Chapter B11 Discrimination

Provided under any state or federal program that the Attorney General determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

Intended for and solely occupied by persons 62 years of age or older; or

§ B11-3 Discriminatory practices enumerated.

Intended and operated for occupancy by at least one person 55 years of age or older per unit.

Housing shall not fail to meet the requirements for housing for older persons by reason of: Persons residing in such housing as of March 12, 1989 not meeting the age requirements under this definition, provided that new occupants of such housing meet the age requirements under this definition; or unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements under this definition.

PERSON

One or more individuals, partnerships, associations, organizations, cooperatives, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, fiduciaries and other legal entities.

REAL PROPERTY

Real estate, lands, tenements and hereditaments, corporeal and incorporeal, and leaseholds.

UNLAWFUL DISCRIMINATION

Only those unlawful practices and acts specified in section 11-3.

[Amended 12-7-2020 by Ord. No. 2020-41]

It shall be unlawful discrimination:

For the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right of ownership or possession of, or the 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, real estate broker or salesman, attorney, auctioneer or court appointed fiduciary or agent, or any agent or employee of any of these:

To refuse to sell, rent, lease, assign or sublease, or otherwise to deny to or withhold from any person or group of any persons any real property or part or portion thereof because of the age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments of such person or group of persons;

To refuse to sell, rent, 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, assignment, lease or sublease of any real property or part or portion thereof to any person or group of persons because of the age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments of such person or group of persons, or to represent that any real property or portion thereof is not available for inspection, sale, rental, assignment, lease or sublease when in fact it is so available, or otherwise to deny or withhold any real property or any part or portion of facilities thereof to or from any person or group of persons because of the age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments of such person or group of persons; or

(3)

To discriminate against any person because of the age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments 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

(4)

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 part or portion thereof, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments, or any intent to make any such limitation, specification or discrimination; or

(5)

For the purpose of inducing a transaction for the sale or rental of real property from which transaction such person or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression or source of lawful income used for rental or mortgage payments of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including, but not limited to, the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.

For any person, bank, banking organization, mortgage company, insurance company or other financial institution, lender or credit institution 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:

To discriminate against any person or group of persons because of the age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments of such person or group of persons, or of the prospective occupants or tenants of such real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing, or in the fixing of rates, terms, conditions or provisions of any such financial assistance, or in the extension of services in connection therewith; or

To use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, disability, liability for service with the Armed Forces of the United States, nationality, gender identity or expression, or source of lawful income used for rental or mortgage payments, or any intent to make any such limitation, specification or discrimination, unless otherwise required by law or regulation to retain or use such information.

For any person to take reprisals against any person because that person has opposed any practices or acts forbidden under this chapter or because that person has filed a complaint, testified or assisted in any proceeding under this chapter, or to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

(d)

For any person, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this chapter, or to attempt or conspire to do so.

(e)

It shall be an unlawful discrimination for the municipality or other local, civil or political subdivision of the State of New Jersey, or an officer, employee, or agent thereof, to exercise the power to regulate land use or housing in a manner that discriminates on the basis of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, nationality, disability, gender identity or expression or source of lawful income used for rental or mortgage payments.

Any person claiming to be aggrieved by an unlawful discrimination under this subsection shall enforce this subsection by private right of action in Superior Court. This shall not apply to discrimination in housing owned or managed by the municipality or other local, civil or political subdivision of the State of New Jersey.

§ B11-4 Exceptions.

[Amended 12-7-2020 by Ord. No. 2020-41]

The provisions of this chapter shall not apply to the rental: (1) Of a single apartment or flat in a two-family dwelling, the other occupancy of which is occupied by the owner as a residence or the household of the owner's family at the time of such rental; (2) of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by him/or her as a residence or the household of the owner or occupant's 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.

§ B11-5 Voluntary, non-binding conflict resolution of complaints.

Nothing herein contained shall be construed to bar any person from refusing to sell, rent, lease, assign or sublease any room, apartment or flat in a dwelling or residential facility that is planned exclusively for and occupied exclusively by individuals of one sex to any individual of the opposite sex on the basis of sex, nor shall anything herein be construed to bar any person from advertising or recording a qualification as to sex for any room, apartment or flat in such a dwelling or residential facility, to the extent permitted or authorized by law.

(d)

Nothing herein contained regarding discrimination on the basis of familial status shall apply with respect to housing for older persons, to the extent permitted or authorized by law.

[Amended 12-7-2020 by Ord. No. 2020-41]

Any person claiming to be aggrieved by an unlawful discrimination as specified in this chapter, may file a complaint with the commission setting forth the name and address of the person alleged to have committed the unlawful discrimination complained of, the particulars of such unlawful discrimination and such other information as may be requested by the commission.

The commission shall thereupon offer the complainant the ability to participate in voluntary, non-binding conflict resolution, as further set forth in section 2-90C of this Code and the applicable policies and procedures adopted pursuant thereto.

§ B11-6 Municipal court actions limited.

No determination of the commission shall be used in any action in the municipal court of the municipality for violation of this chapter.

