[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:
A person who has filed a complaint under § 404-4 of this chapter.
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.
Includes real estate, lands, tenements and/or hereditaments.
Includes only those unlawful practices and acts specified
herein as violations of this chapter.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
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:
(1)
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.
(2)
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.
C.
Religious and charitable organizations.
(1)
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.
D.
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:
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.[1]
B.
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.
