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In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction

Nicole Wilmet, May 28th, 2021

In April, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19. The new legislation encourages the use of alternative dispute resolution (ADR) and modifies the landlord-tenant code in a few ways by: 

  1. Extending the deadline in notices of termination of a rental agreement from five days to fifteen days to allow time for mediation;
  2. Requiring landlords to provide a copy of the termination of a rental agreement which they serve to tenants to a mediation center that provides free landlord-tenant mediation; and  
  3. Requiring landlords to delay filing an action for repossession during the fifteen days after providing notice to the tenant to allow the tenant time to agree to or attempt to schedule a mediation.

The bill also implements several restrictions on when a landlord can exercise different remedies depending on the amount of back rent that is due and the timing in relation to the governor’s eviction moratorium. Finally, the bill notes that these amendments will be repealed one year after the governor’s final eviction moratorium expires, or on December 31, 2022, whichever is sooner.  Currently, the bill is awaiting signature from the governor. 

Posted in Court ADR Across the U.S., Eviction Mediation, State Legislation | No Comments »

Nebraska Updates Legislation to Include Restorative Justice

Nicole Wilmet, July 19th, 2019

In May, the Nebraska legislature passed an alternative dispute resolution bill that, in part, updates the state’s Dispute Resolution Act, Juvenile Code, and Student Discipline Act to include restorative justice provisions and expand the Office of Dispute Resolution’s authority to utilize restorative justice. The updated Dispute Resolution Act now requires the Office of Dispute Resolution director to support the implementation, development, promotion and evaluation of restorative justice at ADR centers. Individuals approved to be restorative justice facilitators at these centers are required to complete 30 hours of basic mediation training and must also undergo additional restorative justice focused training in topics including, but not limited to, restorative justice basics, trauma-informed practices, juvenile developmental characteristics and crime victimization.

The bill also updates the Dispute Resolution Act to include a privilege for communications made during or in connection with cases referred to restorative justice programs. The new bill also provides definitions for restorative justice and restorative justice facilitator in both the Dispute Resolution Act and Juvenile Code and further defines victim conferencing in the Juvenile Code.

Updates to the Juvenile Code include providing restorative justice as an option in juvenile cases and permitting courts to order juveniles for assessment and referral to restorative justice programs. Additionally, the newly updated Juvenile Code permits county/city attorneys to utilize restorative justice services as a part of diversion. Finally, the new legislation updates the Student Discipline Act and permits school districts to refer students to restorative justice practices and services to address behavioral issues. The bill was signed into law by Governor Pete Ricketts on May 21, 2019 and may be read in full here.

Posted in Court ADR Across the U.S., Restorative Justice, State Legislation | No Comments »

Wisconsin Assembly Considers Bill that Would Require Proposed Parenting Plans to Be Submitted Before Mediation

Nicole Wilmet, May 28th, 2019

In Wisconsin, in any family law cases, including cases where legal custody or physical placement is contested, parties are required to attend at least one session of mediation. If the parties are unable to reach an agreement during this initial mediation session (or if mediation has been waived due to hardship or safety concerns), the parties are then required to file a parenting plan with the court. These parenting plans are required to contain a variety of information including the type of legal custody or physical placement sought, the child support and maintenance needed, as well as information on the parent’s current residence, employment, how the child’s medical expenses will be paid, and a proposed holiday placement schedule for the child.

The Wisconsin Assembly recently introduced a bill that would modify the parenting plan requirements and the timeline for mediation. Under the proposed legislation, each party would be required to submit a proposed parenting plan at least ten days prior to the initial mediation session. As a result, under this new schedule, mediators would discuss the content of these proposed parenting plans with the parties during their initial mediation session. The proposed bill also makes changes to the required contents of the parenting plans. Under the proposed bill, parenting plans would no longer be required to include information on the type of child support and maintenance sought or contain information about how the child’s medical expenses will be paid. Instead, the proposed bill would require parenting plans to include specific details about the various costs expected to be incurred by or on behalf of the child. In a recent video, Representative Robert Brooks and Senator Lena Taylor further discuss this bill, as well as four other proposed bills that address child custody and support.

