Township of East Brunswick, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Brunswick 1-26-70 as Ord. No. 70-143 as Sec. 4-13 of the Revised General Ordinances. Sections 124-2, 124-4, 124-6A, 124-6B and 124-7B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Antidiscrimination in Housing Ordinance of the Township of East Brunswick."
The Township Council hereby declares it to be the public policy of the Township of East Brunswick to eliminate and prevent discrimination and involuntary segregation based on race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status and to safeguard the right of every person to sell, purchase, lease, sublease, assign, rent or obtain financing for the purchase, lease, sublease or assignment of housing accommodations without regard to race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status and to prohibit discrimination practices and the inciting of unrest, tension and fear with respect to real estate transactions in the Township of East Brunswick.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
As used in this chapter, the following terms shall have the meanings indicated.
BLOCK BUSTING
The practice of inducing owners of real property to sell or list real property for sale because of the actual or rumored advent into the neighborhood of a member of a racial, religious or ethnic group.
HOUSING ACCOMMODATIONS
Any real property permitted for human habitation within the township.
PERSON
Includes one (1) or more individuals, partnerships, associations, corporations, organizations, legal representatives, employees, agents, anyone acting for or on behalf of any person or other legal entities.
UNLAWFUL DISCRIMINATION
Includes those unlawful practices and acts specified herein.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
It shall be unlawful for any person:
(1) 
To refuse to sell, rent, lease, assign or sublease or otherwise deny any housing accommodation to any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status.
(2) 
To refuse to negotiate for the sale, rent, lease, assignment or sublease of any housing accommodation to any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status.
(3) 
To represent that any housing accommodation is not available for inspection, sale, lease, sublease, assignment or rent or to withhold information about any housing accommodation which is, in fact, available for inspection, sale, lease, sublease, rent or assignment or to otherwise deny or withhold any housing accommodation to any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status.
(4) 
To discriminate against any person or persons because of race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any housing accommodation.
(5) 
To directly or indirectly advertise that the purchase or rental by persons of any particular race, color, religion, creed, national origin, ancestry, ethnic origin, sex or marital status is unwelcome, objectionable, unacceptable or not solicited.
(6) 
To use any form of application for purchase, rental, lease, assignment, sublease or financing of any housing accommodation which inquiries into the race, color, religion, creed, national origin, ancestry or ethnic origin of any person.
(7) 
To engage in the practice of block busting, including but not limited to the following:
(a) 
To induce directly or indirectly or attempt to induce directly or indirectly the sale or listing for sale of real property by representing that an adverse change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located.
(b) 
To induce directly or indirectly or attempt to induce directly or indirectly the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion or national origin in the area will or may result in:
[1] 
The lowering of property values.
[2] 
An increase in the criminal or antisocial behavior in the area.
[3] 
A decline in the quality of the schools serving the area.
(c) 
To make any misrepresentations concerning the listing for sale or the anticipated listing for sale, or the sale of real property in the area for the purpose of inducing or attempting to induce the sale or listing for sale of real property.
(d) 
To make any representation to any prospective purchaser that any block, neighborhood or area has, will or might undergo an adverse change with respect to the religious, racial or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.
(e) 
To place a sign purporting to offer for sale any property that is not in fact offered for sale.
(f) 
To advertise for sale or rental property which is nonexistent or which is not actually for sale or rental.
(g) 
To engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.
(h) 
To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this chapter.
(i) 
To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this chapter; or to obstruct or prevent any person from complying with the provisions of this chapter.
B. 
No person, bank or lending institution shall discriminate against any applicant because of race, religion or ethnic background of such applicant or the prospective occupants or tenants of such housing accommodation in the granting, extending or renewing the rates, terms of conditions of any such loan.
C. 
The provisions of this chapter shall not apply to:
(1) 
The rental of a single apartment in a two-family dwelling, one (1) unit of which, at the time, is occupied by the owner as his residence or the household of his family.
(2) 
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, for limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained.
A. 
Any person claiming to be aggrieved by a discriminatory or unfair practice within this township may, by himself or his attorney, make, sign and file a written complaint with the Clerk of the Municipal Court of the township, which complaint shall set forth the basis thereof and specify those sections of the chapter violated.
B. 
The Clerk of the Municipal Court shall cause to be served the complaint upon the defendant pursuant to the rules of the Court and set the matter down for hearing within fifteen (15) days of the service of the complaint.
A. 
Any person who shall violate any of the provisions of § 124-4 shall, for each and every offense, be deemed guilty of a violation and, upon conviction thereof, shall be subject to the penalties provided in Chapter 1, General Provisions, Article I.
Editor's Note: Amended at time of adoption of Code, see Ch. 1, General Provisions, Art. I.
B. 
Any person who sells or rents the housing accommodation in question to anyone other than the complainant after notice that a complaint of discrimination has been filed against such person shall, upon conviction of a violation under such a complaint, be subject to the penalties provided in Chapter 1, General Provisions, Article I.
Editor's Note: Amended at time of adoption of Code, see Ch. 1, General Provisions, Art. I.
C. 
Upon conviction of a violation under this chapter, a violator may, after application to a court of competent jurisdiction, be ordered to make available to the complainant the premises involved.
A. 
In order to prevent the involvement of innocent third parties in the rental or sale of housing accommodations or land in the period after the complaint is filed, but before an order or injunction is obtained, the township may post for fifteen (15) days a notice on the said housing premises or land unless the person or persons charged with discrimination agree in writing not to sell or rent during the pendency of the action or proceeding against such persons.
B. 
Any person who removes, covers or defaces the posted notice shall be subject to the penalties provided in Chapter 1, General Provisions, Article I.
Editor's Note: Amended at time of adoption of Code, see Ch. 1, General Provisions, Art. I.
C. 
In order to prevent the rental or sale of the housing accommodation or land in violation of this chapter, the legal representative of the complainant may seek from a court of competent jurisdiction a temporary injunction or restraining order to prevent the disposition of the premises to other than the complainant during the pendency of the complaint alleging discrimination.
In no instance shall any complainant hereunder be precluded from pursuing his lawful remedies under the New Jersey Fair Housing Law, N.J.R.S. 18:25-4 et seq. or any other similar New Jersey statute.
Editor's Note: N.J.R.S. 18:25-4 was renumbered in 1968 to be N.J.R.S. 10-5-4.