[R.O. 1966 C.S. § 15:14-1]
This chapter shall be known as the "Fair Housing and Public
Accommodation Regulations."
[R.O. 1966 C.S. § 15:14-2]
The Council finds that:
a.
The population of the City of Newark consist of people of every race,
color, religion and national origin, many of whom are discriminated
against in public accommodations and in obtaining adequate housing
facilities;
b.
Discrimination in housing results in overcrowded, segregated areas,
under substandard, unsafe, unsanitary living conditions;
c.
Discrimination in places of public accommodation causes embarrassment
and inconvenience to citizens and visitors of the City, creates breaches
of the peace, and is otherwise detrimental to the welfare and economic
growth of the City of Newark;
d.
In order to assure that all persons regardless of race, color, or
creed, enjoy the full benefits of citizenship and are afforded equal
opportunities for housing and the use of public accommodations, it
is necessary that appropriate legislation be enacted.
[R.O. 1966 C.S. § 15:14-3]
As used in this chapter:
Shall mean the Council established in Section 2:2-27, Office of Affirmative Action.
Shall mean subject to being ordered as an individual or member
of an organized unit into active service in the armed forces of the
United States by reason of membership in the national guard, naval
militia, or a reserved component of the armed forces of the United
States, or subject to being inducted into such armed forces through
a system of national selective service.
Shall mean and include one or more individuals, partnerships,
associations, organizations, corporations, legal representatives,
trustees, trustees in bankruptcy, receivers and fiduciaries.
Shall mean and include but not be limited to: any tavern,
road house, hotel, motel, trailer camp, summer camp, day camp, or
resort camp, whether for entertainment of transient guests or accommodation
of those seeking health recreation or rest; any producer, manufacturer,
wholesaler, distributor, retail shop, store, establishment, or concession
dealing with goods or services of any kind; any restaurant, eating
house, or place where food is sold for consumption on the premises;
any place maintained for the sale of ice cream, ice and fruit preparations
or their derivatives, soda water or confections, or where any beverages
of any kind are retailed for consumption on the premises; any garage,
any public conveyance operating on land or water, or in the air, any
stations and terminals thereof; any bathhouse, boardwalk or seashore
accommodation; any auditorium, meeting place or hall; any theater,
motion-picture house, music hall, roof garden, skating rink, swimming
pool, amusement and recreation park, fair, bowling alley, gymnasium,
shooting gallery, billiard and pool parlor, or other place of amusement;
any comfort station; any dispensary, clinic or hospital; any public
library; any kindergarten, primary and secondary school, trade or
business school, high school, academy, college and university. Nothing
herein contained shall be construed to include or to apply to any
institution, bona fide club, or place of accommodation, which is in
its nature distinctly private; nor shall anything herein contained
apply to any educational facility operated or maintained by a bona
fide religious or sectarian institution, and the right of a natural
parent or one in loco parentis to direct the education and upbringing
of a child under his/her control is hereby affirmed; nor shall anything
herein contained be construed to bar any private, secondary, or post-secondary
school from using in good faith criteria other than race, creed, color,
national origin or ancestry, age, liability of service in the armed
forces of the United States, sex, and marital status, in the admission
of students.
Shall mean and include a person, firm or corporation who,
for a fee, commission or other valuable consideration, or by reason
of promise or reasonable expectation thereof, lists for sale, sells,
exchanges, buys or rents or offers or attempts to offer a sale, exchange,
purchase, or rental of real estate or an interest therein, or collects
or offers or attempts to collect rent for the use of real estate,
or solicits for prospective purchasers or assists or directs in the
procuring of prospects or the negotiation or closing of any transaction
which does or is contemplated to result in the sale, exchange, leasing,
renting or auctioning of any real estate, or negotiates, or offers
or attempts or agrees to negotiate a loan secured or to be secured
by mortgage or other encumbrance upon or transfer of any real estate
for others; or any person who, for pecuniary gain or expectation of
pecuniary gain conducts a public or private competitive sale of lands
or any interest in lands. In the sale of lots, the term real estate
broker shall also include any person, partnership, association or
corporation employed by or on behalf of the owner or owners of lots
or other parcels of real estate, or any parts thereof, in lots or
other parcels, and who shall sell or exchange, or offer or attempt
or agree to negotiate the sale or exchange, of any such lot or parcel
of real estate.
