[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:
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.
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.
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.
Shall mean and include any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer, or any agent of these.
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[2] 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.
[1]
Editor's Note: On June 28, 1972 the Council approved the rules and regulations adopted by the former Human Rights Commission which has been replaced by the Office of Affirmative Action.
[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.