time of reentry. It shall be the duty of such officer to prevent the landlord or any other persons from obstructing or hindering the reentry and reoccupancy of the dwelling by the displaced occupant.

As used in this section, "forcible entry and detainer" means to enter upon or into any real property and detain and hold that property by:

(1) any kind of violence including threatening to kill or injure the party in possession;

(2) words, circumstances or actions which have a clear intention to incite fear or apprehension or danger in the party in possession;

(3) putting outside of the residential premises the personal effects or furniture of the party in possession;

(4) entering peaceably and then, by force or threats, turning the party out of possession;

(5) padlocking or otherwise changing locks to the property;

(6) shutting off, or causing to be shut off, vital services such as, but not limited to, heat, electricity or water, in an effort to regain possession; or by

(7) any means other than compliance with lawful eviction procedures pursuant to section 2 of P.L.1974, c.47 (C.2A:42-10.16), as established through possession of a lawfully prepared and valid "Execution of Warrant."

b. A person who is convicted of an offense under this section more than once within a five-year period is guilty of a crime of the fourth degree.

L.2005,c.319,s.3.



This section added to the Rutgers Database: 2013-06-10 16:36:30.

Older versions of 2c:33-11.1 (if available):

Court decisions that cite this statute: CLICK HERE.