Shall mean and include any person who, for compensation,
valuable consideration or commission, or other thing of value, or
by reason of a promise or reasonable expectation thereof, is employed
by and operates under the supervision of a licensed real estate broker
to sell or offer to sell, buy or offer to buy or negotiate the purchase,
sale, or exchange of real estate, or offers or attempts to negotiate
a loan secured or to be secured by a mortgage or other encumbrance
upon or transfer of real estate or to lease or rent, or offer to lease
or rent any real estate for others, to collect rents for the use or
other encumbrance upon or transfer of real estate, or to lease or
rent, or who is employed by a licensed real estate broker to sell
or offer to sell lots or other parcels of real estate, at a stated
salary, or upon a commission, or upon a salary and commission, or
otherwise to sell real estate, or any parts thereof, in lots or other
parcels.
Shall mean and include real estate, lands, multiple dwellings
and hereditaments, corporal and incorporal, and leaseholds, provided
however that, the provisions of this chapter shall not apply to the
rental: a. of a single apartment or flat in a two family dwelling,
the other occupancy unit of which is occupied by the owner as his/her
residence or the household of his/her family at the time of such rental;
or b. of a room or rooms to another person or persons by the owner
or occupant of one-family dwelling occupied by him/her as his/her
residence or the household of his/her family at the time of such rental.
Nothing herein contained shall be construed to bar any religious or
denominational 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 rental of real property, from 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.
[R.O. 1966 C.S. § 15:14-4]
It shall be an unlawful practice:
a.
For any owner, lessee, proprietor, manager, superintendent, agent,
or employee of any place of public accommodation directly or indirectly
to refuse, withhold from or deny to any person any of the accommodations,
advantages, facilities or privileges thereof, or to discriminate against
any person in the furnishing thereof, or directly or indirectly to
refuse, withhold from or deny to any person any of the accommodations,
advantages, facilities or privileges thereof, or to discriminate against
any person in the furnishing thereof, or directly or indirectly to
publish, circulate, issue, display, post or mail any written or printed
communication, notice, or advertisement to the effect that any of
the accommodations, advantages, facilities or privileges of any such
place will be refused, withheld from, or denied to any person on account
of the race, creed, color, national origin, ancestry, age, liability
for service in the armed forces of the United States, sex or marital
status is unwelcome, objectionable or not acceptable, desired or solicited,
and the production of any such written or printed communication, notice
or advertisement, purporting to relate to any such place and to be
made by any owner, lessee, proprietor, superintendent, or manager
thereof, shall be presumptive evidence in any action that the same
was authorized by such person.
b.
For the owner, lessee, sublessee, assignee, or managing agent of,
or other person having the right of ownership or possession of or
right to sell, rent, lease, assign, or sublease any real property
or part or portion thereof, or any agent or employee of any of these:
1.
To refuse to sell, rent, lease, assign, or sublease or otherwise
deny to or withhold from any person or group of persons any real property
or part or portion thereof because of the race, creed, color, national
origin, ancestry, age, liability to the armed forces of the United
States, sex or marital status of such person or group of persons;
2.
To discriminate any person or group or persons because of the race,
creed, color, national origin, ancestry, age, liability for service
in the armed forces of the United States, sex or marital status of
such person or group of persons in the terms, conditions or privileges
of the sale, rental or lease of any real property or part or portion
thereof or in the furnishing of facilities or services in connection
therewith; or
3.
