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Executive Order No. 151

By Jennifer L. Alexander, Esq. June 8, 2020 Posted in Firm News

On June 4, 2020, Governor Phil Murphy signed Executive Order No. 151. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, extended on April 7, 2020 through Executive Order No. 119, and extended further on May 6, 2020 through Executive Order No. 138. Pursuant to Section 26:13-3(b), of the Emergency Health Powers Act, public health emergencies  declared by the Governor shall automatically terminate after 30 days, unless renewed for an additional 30 days through a declaration of the Governor.   

Executive Order No. 151 extends all Executive Orders issued under the Governor’s authority under the Emergency Health Powers Act, including Executive Order Nos. 104-133, 135-138, and 140-150 (2020). It also extends all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak.

“As we move forward with our restart and recovery plan, maintaining access to all resources available is essential,” said Governor Murphy. “Extending the Public Health Emergency allows us to continue to work to save lives, while safely and securely reopening our state’s economy.”

The Executive Order further acknowledges Governor Murphy’s, multi-stage, “New Jersey’s Road Back Plan” (the “Plan”). In line with the Plan, the State has been able to relax a number of restrictions, each tailored to the relative risk the activities present, and is lifting additional restrictions with an effective date of June 15, 2020.” Allowing for a methodical and strategic reopening of businesses and activities based on scientific data and metrics concerning the level of disease transmission risk and essential classification.

This Order also has further delayed evictions and foreclosures. Governor Murphy signed Executive Order 106 on March 19th. This Order prevented the removal of any lessee, tenant, homeowner or any other person from a residential property as a result of eviction or foreclosure proceeding. Executive Order 106 remains “in effect for no longer than two months following the end of the Public Health Emergency or State of Emergency established by Executive Order No. 103 (2020), whichever ends later, unless this Order is first revoked or modified by the Governor in a subsequent executive order.” This means that by extending the Public Health Emergency, evictions and foreclosures are delayed thirty (30) days, unless Executive Order 106 is revoked earlier.

 

The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances.  Each legal matter is unique, and prior results do not guarantee a similar outcome.

 

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