Posted in Family, State Legislation | No Comments »

Update: New Jersey Foreclosure Legislative Package Signed Into Law

Nicole Wilmet, May 24th, 2019

In March, I reported on a package of ten bills being considered by the New Jersey legislature that would reform the state’s residential mortgage foreclosure process. The bills were built on recommendations from a Special Committee on Residential Foreclosures that examined the state’s foreclosure practices, policies, court rules and legislation and made suggestions for improvement. Since March, a handful of the original ten bills underwent slight modifications and currently, one of the initial bills is still under consideration. At the end of April, New Jersey Governor Phil Murphy signed a modified nine-bill package into law. Notably, one of the bills in the package codifies and makes permanent the state’s Foreclosure Mediation Program. Additional information about the other bills in the package can be found here.

Posted in Foreclosure Mediation, State Legislation | No Comments »

New Jersey Legislature Tackles State’s High Foreclosure Rate

Nicole Wilmet, March 21st, 2019

Despite employing a number of practices in response to the mortgage crisis in 2008, New Jersey has had one of the highest foreclosure rates among all states since 2015. In a continued effort to address this issue, New Jersey Chief Justice Stuart Rabner established a Special Committee on Residential Foreclosures in 2017 to review current practices, policies, court rules and legislation and develop suggestions for reform. Last year, the Committee released its report, which summarizes the history and current state of foreclosure in New Jersey and includes recommendations for reform. Towards the end of their report, the Committee notes that not only do unresolved foreclosures lead to thousands of cases remaining on court dockets, but they also depress property values, burden municipalities and reduce tax revenues.

Building on the recommendations from the Committee, the New Jersey legislature is currently considering a ten-bill package that would reform the residential mortgage foreclosure process. Introduced at the end of January, this package of ten bills seeks to expedite the foreclosure process, decrease the amount of time foreclosed properties remain on the market, and make the foreclosure mediation program permanent. The following chart summaries each bill being considered.

Bill Number

Summary

S3411

 Recommends revising the Fair Foreclosure Act (“FFA”) to require that notices of intention to foreclose are filed at least 30 days (but no more than 180 days) before foreclosure commences. Additionally, the bill also requires that these notices also include a notice to homeowners that they are entitled to housing counseling through the Foreclosure Mediation Program.

S3412

 Requires the Department of Community Affairs to create a database with an interactive map that details the foreclosed properties in the state. To fund this database, this bill also establishes a $30 fee that would be collected when deeds are recorded.

S3413

 Modifies the foreclosure process to expand the definition of what constitutes a vacant and abandoned property and requires that sales of foreclosed properties occur within 60 days of a foreclosure judgment.

S3414

 Allows all common interest community associations to record liens for unpaid assessments.

S3415

 Requires creditors and their in-state agents to file their contact information with the Superior Court.

S3416

 Clarifies that the New Jersey Residential Mortgage Lending Act also applies to any out-of-state person involved in residential mortgage lending in the state.

S3417

 Requires anyone acting as a mortgage servicer to obtain a license from the state Department of Baking and Insurance.

S3418

 Reduces the statute of limitations for residential mortgage foreclosure actions under the FFA from 20 years to six years from the date on which the homeowner defaulted.

S3464

 Focuses on expediting residential mortgage foreclosure proceedings. Under this bill, sheriffs would be required to conduct foreclosure sales within 120 days of receiving orders to foreclose.

S1244

 Codifies the Foreclosure Mediation Program and makes several adjustments to the program. These changes include notifying homeowners about the program when they receive their intent to foreclose and again when a mortgage foreclosure complaint has been filed against a property. The bill also requires that these written notices must be available in both English and Spanish.

Although these bills have several more hurdles to pass before becoming law, their introduction indicates cooperation among the executive, legislative and judicial branches during the state’s foreclosure reformation.

Posted in Court ADR Across the U.S., Foreclosure Mediation, State Legislation, Uncategorized | No Comments »

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