[Amended 12-7-2020 by Ord. No. 2020-41]
The Princeton council finds and declares that practices of discrimination
with respect to real property because of 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, are matters of concern to the government of the Municipality
of Princeton 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 Princeton
that all persons shall have the opportunity to obtain all the accommodations,
advantages, facilities and privileges of real property in Princeton
without such discrimination, subject only to conditions and limitations
applicable alike to all persons. In furtherance of that policy, this
chapter shall be deemed an exercise of the police power of Princeton
for the protection of the public health, safety and morals and for
the promotion of the general welfare.
[Amended 12-7-2020 by Ord. No. 2020-41]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Civil Rights Commission created under section 2-90C of
this Code.
Being the natural parent of a child, the adoptive parent
of a child, the foster parent of a child, having a "parent and child
relationship" with a child as defined by state law, or having sole
or joint legal or physical custody, care, guardianship, or visitation
with a child, or any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained the
age of 18 years.
Housing which is:
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
Intended and operated for occupancy by at least one person 55
years of age or older per unit.
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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.
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One or more individuals, partnerships, associations, organizations,
cooperatives, corporations, legal representatives, trustees, trustees
in bankruptcy, receivers, fiduciaries and other legal entities.
Real estate, lands, tenements and hereditaments, corporeal
and incorporeal, and leaseholds.
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:
(a)
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:
(1)
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;
(2)
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.
(b)
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:
(1)
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
(2)
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.
(c)
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)
(1)
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.
(2)
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.
[Amended 12-7-2020 by Ord. No. 2020-41]
(a)
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.
(b)
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.
(c)
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]
(a)
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.
(b)
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.
(c)
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.
[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.
[Amended 12-7-2020 by Ord. No. 2020-41]
(a)
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.
(b)
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."
(c)
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."
[Ord. No. 2019-26]
(a)
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.
(b)
APPROPRIATE SIGNAGE
COVERED ENTITY
PLACE OF PUBLIC ACCOMMODATION
SINGLE-OCCUPANT RESTROOM OR SINGLE-OCCUPANCY RESTROOM
UNISEX RESTROOM
Definitions.
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.
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.
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.
Means a toileting facility that is designated for use by
any person or, regardless of sex or gender identity.
(c)
Requirements.
(1)
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.
(2)
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.
(1)
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.
(2)
Upon receiving a complaint from a member of the public or employee
of a covered entity or place of public accommodation, a member of
the municipal construction staff shall inspect the business establishment
or public accommodation to determine compliance with this section.
(g)
Violations and Penalties. Any covered entity or place of public accommodation
that violates any provision of this section shall be subject to the
penalties prescribed in section 1-6 of this Code. Each day that such
violation continues shall constitute a separate offense. Repeat offenders,
as that term is defined in Section 1-6, shall be subject to the penalties
set forth in that section.
