[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank by Ord. No. 241-70; amended in its entirety by Ord. No. 1990-17 (Secs. 12-1 and 12-4.2 of the 1987 Revised General Ordinances). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
- HOUSING ACCOMMODATION
- Any place permitted for human habitation.
- Includes natural persons, firms, partnerships, corporations, associations or other artificial bodies, forms of business designated or known as cooperatives, trustees, receivers and officers, employees, agents, and others acting for or on behalf of any person.
- REAL PROPERTY
- Includes real estate, lands, tenements and/or hereditaments.
- UNLAWFUL DISCRIMINATION
- Includes only those unlawful practices and acts specified herein as violations of this chapter.
It shall be an unfair or discriminatory practice for any owner, or person acting for or on behalf of any owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salesmen, attorneys, agents, auctioneers or representatives by power of attorney or appointment, or any person acting under court order or will or any other such person:
To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, religion or national origin of such person.
To represent that any housing accommodation or real property is not available for inspection, sale or lease, when, in fact, it is so available or otherwise deny or withhold information about any housing accommodation or real property or any facilities of any housing accommodations or real property which is available for inspection, sale, rental or lease, from any person or group of persons because of the race, color, creed, religion or national origin of such person.
To discriminate against any person because of his race, color, creed, religion or national origin in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or housing accommodation or in furnishing of facilities or services in connection therewith.
To directly or indirectly advertise or in any other manner indicate or publicize that the purchase, rental, accommodation or any part, portion or interest there, by persons of any particular race, color, creed, religion or national origin, is unwelcome, objectionable, unacceptable or not solicited.
To use any form of application for the purchase, rental or lease of any housing accommodation or real property, or make any record of inquiry in connection with prospective purchase, rental or lease of any housing accommodation or property which expresses, directly or indirectly, any limitation specification or discrimination as to race, color, creed, religion or national origin, or any intent to make such limitation, specification or discrimination.
No person, private banker, bank or financial institution or lender doing business in the Borough, or any officer, agent or employee thereof to whom application is made for the lending of money for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or property shall:
Discriminate against any such applicant because of the race, creed, color, religion or national background of such applicant, or the prospective occupants or tenants of such housing accommodation or property in the granting, extending or renewing the rates, terms or conditions of any such loan.
Use any form or application for such loan or make any record or inquiry in connection with applications therefor which expresses, directly or indirectly, any limitation, specification or discrimination because of race, creed, color, religion or national origin.
Religious and charitable organizations.
Nothing herein contained shall be construed to bar any religious institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, in the sale, lease or rent of real property from limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as calculated by such organization to promote the religious principles for which it is established or maintained.
Nothing herein contained shall be construed to apply to any person who owns a one- or two-family dwelling in which he then resides, who wishes to lease one or more rooms or apartment units in such dwelling to any other person.
It shall be unfair or discriminatory practice for:
Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter.
Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, religion or national origin by this chapter, because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter or has filed a charge, testified or assisted in any proceeding under this chapter.
Any person claiming to be aggrieved by a discriminatory or unfair practice within this Borough may, by himself or his attorney, make, sign and file a written complaint with the Administrator of the Municipal Court of the Borough, which complaint shall set forth the basis thereof and specify those sections of the chapter violated. Any complaint filed under this chapter shall be filed within 90 days after the most recent act constituting the alleged discriminatory or unfair practice.
The Administrator of the Municipal Court shall promptly give notice to the party complained of by mailing or delivering a copy of the complaint to such person at his last known address and shall fix a day for a hearing with respect to such complaint not later than 15 days from the filing thereof.
Any person who violates any provision of §§ 404-1 through 404-4 of this chapter shall, upon conviction, be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Code of the Borough of Red Bank. Each and every offense shall be deemed to be and constitute a separate and distinct violation of this chapter.
In addition to the penalties hereinabove provided in the case of conviction under this chapter, upon any four convictions for violations of this chapter, the premises in or upon which the violations occurred shall be deemed a nuisance and the owners, tenants and occupants of such premises shall be liable for the penalties and additional penalties provided for the maintenance of nuisances and in accordance with such acts made and provided.