[Amended 12-7-2020 by Ord. No. 2020-41]

Any person may file a complaint for any violation of this chapter in the municipal court in accordance with the practice therein, and this may be done notwithstanding that a complaint for the same violation shall be pending before the commission under this chapter. However, no person shall be prosecuted, tried or punished in the municipal court for any violation of this chapter, unless the complaint shall be filed in such court within 90 days after the time of the violation complained of therein.

§ B11-7 Remedies provided by chapter additional to other remedies.

[Amended 12-7-2020 by Ord. No. 2020-41]

The remedies provided by this chapter shall be deemed in addition to, and not exclusive of, any other remedies provided by law or by ordinance, except as otherwise provided by law.

§ B11-8 Service dogs in retail establishments.

[Amended 12-7-2020 by Ord. No. 2020-41]

It shall be unlawful for any retail establishment doing business in the municipality of Princeton to prohibit entry or service to any blind, deaf, or person with a disability accompanied by a dog known and described as a "seeing-eye dog," "hearing ear dog," "service dog" or "guide dog" trained by a recognized training agency or school while such dog is in the immediate custody of such person.

All retail establishments doing business in the municipality of Princeton which sell food or beverages for consumption on its premises or otherwise shall post a notice clearly observable by each employee of the establishment, stating, in effect, that: "It shall be unlawful for any retail establishment doing business in the municipality of Princeton to prohibit entry or service to any blind, deaf, or handicapped person accompanied by a dog known and described as a "seeing-eye dog," "hearing ear dog," "service dog" or "guide dog" trained by a recognized training agency or school while such dog is in the immediate custody of such person."

Any person may file a complaint in the municipal court for any violation of this ordinance. Any person who violates this section shall be subject to a fine in accord with the general penalty provisions of the Code of the Borough of Princeton, New Jersey. Violation of any subsection or paragraph of this section on any single day shall constitute a separate "offense."

§ B11-9 Unisex Restrooms.

[Ord. No. 2019-26]

Statement of legislative findings and policy. The municipal Governing Body finds and declares that practices of discrimination with respect to the use of restroom facilities because of age, race, creed, color, national origin, ancestry, marital status, sex or gender identity are matters of concern and that such discrimination not only threatens the rights and proper privileges of persons but menaces the institutions and foundations of a free democratic society. It is the policy of the municipality that all persons shall have the opportunity to use single-occupancy bathroom facilities without regard to age, race, creed, color, national origin, ancestry, marital status, sex or gender identity. In furtherance of that policy, this section 11-9 shall be deemed an exercise of the police power of the municipality of Princeton for the protection of the public health, safety and morals and for the promotion of the general welfare.

PLACE OF PUBLIC ACCOMMODATION

Definitions.

APPROPRIATE SIGNAGE

Means signage indicating that the restroom is not restricted to a particular gender. Examples include, but are not limited to, signs with the words "all-gender restroom," "gender-neutral restroom," or "unisex restroom," or signs that use images to indicate that the restroom is accessible to all genders.

COVERED ENTITY

Means any business establishment (including offices and office buildings), place of public accommodation, and municipally- owned building or facility.

Includes, but is not limited to, the following types of services or facilities: hotels or other establishments providing lodging to transient guests; restaurants, cafeterias, lunchrooms, lunch counters or other facilities principally engaged in selling or offering for sale food for consumption on or off the premises; public restrooms; motion picture houses, theatres, concert halls, sports arenas, stadiums, or other places of exhibition or entertainment; retail stores and establishments; transportation carriers; barber shops and beauty shops; and bars, taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption on the premises.

SINGLE-OCCUPANT RESTROOM OR SINGLE-OCCUPANCY RESTROOM

Means any separate private toileting facility designed for use by no more than one occupant at a time or for a family or those needing assistance, with a locking mechanism controlled by the user located on the inside of the door into the facility.

UNISEX RESTROOM

Means a toileting facility that is designated for use by any person or, regardless of sex or gender identity.

Requirements.

Any covered entity or place of public accommodation with single-occupancy restrooms shall ensure that such restrooms are not restricted to a specific sex or gender identity and shall use appropriate signage to indicate such facilities are designated for use by any person, regardless of sex or gender identity.

For purposes of complying with the requirements of this section, single-occupancy restrooms that are designated handicapped accessible can also be identified as unisex with appropriate signage for both designations.

(3)

Nothing herein shall be construed as requiring the covered entity or place of public accommodation to provide a single-occupancy restroom or to make such restroom available to the public unless otherwise required by law.

(d)

Exception. A covered entity or place of public accommodation may obtain a waiver from the requirements of this section if it documents in writing to the construction official's satisfaction that compliance with this section would violate or conflict with the State plumbing code or other duly adopted State law.

(e)

Applicability. The requirements of this section shall take effect immediately, except that existing covered entities and places of public accommodation shall have 180 days from the date of adoption of the ordinance creating this section to comply with its requirements by removing any existing signs on the exterior of single-occupant restrooms that restrict use to a single gender and replacing said signs with signs indicating use by anyone regardless of sex or gender identity.

(f)

Enforcement.

During any inspection of a business or place of public accommodation by the municipal construction official, a building inspector, code enforcement official, health officer, fire inspector, or any other local official responsible for the enforcement of any of Princeton's ordinance and lawfully on the premises, such inspector or official may also inspect for compliance with this section.