Tenant advocates led by Volunteer Lawyers for Justice (VLJ) secured a significant win on behalf of tenants in a recent New Jersey Appellate Division opinion affirming the rights of tenants facing eviction for non-payment of rent. In Fairkings Partners, LLC v. Essence L. Daniels, the Appellate Division adopted the interpretation of a recent law, known as the “Stack Amendment,” advanced by VLJ and amicus curiae Seton Hall University School of Law, Center for Social Justice, Housing Justice Project, represented by the Lowenstein Center for the Public Interest. The Court agreed with our interpretation that under the Stack Amendment, tenants can avoid eviction and remain in their homes by paying the amount of rent the landlord-tenant court determined was due when it entered a judgment.
The Appellate Division rejected the landlord's argument that payment must include the amount set forth in the judgment plus any rent that accrued afterward. The Court stated: “Requiring tenants to pay more than the amount set forth in the [judgment] would create uncertainty and could impose unreasonable financial burdens on residential tenants. The tenant only has three business days to make the payment. Accordingly, the tenant needs to know the exact amount of the payment.”
The decision ensures that New Jersey’s remedial eviction statutes are construed liberally in favor of the tenant, promoting judicial clarity and fairness.
Parth M. Parikh argued the case for amicus curiae and Natalie J. Kraner joined Parikh on the amicus brief.
About the Lowenstein Center for the Public Interest
From its founding, Lowenstein Sandler has been committed to advancing the public interest and serving communities in need. The Lowenstein Center for the Public Interest embodies this commitment, directing the firm’s strong pro bono program and other forms of civic and philanthropic engagement. Through these efforts, the center addresses significant social problems and offers meaningful assistance to low-income and other marginalized people, along with the organizations that advocate for and support them. This work engages the full range of the firm’s talents and reflects the core values that imbue all of the firm’s efforts: to perform work of the highest quality in a manner that maximizes results for our clients and causes.
About Volunteer Lawyers for Justice (VLJ)
VLJ is an award-winning, comprehensive nonprofit legal services program based in Newark, NJ, with a statewide reach. VLJ's mission is to ensure access to justice for people experiencing poverty. The Newark-based organization ensures fair access to the legal system through partnerships with corporations and hundreds of volunteer attorneys. In 2024, VLJ’s work impacted nearly 4,500 people—including 1,661children—and its volunteer attorneys donated $2.2 million in free legal services. To learn more, please visitvljnj.org and connect with VLJ on Facebook, Instagram, LinkedIn, and YouTube.
