Anti-Discrimination Center

§ 148-1. - Title. back to top

This chapter shall be known as the "Fair Housing and Public Accommodation Ordinance."

§ 148-2. - Findings. back to top

The Mayor and City Council of the City of Jersey City find that:

A. The population of the City of Jersey City consists of people of every race, color, religion and national origin, many of whom are discriminated against in public accommodations and in obtaining adequate housing facilities.

B. Discrimination in housing results in overcrowding, segregated areas and substandard, unsafe, unsanitary living conditions.

C. Discrimination in places of public accommodation causes embarrassment and inconvenience to citizens and visitors to the city, creates breaches of the peace and is otherwise detrimental to the welfare and economic growth of the City of Jersey City.

D. In order to assure that all persons, regardless of race, color or creed enjoy the full benefits of citizenship and are afforded equal opportunities for housing and the use of public accommodations, it is necessary that appropriate legislation be enacted.

§ 148-3. - Definitions. back to top

As used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:

COMMISSION - The Human Rights Commission.

DIRECTOR - The Executive Director of the Human Rights Commission.

[Amended 12-11-1986 by Ord. No. C-298]

LIABILITY FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES - Subject to being ordered as an individual or member in the National Guard or subject to being inducted into such armed forces through a system of national selective service.

PERSON - Includes one (1) or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustee in bankruptcy, receivers and fiduciaries.

PLACE OF PUBLIC ACCOMMODATION - Includes but is not limited to: any tavern, roadhouse, hotel, motel, trailer camp, summer camp, day camp or resort camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store, establishment or concession dealing with goods or services of any kind; any restaurant, eating house or place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance operating on land or water or in the air, any stations and terminals thereof; any bathhouse, boardwalk or seashore accommodation; any auditorium, meeting place or hall; any theater, motion-picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor or other place of amusement; any comfort station; any dispensary, clinic or hospital; any public library; and kindergarten, primary and secondary school, trade or business school, high school, academy, college and university. Nothing herein contained shall be construed to include or to apply to any institution, bona fide club or place of accommodation, which is in its nature distinctly private; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent or one in loco parentis to direct the education and upbringing of a child under his control is hereby affirmed; nor shall anything herein contained be construed to bar any private, secondary or post-secondary school from using in good faith criteria other than race, creed, color, national origin or ancestry, age, liability of service in the Armed Forces of the United States, sex and marital status in the admission of students.

REAL ESTATE BROKER - Includes a person, firm or corporation who, for a fee, commission or other valuable consideration or by reason of promise or reasonable expectation thereof, lists for sale, sells, exchanges, buys or rents, or offers or attempts to offer a sale, exchange, purchase or rental of real estate, or solicits for prospective purchasers or assists or directs in the procuring of prospects or the negotiation or closing of any transaction which does or is contemplated to result in the sale, exchange, leasing, renting or auctioning of any real estate, or negotiates or offers or attempts or agrees to negotiate a loan secured or to be secured by mortgage or other encumbrance upon or transfer of any real estate for others or any person who, for pecuniary gain or expectation of pecuniary gain, conducts a public or private competitive sale of lands or any interest in lands. In the sale of lots, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels and who shall sell or exchange or offer or attempt or agree to negotiate the sale or exchange of any such lot or parcel of real estate.

REAL ESTATE SALESMAN - Includes any person who, for compensation, valuable consideration or commission or other thing of value or by reason of a promise or reasonable expectation thereof, is employed by and operates under the supervision of a licensed real estate broker to sell or offer to sell, buy or offer to buy or negotiate the purchase, sale or exchange of real estate, or offers or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate or to lease or rent, or offer to lease or rent, any real estate for others, to collect rents for the use or other encumbrance upon or transfer of real estate, or to lease or rent, or who is employed by a licensed real estate broker to sell or offer to sell lots or other parcels of real estate, at a stated salary or upon a commission, or upon a salary and commission, or otherwise to sell real estate, or any parts thereof, in lots or other parcels.

REAL PROPERTY - Includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and leaseholds; provided, however, that the provisions of this Article shall not apply to the rental of a single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as his residence or the household of his or her family at the time of such rental, or 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 his or her residence or the household of his or her 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 education 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.

§ 148-4. - Unlawful practices. back to top

It shall be an unlawful practice:

A. For any owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation directly or indirectly to refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof, or to discriminate against any person in the furnishing thereof, or directly or indirectly to publicize, circulate, issue, display, post or mail any written or printed communications, notice or advertisement to the effect that any of the accommodations, advantages, facilities or privileges of any such place will be refused, withheld from or denied to any person on account of the race, creed, color, national origin, ancestry, age, liability for service in the Armed Forces of the United States, sex or marital status or that such person is unwelcome, objectionable or not acceptable, desired or solicited; and the production of any such written or printed communication, notice or advertisement, purporting to relate to any such place and to be made by any owner, lessee, proprietor, superintendent or manager thereof, shall be presumptive evidence in any action that the same was authorized by such person.

B. 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:

(1) To refuse to sell, rent, lease, assign or sublease or otherwise deny to or withhold from any person or group of persons any real property or part or portion thereof because of the race, creed, color, national origin, ancestry, age, liability to the Armed Forces of the United States, sex or marital status of such person or group of persons;

(2) To discriminate against any person or group of persons because of the race, creed, color, national origin, ancestry, age, liability for service in the Armed Forces of the United States, sex or marital status 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

(3) 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 or application for the 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 race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex, marital status or any intent to make such limitation, specification or discrimination, and the production of any such statement, advertisement, publicity, sign, form of application, record or inquiry purporting to be made by any such person shall be presumptive evidence in any action that the same was authorized by such person.

