On and after the effective date of this chapter, all licensed real estate
practitioners operating within the City of Passaic shall be required to be
registered with the Department of Community Development. Such registration
shall be made on forms provided by the Department of Community Development
and shall include:
A. The name, business address and business telephone number
of the real estate firm.
B. The name, address, telephone number and social security
number of all principals of such firm.
C. The name and social security number of each licensed
employee of the firm.
D. Such other information as the Department of Community
Development shall determine.
Such registration shall be subject to renewal by January 31 of each
year. Renewal shall require filing of a new registration form and payment
of the required fee.
The fee for the initial registration shall be $50 for each firm with
three or more employees, including the principal, and $25 for each firm with
fewer than three employees. Renewal fees shall be $25 for firms with three
or more employees and $15 for firms with fewer than three employees. Fees
are for the calendar year, and there shall be no proration thereof.
Any change in the principals of any firm during any year shall require
the filing of a new registration and payment of the initial registration fee.
Any change in employees shall require filing of notification of change listing
employees added or deleted. Such notification shall be filed within 10 days
of the date of employment or date of termination of any employee. It shall
be a violation of chapter for any employee of a real estate firm to engage
in any aspect of real estate activities until such person is registered with
the Department of Community Development.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this chapter:
CANVASSING
Door-to-door 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 a 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, nor shall it apply when a property owner has publicly
advertised his house or real property for sale.
OWNER
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
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
Any occupant, prospective occupant, lessee, prospective lessee, buyer,
prospective buyer or any agent of these.
It shall be unlawful for any person to commit any one or more of the
following acts:
A. To induce, directly or indirectly, or attempt to induce,
directly or indirectly, the sale or listing for the 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.
B. To induce, directly or indirectly, 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) An increase in the criminal or antisocial behavior in
the area.
(3) 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 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 an adverse
change with respect to the religious, racial or ethnic 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 advertise for sale or rental property which is nonexistent
or which is not actually for sale or rental.
G. To engage in or hire or conspire vith others to commit
acts or activities of any nature, the purpose of which is to coerce, cause
panic, incite unrest, create or play upon fear with the purpose of inducing
or attempting to induce the sale or listing for sale of real property.
H. To solicit a listing from any homeowner who has previously
requested, in writing, that such person refrain from soliciting such homeowner.
I. To engage in any economic reprisal or any other form
of intimidation against any person because that person has filed a complaint,
testified, assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
J. To aid, abet, incite, compel or coerce any person to
engage in any of the practices forbidden by this chapter or to obstruct or
prevent any person from complying with the provisions of this chapter.
All ordinances or parts of ordinances inconsistent herewith, and specifically Article IV of Chapter
211 of the Code of the City of Passaic (§§
211-30 through 211-33, inclusive), are repealed to the extent of such inconsistency.