FOR IMMEDIATE RELEASE
December 11, 2025
CONTACT
Eric W. Hughes
Director of Communications
Volunteer Lawyers for Justice
(973) 233-5724
ehughes@vljnj.org
Volunteer Lawyers for Justice Secures Landmark Appellate Victory Protecting Tenants from Eviction
Newark, NJ – Volunteer Lawyers for Justice (VLJ) is pleased to announce a significant win in the New Jersey Appellate Division, which issued a published opinion affirming the rights of tenants facing eviction for non-payment of rent. In the case of Fairkings Partners, LLC v. Essence L. Daniels, the Appellate Division upheld the trial court’s ruling, confirming a key interpretation of the Fair Eviction Notice Act’s “Stack Amendment” (N.J.S.A. 2A:42-10.16a).
VLJ Managing Attorney Allison Nolan, co-counseling with CJ Griffin of Pashman Stein Walder Hayden P.C., successfully argued that under the Stack Amendment, tenants can avoid eviction and remain in their housing by paying the amount of rent due at the time the Judgment for Possession was entered. Additionally, Parth M. Parikh (Lowenstein Sandler LLP) argued the case for amicus curiae Seton Hall Law’s Center for Social Justice Housing Justice Project (Natalie J. Kraner of Lowenstein Sandler joined Parth on the amicus brief).
A Clear Path to Housing Stability
The core legal dispute centered on the interpretation of the Stack Amendment that allows a tenant facing eviction for non-payment of rent a three-business-day period after a warrant of removal is posted to submit a rent payment to prevent a lockout. The landlord argued this payment must include the amount set forth in the Judgment for Possession (JOP) plus any rent that accrued afterward.
The Appellate Division, in an opinion delivered by Presiding Judge Gilson, rejected the landlord's argument, affirming the trial court’s decision that the payment is limited to the amount fixed in the Judgment.
“This ruling is a powerful affirmation that the Stack Amendment is intended to give tenants facing eviction a way to preserve their housing,” said Allison Nolan, VLJ Managing Attorney. “By fixing the required payment amount to the amount in the Judgment of Possession, the Appellate Division has created a clear, consistent, and achievable standard for tenants to pay only what is necessary to save their homes. We are incredibly proud to have secured this high-impact victory, thanks to the powerful partnership of Pashman Stein Walder Hayden P.C., Lowenstein Sandler LLP, and Seton Hall Law’s Center for Social Justice, for our client and for tenants across New Jersey.”
Impact and Significance
The court’s decision ensures that New Jersey’s remedial eviction statutes are construed liberally in favor of the tenant, promoting judicial clarity and fairness.
Fixed Amount: The ruling establishes that to utilize the statutory right provided by the Stack Amendment, a tenant must only pay the amount of rent judicially determined to be due and owing as identified in the JOP.
Preventing Uncertainty: The court agreed with VLJ’s argument that requiring tenants to pay a constantly accruing amount beyond the JOP sum would create uncertainty and impose unreasonable financial burdens, undermining the protective purpose of the Stack Amendment.
Promoting Judicial Economy: The Appellate Division noted this interpretation streamlines the resolution of eviction cases, conserving judicial resources and minimizing unnecessary disputes.
The court stated: “Requiring tenants to pay more than the amount set forth in the JOP 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 full published opinion can be accessed here: njcourts.gov/attorneys/opinions/published-appellate
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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 1,661 children—and its volunteer attorneys donated $2.2 million in free legal services. Connect with VLJ on Facebook, Instagram, LinkedIn, and YouTube.