C. For any real estate broker, real estate salesman or employee or agent thereof:

(1) To refuse to sell, 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, lease, assignment or sublease of any real property or part or portion thereof to any person or group of persons because of the race, creed, color, national origin, ancestry, age, liability to the Armed Services of the United States, sex or marital status of such person or group of persons, or to represent that any real property or portion thereof is not available for inspection, sale, rental, lease, assignment 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 race, creed, color, national origin, ancestry, age, liability or service in the Armed Forces of the United States, sex, marital status of such person or group of persons;

(2) To discriminate against any person because of his race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or part or portion thereof or in the furnishing of facilities or services in connection therewith; or

(3) 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 portion thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status, or any intent to make such limitation, specification or discrimination, and the production of any such statement, advertisement, publicity, sign, form of application, record or inquiry purporting to be made by any such person shall be presumptive evidence in any action that the same was authorized by such person.

D. For any real estate broker, real estate salesman or employee or agent thereof:

(1) To refuse to sell, 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 because of their race, creed, color, national origin, ancestry, age, liability to the Armed Services of the United States, sex or marital status of such persons or group of persons or to represent that any real property or portion thereof is not available for inspection, sale, rental, lease assignment or sublease when in fact it is so available or otherwise to deny or withhold any real property or any part or portion or facilities thereof to or from any person or group of persons because of the race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status of such person or group of persons;

(2) To discriminate against any person because of his race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or part or portion thereof or in the furnishing of facilities or services in connection therewith; or

(3) 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 portion thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status or any intent to make such statement, advertisement, publicity, sign, form or application, record or inquiry purporting to be made by any such person shall be presumptive evidence in any action that the same was authorized by such person.

E. For any person, bank, banking organization, mortgage company, insurance company or other financial institution or lender 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 race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status 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 the 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 race, creed, color, national origin, ancestry, age, liability to service in the Armed Forces of the United States, sex or marital status or any intent to make such limitation, specification or discrimination.

§ 148-5. - Enforcement. back to top

The Jersey City Human Rights Commission is hereby vested with the authority to administer and enforce this chapter and in conjunction therewith may promulgate and issue regulations.

§ 148-6. - Complaints; investigations; hearings. [Amended 12-11-1986 by Ord. No. C-298] back to top

A. Any person claiming to be aggrieved by an alleged unlawful housing practice or an alleged unlawful public accommodation practice forbidden by this chapter may by himself or herself or by his attorney at law make, sign and file with the Office of the Human Rights Commission a verified complaint in writing which shall state the name and address of the person or persons alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be reasonably required by the Office of the Human Rights Commission. The Commission, upon its own initiative, may in like manner sign and file a complaint. The Commission, however, shall not accept a complaint from any person who has filed a complaint with the New Jersey State Division of Civil Rights with respect to the same grievance. The complainant shall have the power to reasonably and fairly amend any complaint, and the respondents shall have the power to amend their answer.

B. After the filing of a complaint, the office and staff of the Human Rights Commission shall cause a prompt investigation to be made of the alleged unlawful practice; filing a complaint with the Commission shall not preclude the complainant from filing a complaint with the New Jersey Division of Civil Rights or with any other agency or commission.

C. If, after such an investigation, the Executive Director of the Human Rights Commission determines that no probable cause exists for crediting the allegations of the complaint, he or she shall within ten (10) days from such determination cause to be issued and served upon the complainant written notice of such determination. The notice shall also state that the complaint will be dismissed unless within ten (10) days after such service the complainant or his attorney file, with the office of the Human Rights Commission, a request for a review hearing. The Office of the Human Rights Commission shall upon request for such a hearing provide the complainant or his attorney, if any, an opportunity to appear before the Executive Director of the Human Rights Commission or a member of the Human Rights Commission or a staff representative of the Commission, at the election of the Commission, to present such additional information as may be available to support the allegations of the complaint. If after such a hearing the hearing agent determines that there is no basis for the allegation, the complaint shall be dismissed. There shall be no appeal from a decision of dismissal. A dismissal shall not be a bar to the filing of a complaint with the New Jersey Division of Civil Rights.

D. If, after such investigation, the Executive Director of the Human Rights Commission shall determine that probable cause exists for the allegations of the complaint, he or she may elect to:

(1) Eliminate the unlawful practice complained of by conference and conciliation. Such conference shall be opened to the public unless otherwise requested by one (1) or both of the parties to the conference;

(2) Sign a complaint against the alleged offending person for trial before the Municipal Court; or

(3) Refer the entire file to the City Prosecutor for such action as he or she may deem proper or necessary in the circumstances.

E. A person claiming to be aggrieved as set forth in this chapter may elect to file a complaint directly to the Municipal Court and prosecute the same on his or her own behalf or to pursue any other proper procedure that he or she may elect.

F. No complaint shall be considered unless it is filed with the Office of the Human Rights Commission within one hundred eighty (180) days after the alleged act of the discrimination.

§ 148-7. - Failure to comply. back to top

In the event that the respondent refuses or fails to comply with any order of the Commission or violates any provisions of this chapter, the Commission shall cause to have a complaint filed in the Municipal Court for violation of the provisions of this chapter against the respondent.

§ 148-8. - Violations and penalties. [Amended 12-11-1986 by Ord. No. C-298] back to top

Any person who violates any provision of this chapter shall, after conviction, be punishable as provided in Chapter 1, General Provisions, Art. I, § 1-25.

*Editor's note-Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.