2C:33-11.1 Certain actions relevant to evictions, disorderly persons offense.
a. A person commits a disorderly persons offense if, after being
warned by a law enforcement or other public official of the illegality
of that action, the person (1) takes possession of residential real
property or effectuates a forcible entry or detainer of residential real
property without lawful execution of a warrant for possession in
accordance with the provisions of section 2 of P.L.1974, c.47
(C.2A:42-10.16) or without the consent of the occupant solely in
possession of the residential real property; or (2) refuses to restore
immediately to exclusive possession and occupancy any such occupant so
displaced. Legal occupants unlawfully displaced shall be entitled
without delay to reenter and reoccupy the premises, and shall not be
considered trespassers or chargeable with any offense, provided that a
law enforcement officer is present at the time of reentry. It shall be
the duty of such officer to prevent the landlord or any other persons
from obstructing or hindering the reentry and reoccupancy of the
dwelling by the displaced occupant.
As used in this section, forcible entry and detainer means to enter upon
or into any real property and detain and hold that property by:
(1) any kind of violence including threatening to kill or injure the party in possession;
(2) words, circumstances or actions which have a clear intention to
incite fear or apprehension or danger in the party in possession;
(3) putting outside of the residential premises the personal effects or furniture of the party in possession;
(4) entering peaceably and then, by force or threats, turning the party out of possession;
(5) padlocking or otherwise changing locks to the property;
(6) shutting off, or causing to be shut off, vital services such as, but
not limited to, heat, electricity or water, in an effort to regain
possession; or by
(7) any means other than compliance with lawful eviction procedures
pursuant to section 2 of P.L.1974, c.47 (C.2A:42-10.16), as established
through possession of a lawfully prepared and valid Execution of
Warrant.
b. A person who is convicted of an offense under this section more than
once within a five-year period is guilty of a crime of the fourth
degree.
L.2005,c.319,s.3.
