[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.
As used in this chapter, the following terms shall have the
meanings indicated.
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.
Any real property permitted for human habitation within the
township.
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.
Includes those unlawful practices and acts specified herein.
A.Â
It shall be unlawful for any person:
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
To engage in the practice of block busting, including but not limited
to the following:
(a)Â
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)Â
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:
(c)Â
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)Â
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)Â
To place a sign purporting to offer for sale any property that
is not in fact offered for sale.
(f)Â
To advertise for sale or rental property which is nonexistent
or which is not actually for sale or rental.
(g)Â
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)Â
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)Â
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.Â
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.Â
The provisions of this chapter shall not apply to:
(1)Â
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)Â
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.Â
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.Â
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.Â
B.Â
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.
C.Â
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.Â
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.
C.Â
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.
