[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 668 (§ 3-6 of the 1987 Code).
Amendments noted where applicable.]
The Borough Council hereby declares it to be
the public policy of the Borough to eliminate and prevent discrimination
and involuntary segregation based on race, religion, creed or ethnic
origin and to safeguard the right of every person to sell, purchase,
lease, rent or obtain financing for the purchase or lease of housing
accommodation without regard to race, religion, creed or ethnic origin.
As used in this chapter, the following terms
shall have the meaning indicated:
The practice of inducing owners of property to sell 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
Borough.
Those unlawful practices and acts specified herein.
It shall be unlawful for any person:
A.
To refuse to sell, lease, assign or sublease any housing
accommodation to any person because of race, religion or ethnic origin.
B.
To falsely represent that any housing accommodation
is not available for inspection, sale, rent, or withhold information
about any housing accommodation which is available for inspection.
C.
To discriminate against any person in the terms, conditions,
or privileges of the sale, rental, lease assignment or sublease of
any housing accommodation.
D.
To directly or indirectly advertise that the purchase
or rental by persons of any particular race, religion or ethnic origin
is unwelcome, objectionable, unacceptable or not solicited.
E.
To use any form of application for purchase, lease
or financing of any housing accommodation which inquires into the
race, religion or ethnic origin of any person.
F.
To engage in the practice of block busting, including
but not limited to:
(1)
Induce or attempt to induce the sale of housing accommodations
by representing that an adverse change has or may occur because of
the racial, religious or ethnic composition of the neighborhood.
(2)
Misrepresent by listing property for sale for the
purpose of inducing the sale of other property.
(3)
Represent to a prospective purchaser that a neighborhood
might undergo an adverse change due to racial, religious or ethnic
composition of the neighborhood.
(4)
Advertise for sale or rent nonexistent property or
property which is actually not for sale or rent.
(5)
Commit acts of any nature which might coerce or create
fear with the purpose of inducing the sale of property.
(6)
Engage in any form of reprisal against any person
who has filed a complaint, testified or participated in any investigation,
proceeding or conference conducted under the provisions of this chapter.
G.
No person, bank or lending institution shall discriminate
against any applicant because of race, religion or ethnic background
or the prospective occupants or tenants of any housing accommodation
in the granting, extending or renewing the rates, terms or conditions
of any loan.
The provisions of this chapter shall not apply
to:
A.
The rental of a single apartment in a dwelling of
two families or less, the other unit of which at the time is occupied
by the owner as his residence or the household of his family.
B.
The rental of a room to another person by the owners
or occupant of a one family dwelling occupied by him, at the time,
as his residence or the household of his family.
C.
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.
Any person who aids, abets, counsels, commands,
induces or procures another to violate any of the provisions of this
chapter shall be punishable as a principal.
A.
Any person claiming to be aggrieved by a discriminatory
or unfair practice, may, within 60 days, personally or by his attorney
at law either file a complaint with the Municipal Court and/or file
a verified complaint with the Human Rights Commission of the Borough,
setting forth the name and address of the person charged with the
offense; the particulars thereof and such other information as may
be required by the Human Rights Commission. In the event a complaint
is filed with the Human Rights Commission, then:
(1)
The Human Rights Commission shall cause a prompt investigation
to be made of the charges.
(2)
If the Human Rights Commission shall determine that
no probable cause exists, it shall within 10 days thereafter give
written notice of its determination to the principals involved.
(3)
If the Human Rights Commission determines that probable
cause does exist, it shall endeavor to eliminate the unlawful discrimination
by conference or conciliation or, advise complainant to file a complaint
with the Municipal Court of Highland Park. Said complaint must be
filed forthwith and under no circumstances later than 90 days after
the date of the last act constituting a part of the offense.
(4)
No determination of the Human Rights Commission shall
be evidential or binding upon the Municipal Court of the Borough.
A.
Upon conviction, a violator shall make available to
the complainant the premises involved. His refusal to do so, if the
premises are available, shall constitute a separate violation.
Nothing contained in this chapter shall prevent
any person from instituting proceedings before any commission or state
agency to seek other redress under the applicable existing laws of
the State of New Jersey.
