[R.O. 1966; R.O. C.S. § 17:7-1]
This chapter may be cited as the "Blockbusting Ordinance."
[R.O. 1966 C.S. § 17:7-2]
The City of Newark finds and determines that:
a. Certain persons have incited neighborhood unrest, community tension
and fear of racial, religious or nationality changes among property
owners in certain neighborhoods, with the purpose of inducing the
sale or the listing for sale of real property;
b. These practices are in direct contravention of the policy of the
City of Newark to eliminate from the housing market restrictions based
upon race, religion, national origin or ethnic antecedents, and to
insure to all persons the right freely to bargain in an open and competitive
housing market;
c. Some persons have been and are continuing to be victimized by discriminatory
devices employed by certain unscrupulous persons dealing in real estate,
who have appealed to prejudice and bigotry as a means of panicking
property owners into selling their property, and that such dealers
have resold property to minority families at inflated prices;
d. In the sale, leasing and other disposition of real estate, certain
practices have been employed which engender racial tensions, where
previously none existed, heighten attitudes of prejudice and discrimination,
develop unfounded fears about the value of real property; evolve patterns
of economic and social exploitation, and result in the development
of segregated communities;
e. Equal access to housing in all neighborhoods in peaceful and orderly
fashion is the right of all persons and is in the best interests of
the growth and development of the City of Newark;
f. It is in the public interest to prevent and discourage the harmful
practices commonly known as "blockbusting" or panic selling;
g. It has the authority, power and right to enact this chapter pursuant
to its Police Powers for the public health, public safety and general
welfare of the inhabitants of the City of Newark.
[R.O. 1966 C.S. § 17:7-3]
As used in this chapter:
CANVASSING
Shall mean and include door to door soliciting or soliciting
by the use of circulars, visitations, or any other means where the
canvasser, or his/her employer has not been invited or requested by
the owner as herein defined to obtain a listing of real property or
to confer with the owner regarding a real estate transaction. The
term "canvassing" as defined shall not apply when such soliciting
is restricted to a specific house on a particular day.
OWNER
Shall mean and include the lessee, sublessee, assignee, managing
agent or other person having the right of ownership or possession
or the right to sell, rent, or lease any real property.
PERSON
Shall mean and include any firm, association, partnership,
or corporation, as well as a natural person. The term person as applied
to partnerships or other associations includes their members, and
as applied to firms and corporations includes their officers and employees.
PURCHASER
Shall mean and include any occupant, prospective occupant,
lessee, prospective lessee, buyer, prospective buyer, or any agent
of these.
RESIDENTIAL BUILDING
Shall mean any building in which people reside, regardless
of the fact that there may be a business in the same building.
[R.O. 1966 C.S. § 17:7-5]
It shall be unlawful for any person to commit any of the following
acts:
a. To induce or attempt to induce, directly or indirectly, the sale
or listing for sale of real property by representing that a change
has occurred or will or may occur with respect to the racial, religious,
or ethnic composition of the residents of the block, neighborhood
or area in which the property is located;
b. To induce 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. A change in the racial, religious, or ethnic composition of the residents
of the block, neighborhood or area in which the property is located;
3. An increase in criminal or anti-social behavior in the area;
4. 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 any 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 a change with
respect to the religious, racial or nationality 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 refer, directly or indirectly, to race, color or creed in any
advertisement offering property for sale or rental; or
g. To advertise for sale or rental property which is nonexistent or
which is not actually for sale or rental;
h. To erect, maintain or display a "FOR SALE" sign, or any other sign
offering for sale or for rent on all residential buildings occupied
by not more than six families unless the following standards are complied
with: Signs shall not exceed 14 inches by 24 inches in area and shall
consist of black lettering on a white background, which shall state
only that the property is either for sale or for rent and may contain
such as "INQUIRE WITHIN," a telephone number or the name of the owner
or real estate broker or agent with whom the property is listed for
sale or rent. Such signs must be removed within seven days of the
consummation of the sale or rental of the premises.
i. To erect, maintain or display any sign carrying such legends as "SOLD"
on any structure or real estate in any residential district within
the City.
[R.O. 1966; R.O. 1966 C.S. § 17:7-6]
a. Responsibility for enforcement of this chapter shall be vested in
the Office of Affirmative Action of the City of Newark.
b. The Office of Affirmative Action shall have the following functions, powers and duties
in addition to those provided otherwise by law:
1. To adopt, promulgate, amend and rescind suitable rules and regulations
to carry out the provisions of this chapter provided that such rules
and regulations shall be approved by the Municipal Council and, upon
approval, filed with the City Clerk;
2. To receive and investigate complaints alleging violations of the
provisions of this chapter;
3. To hold conferences and make investigations, and for this purpose,
to call upon City officials and employees, and other bodies to aid
and assist them therein;
4. To render each year to the Municipal Council a written report of
activities pertaining to this chapter.
c. Any person claiming to be aggrieved by an alleged unlawful practice
forbidden by this chapter, may by himself/herself, or by his/her attorney
at law, 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, firm, partnership, or corporation alleged to have committed
the unlawful practice complained of and which shall set forth the
particulars thereof, reasonably required by the Office of Affirmative
Action.
d. After the filing of a complaint by an aggrieved person, or by any
City resident, the Office of Affirmative Action shall cause a prompt
investigation to be made of the alleged unlawful practice.
e. If, after such investigation, the Office of Affirmative Action shall
determine that no probable cause exists for crediting the allegations
of the complainant, they shall, within 10 days from such determinations,
cause to be issued and served upon the complaint, written notice of
such determination.
f. If, after such investigation, the Office of Affirmative Action shall
determine that probable cause exists in accordance with the allegations
of the complaint, they shall immediately endeavor to eliminate the
unlawful practice complained of by conference and conciliation. Such
conferences shall be opened to the public unless otherwise requested
by one or both of the parties to the conference. They may refer the
matter to the City Officials or employees to conduct or assist in
such conferences.
g. If the practice complained of be not eliminated, the Office of Affirmative
Action may:
1. Refer the matter to the Office of Affirmative Action of the State
of New Jersey for such disciplinary action as may seem appropriate,
and may take any records available to the Office as may relate to
the matter, notwithstanding any other action which the Office of Affirmative
Action may take or may already have taken;
2. Sign a complaint against the alleged offending person for trail before
the Municipal Court;
3. Refer the entire file to the Corporation Counsel for such action
as he/she may deem proper or necessary in the circumstances.
[R.O. 1966 C.S. § 17:7-7]
Nothing in this chapter shall be construed to prohibit or hinder
a real estate broker or salesperson from engaging in legitimate business
practices in buying and selling real property in any neighborhood
of the City from or to persons of any race, religion or nationality.
This chapter shall not be construed as discouraging any person or
family of whatever race, religion or nationality from seeking real
property in any neighborhood of the City.
[R.O. 1966 C.S. § 17:7-8]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $500,
or by imprisonment for a term not exceeding 90 days, or both.