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New Jersey Statutes, Title: 38, MILITIA--SOLDIERS, SAILORS AND MARINES
Chapter 23c: Policy
Section: 38:23c-13: Eviction or distress of spouse, children or dependents; stay; penalty
a. No eviction or distress shall be made during the period of military service in respect of any premises for which the agreed rent does not exceed $150.00 per month, occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a person in military service, except upon leave of court granted upon application therefor or granted in any action or proceeding affecting the right of possession.
b. On any such application or in any such action the court may, in its discretion, on its own motion, and shall, on application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of military service, stay the proceedings for not longer than 3 months, as provided in this act, or it may make such other order as may be just.
c. Any person who shall knowingly take part in any eviction or distress otherwise than as provided in paragraph a. of this section, or attempts so to do, shall be adjudged a disorderly person, and shall be punishable by imprisonment not to exceed 6 months or by fine not to exceed $1,000.00, or both.
L.1979, c. 317, s. 13, eff. Jan. 18, 1980.
This section added to the Rutgers Database: 2012-09-26 13:37:51.
Older versions of 38:23c-13 (if available):
Court decisions that cite this statute:
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