To print, publish, circulate, issue, display, post or mail, or cause
to be printed, published, circulated, issued, displayed, posted or
mailed any statement, advertisement, publication or sign, or to use
any form of application for the purchase, rental, lease, assignment
or sublease of any real property, or part or portion thereof which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, ancestry,
age, liability to serve in the armed forces of the United States,
sex or marital status, or any intent to make such limitation, specification
or discrimination, and the production of any such statement, advertisement,
publicity, sign, form of application, record, or inquiry purporting
to be made by any such person shall be presumptive evidence in any
action that the same was authorized by such person.
c.
For any real estate broker, real estate salesperson or employee or
agent thereof:
1.
To refuse to sell, assign, lease or sublease, or offer for sale,
rental, lease, assignment, or sublease any real property or part or
portion thereof to any person or group of persons or to refuse to
negotiate for the sale, rental lease, assignment or sublease of any
real property or part or portion thereof to any person or group of
persons because of the race, creed, color, national origin, ancestry,
age, liability to the armed services of the United States, sex or
marital status of such person or group of persons, or to represent
that any real property or portion thereof is not available for inspection,
sale, rental, lease, assignment, or sublease when in fact it is so
available, or otherwise to deny or withhold any real property or any
part or portion or facilities thereof to or from any person or group
of persons because of the race, creed, color, national origin, ancestry,
age, liability to serve in the armed forces of the United States,
sex, marital status of such person or group of persons; or
2.
To discriminate against any person because of his/her race, creed,
color, national origin, ancestry, age, liability to service in the
armed forces of the United States, sex or marital status in the terms,
conditions or privileges of the sale, rental, lease, assignment or
sublease of any real property or part or portion thereof or in the
furnishing of facilities or services in connection therewith; or
3.
To print, publish, circulate, issue, display, post, or mail, or cause
to be printed, published, circulated, issued, displayed, posted or
mailed, any statement, advertisement, publication or sign, or to use
any form of application for the purchase, rental, lease, assignment,
or sublease of any real property or part or portion thereof or to
make any record or inquiry in connection with the prospective purchase,
rental, lease, assignment or sublease of any real property or portion
thereof which expresses, directly or indirectly, any limitation, specification
or discrimination as to race, creed, color, national origin, ancestry,
age, liability to service in the armed forces of the United States,
sex or marital status or any intent to make any such limitation, specification
or discrimination, and the production of any such statement, advertisement,
publicity, sign, form of application, record, or inquiry purporting
to be made by any such person shall be presumptive evidence in any
action that the same was authorized by such person.
d.
For any person, bank, banking organization, mortgage company, insurance
company or other financial institution or lender to whom application
is made for financial assistance for the purchase, acquisition, construction,
rehabilitation, repair or maintenance of any real property or part
or portion thereof or any agent or employee thereof:
1.
To discriminate against any person or group of persons because of
the race, creed, color, national origin, ancestry, age, liability
to service in the armed forces of the United States, sex or marital
status of such person or group of persons or of the prospective occupant
or tenants of such real property or part or portion thereof, in the
granting, withholding, extending, modifying or renewing or in the
fixing of the rates, terms, conditions or provisions of any such financial
assistance or in the extension of services in connection therewith;
or
2.
To use any form of application for such financial assistance or to
make any record or inquiry in connection with application for such
financial assistance which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color,
national origin, ancestry, age, liability to serve in the armed forces
of the United States, sex or marital status or any intent to make
such limitation, specification or discrimination.
[R.O. 1966 C.S. § 15:14-5]
The Affirmative Action Office is hereby vested with the authority
to administer and enforce this chapter and in conjunction therewith
may promulgate and issue regulations.
[R.O. 1966 C.S. § 15:14-6]
a.
Any individual claiming to be aggrieved by unlawful housing practices
or an unlawful public accommodation practice, may make, sign and file
with the Office of Affirmative Action a verified complaint in writing
which shall state the name and address of the person or persons alleged
to have committed the unlawful practice and particulars thereof. The
complaint shall also contain such information as may be required by
the Office of Affirmative Action. The Office of Affirmative Action,
upon its own initiative, may in like manner sign and file a complaint.
