Eviction in lieu of TRA

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Eviction in lieu of TRA

Rashad Ellis
North NJ · Member since 2015 · 100 posts · 28 votes

I have a tenant who had SOTA for his first year lease term. Of course he got injured and couldnt work when the assistance expired and wasnt paying. I filed a non payment eviction, was awarded judgement and warrant of removal. He was accepted for TRA which i refused to accept. The judge said he cannot order me to accept TRA because their specific landlord application has provisions that make landlords waive certain rights. This tenant's lawyer filed a case against TRA with an Administrative law judge, for TRA to modify their application so that it doesn't require landlord to waive those rights because it was not supported by NJ state law or guidelines. They filed 2 motions resulting in extensions of my warrant of removal. Finally, they won against TRA and the application was modified. It was sent to me from the attorney, not the judge. The stay that they were granted has expired. My question is, must I now accept it and fill out the application, or should I let a judge order me to? Can I move forward with the warrant of removal anyway? If I do accept TRA, some of the personal info requested, I do not feel comfortable submitting through the tenant.

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  • Ricardo R.Pro Member
    Property Manager · Michigan Ctr, MI · Member since 2016 · 663 posts · 581 votes
    10mo

    Rashad, you’re in one of those classic “NY/NJ tenant-aid program limbo” situations where everyone keeps punting the ball back to you.

    Here’s the simple breakdown:

    1. You are not required to accept TRA unless a judge orders you to.
    The housing judge already told you he cannot force you to accept TRA because of the original waiver provisions. That part hasn’t changed. The ALJ decision only forced TRA to modify their paperwork — it didn’t suddenly create a legal duty for you to participate.

    If you haven’t agreed to accept TRA, then you still haven’t accepted it. Nothing in that ALJ ruling overrides your choice.

    2. The stay expired — so your warrant is live again.
    If the administrative stay has fully expired and there’s no active court order stopping you, the marshal can proceed. The only thing that would stop the eviction now is the tenant filing something new in court and getting another stay.

    If you’re unsure whether the stay is 100% cleared, your attorney or the court clerk can confirm the docket.

    3. You do NOT need to fill out TRA paperwork unless you voluntarily choose to.
    The paperwork coming from the attorney means nothing legally — they’re hoping you’ll just sign it now that it’s been “fixed.” But unless a judge directs you to submit it, it’s still optional.

    4. If you don’t want to deal with TRA or submit personal info through the tenant, then proceed with the warrant.
    You’ve already won the case. You’re not obligated to become part of a housing subsidy program, especially one that requires handing over sensitive info through third parties.

    5. If you do want the guaranteed money and to avoid turnover costs, you can accept TRA — but it’s a choice, not a mandate.
    Just make sure you submit the paperwork directly to the agency, not filtered through the tenant. You can request a secure upload link from TRA.

    Bottom line:
    You do not have to participate in TRA unless a housing judge explicitly orders you to. If the stay expired and there’s no new order, you can proceed with the eviction. Rashad, I really hope this helps you a bit, tried to organize it a bit to be easier to read, I sent you a DM on BP... it's one of the reasons I do this, I hope you can assist. Thank you in advance. 

    [email protected]810-844-1104
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