[Adopted 12-21-1971 as Ch. VI, Sec. 6-4, of the 1971 Code]
The Township of Hillside finds:
A.
Diverse persons bent on unfair economic exploitation
have heretofore resorted to the practice of inciting neighborhood
unrest, community tension and fear of racial, religious or nationality
predominance in several neighborhoods within the Township of Hillside
by disturbing homeowners with repeated door-to-door solicitations
of listing their homes for sale and inducing the notion that grave
economic loss has been occasioned or threatens homeowners in those
areas.
B.
Such practices are detrimental to the community at
large in that they frustrate intergroup relations and civic objectives,
may prove economically adverse to the Township and property values
therein, tend to create racial ghettos and disturb the peace and tranquillity
of the community.
C.
The Township, supporting the principles embodied in
the Constitutions, statutes, executive orders and regulations of the
United States and the State of New Jersey, is opposed to any practice
which may lead to discrimination in housing.
As used in this article, the following terms
shall have the meanings indicated:
Includes door-to-door soliciting or soliciting by the use
of circulars, visitations or any other means where the canvasser or
his employer has not been invited or requested by the owner as defined
below to obtain a listing of real property or to confer with the owner
regarding a real estate transaction. The term "canvassing" shall not
apply when such soliciting is restricted to a specific house on a
particular day.
Includes 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.
Includes any occupant, prospective occupant, lessee, prospective
lessee, buyer and prospective buyer or any agent of these.
A.
Any person who receives or expects to receive pecuniary gain from the sale of real property in the Township shall be required to complete and file a form provided by the Township Clerk in accordance with Subsections B and C below prior to engaging in any activities to canvass in the Township in an attempt to obtain listings of real property or in an attempt to bring about the sale or purchase of real property.
B.
The form shall contain the following information:
(1)
Name and address of the person completing the form.
(2)
Name and address of the person by whom such person
is employed.
(3)
A listing of the particular block or blocks in the
Township which the person intends to canvass, as well as the date
or dates of canvass. This listing shall be a realistic estimate of
the actual intent of the canvasser.
C.
The form shall be completed and filed no less than
10 days nor more than 30 days prior to the date on which the canvass
will take place.
A.
It shall be unlawful for any person to commit any
of the following acts:
(1)
To induce or attempt to induce directly or indirectly
the sale or listing for sale of real property by representing that
an adverse change has occurred or will or may occur with respect to
the racial, religious or ethnic composition of the block, neighborhood
or area in which the property is located.
(2)
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:
(3)
To make any misrepresentation concerning the listing
or anticipated listing for sale or the sale of real property in the
area for the purpose of inducing or attempting to induce the sale
or listing for sale of real property.
(4)
To make any representation to any prospective purchaser
that any block, neighborhood or area has, will or might undergo an
adverse change with respect to the religious, racial or ethic composition
of the block, neighborhood or area for the purpose of discouraging
the purchase of the property in a particular area.
(5)
To place a sign purporting to offer for sale any property
that is not in fact offered for sale.
(6)
To advertise for sale or rental property which is
inconsistent or which is not actually for sale or rent.
(7)
To engage in or hire or conspire with others to commit
acts or activities of any nature, the purpose of which is to coerce,
cause panic, incite unrest or create or play upon fear with the purpose
of inducing or attempting to induce the sale or listing for sale of
real property.
(8)
To solicit a listing from any homeowner who has previously
requested, in writing, that such person refrain from soliciting such
homeowner.
(9)
To engage in any economic reprisal or any other form
of intimidation against any person because that person bas filed a
complaint, testified, assisted or participated in any manner in any
investigation, proceeding or conference under the terms of this article.
(10)
To aid, abet, incite, compel or coerce any person
to engage in any of the practices forbidden by this article; or to
obstruct or prevent any person from complying with the provisions
of this article.
B.
Restrictions set forth in N.J.S.A. 10:5-12 shall also
apply to canvassing of this type.
[Added 10-21-2003]
A.
The Township Council 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 article which,
upon approval, shall be filed with the Township Clerk.
(2)
To receive and investigate complaints alleging violations
of the provisions of this article.
(3)
To hold conferences and make investigations and, for
this purpose, to call upon Township officials and employees and other
bodies to aid and assist it therein.
B.
Any person claiming to be aggrieved by an alleged
unlawful practice forbidden by this article may by himself, or by
his attorney at law, make, sign and file with the Township Clerk a
verified complaint, in writing, which states the name and address
of the person alleged to have committed the unlawful practice complained
of and sets forth the particulars thereof and contains such other
information as may be reasonably required by the Township Council.
C.
After the filing of a complaint by an aggrieved person
or by any Township resident, the Township Council shall cause a prompt
investigation to be made of the alleged unlawful practice.
D.
If, after such investigation, the Township Council
determines that no probable cause exists for crediting the allegations
of the complainant, it shall within 10 days cause to be issued and
served upon the complainant written notice of such determination.
E.
If, after such investigation, the Township Council
determines that probable cause exists in accordance with the allegations
of the complaint, it shall immediately endeavor to eliminate the unlawful
practice complained of by conference and conciliation. Such conference
shall be opened to the public unless otherwise requested by one or
both of the parties to the conference. It may refer the matter to
other public boards or Township officials or employees to conduct
or assist in such conferences.
F.
If the practice complained of cannot be eliminated,
the Township Council may:
(1)
Refer the matter to the Real Estate Commission of
the State of New Jersey for such disciplinary action as may seem appropriate
and may make any records available to the Commission relating to the
matter, notwithstanding any other action which the Township Council
may take or may already have taken.
(2)
Sign a complaint against the alleged offending person
for trial before the Municipal Court. The complaint may be signed
by the Mayor or any member of the Township Council.
(3)
Refer the entire file to the Township Prosecutor or
Attorney for such action as he may deem proper or necessary in the
circumstances.
G.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by a fine not exceeding $1,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
[Added 10-21-2003]