The Office of Affirmative Action, however, shall not accept a complaint
from any person who has filed a complaint with the New Jersey State
Division of Civil Rights with respect to the same grievance. The Office
of Affirmative Action or the complainant shall have the power reasonably
and fairly to amend any complaint, and the correspondents (respondents)
shall have the power to amend their answer.
b.
After the filing of any complaint, the Office of Affirmative Action
shall make a prompt investigation.
c.
If it shall be determined after such an investigation that there
is no basis for the allegation of the complaint, the Office of Affirmative
Action shall in 10 days from such determination, cause to be issued
and served upon the complainant written notice of such determination.
The notice shall also state the complaint shall be dismissed unless
within 10 days after such service the complainant or his/her attorney
file, with the Office of Affirmative Action, a request for a review
hearing. The Office of Affirmative Action shall upon request for such
a hearing provide the complainant and his/her attorney, if any, an
opportunity to appear before the Office of Affirmative Action, a member
thereof, or a staff representative of the Office of Affirmative Action,
at the election of the Office of Affirmative Action to present such
additional information as may be available to support the allegations
of the complaint. If after such a hearing the Office of Affirmative
Action or its representative determine that there is no basis for
the allegation, the complaint shall be dismissed and there shall be
no appeal from such a decision.
d.
If the Office of Affirmative Action after the investigation determines
that probable cause exists for the allegations of the complaint, the
Office of Affirmative Action shall immediately endeavor to eliminate
the unlawful practice complained of by persuasion.
e.
If the Office of Affirmative Action in its discretion finds that
it is not possible to eliminate such unlawful practice by persuasion,
the Office of Affirmative Action shall cause to be issued and served
a written notice, with a copy of such complaint as originally filed
or as the same may have been amended by the Office of Affirmative
Action, requiring the party named in such complaint, hereafter referred
to as the respondent, to answer the charges at such place to be specified
in such notice. The Office of Affirmative Action may designate one
or more of its members to preside at such meeting, or it may at its
election conduct the hearing in banc.
f.
The case in the support of the complaint shall be presented to the
Office of Affirmative Action by its attorney or by a member of the
staff. The respondent may file a written verified answer to the complaints
and appear at such hearing in person or with counsel. The complainant
may likewise appear at such hearing in person or with counsel. The
Office of Affirmative Action shall not be bound by the strict rules
of evidence prevailing in courts of law or equity. The testimony taken
at the hearing shall be under oath and may be transcribed.
g.
If upon all the evidence at the hearing, the Office of Affirmative
Action shall find that the respondent has engaged in or is engaged
in any unlawful practice, the Office of Affirmative Action shall state
its findings of fact and shall issue and cause to be served on the
respondent an order requesting the respondent to cease and desist
from such unlawful practice or practices and to take such affirmative
action, including but not limited to the extension of full, equal,
and unsegregated accommodations, advantages, facilities, and privileges
to all persons, as, in the judgment of the Office of Affirmative Action
will effectuate the purposes of this section and including a request
for report of the manner of compliance.
h.
If upon all the evidence, the Office of Affirmative Action shall
find that the respondent has not engaged in any unlawful practice,
the Office of Affirmative Action shall state its findings of fact
and shall dismiss the complaint. Notice of such action shall be given
to the complainant and the respondent.
i.
No complaint shall be considered unless it is filed with the Office
of Affirmative Action within 180 days after the alleged act of discrimination.
[R.O. 1966 C.S. § 15:14-7]
In the event the respondent refuses or fails to comply with
any order of the Office of Affirmative Action or violates any provisions
of this chapter, the Office of Affirmative Action shall certify the
case and the entire record of its proceeding to the Law Department,
which shall invoke the aid of the appropriate court to secure enforcement
or compliance with this chapter.
[R.O. 1966 C.S. § 15:14-8]
Any person who shall violate any provision of this chapter shall
be subject to a fine of not more than $500 or imprisonment for a period
not exceeding 90 days or both.
