[Third Reprint]

SENATE, No. 250

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

Co-Sponsored by:

Senators Ruiz, Turner, Assemblywomen Carter, Timberlake, Assemblyman Spearman, Assemblywoman Jasey, Assemblymen Zwicker, McClellan, Assemblywomen Chaparro, Vainieri Huttle, Assemblyman Stanley, Assemblywoman Speight and Assemblyman Freiman

 

 

 

 

SYNOPSIS

     “Fair Chance in Housing Act”; establishes certain housing rights of persons with criminal records.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 3, 2021.

  


An Act concerning the housing rights of 2certain2 persons 3[2, including persons2]3 with criminal records and 3[2persons who face discrimination based on immigration status, credit history, gender identity, source of income, and involvement in certain landlord-tenant actions, and2]3 supplementing 3[P.L.1945, c.169 (C.10:5-1 et seq.) 2, and amending various parts of the statutory law2] chapter 8 of Title 46 of the Revised Statutes3.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     3[1.  2[This act] (New section)  Sections 1 through 12 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill)2  shall be known and may be cited as the “Fair Chance in Housing Act.”]3

 

     3[12.  2(New section)2  The Legislature finds and declares that:

     a.  Recent research indicates that New Jersey suffers from a tragically high 36-month recidivism rate of over 30 percent;

     b.  Housing instability appears to impact recidivism, considering that over one in 10 prisoners in the United States face homelessness upon release;

     c.  Research from other states indicates a substantial increase in the likelihood of a parolee’s arrest following each change in address, further supporting the conclusion that when ex-convicts are unable to find stable housing, recidivism becomes more likely and public safety is diminished;

     d.  Prior to the 1990s when popular guidance documents began advising landlords to conduct criminal background checks on prospective tenants, criminal background information was not widely-available and convenient to landlords for informing rental decisions, but many landlords were nonetheless able to maintain safe and healthy rental properties; and

     e.  It is, therefore, necessary and in the public interest for the Legislature to enact legislation to supplement the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), for the purpose of establishing certain housing rights of persons with criminal records.1]3

 

     1[2.] 3[3.1  2(New section)2  As used in 2[this act] sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill)2:

     "Applicant" means any person considered for, who requests to be considered for, or who requests to be considered for tenancy within a rental dwelling unit.

     “Conditional offer” means an offer to rent or lease a rental dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant’s criminal record, or any other eligibility criteria that the housing provider may lawfully utilize.

     “Criminal record” means information 2about an individual2 collected by criminal justice agencies 2[on individuals]2 consisting of identifiable descriptions and notations of arrests, detentions, indictments, 2criminal complaints,2 or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, release or conviction, including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.

     2“Director” means the Director of the Division on Civil Rights.

     ”Division” means the Division on Civil Rights in the Department of Law and Public Safety.2

     “Housing provider” means a landlord, an owner, lessor, sublessor, assignee, or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental dwelling unit.

     “Pending criminal accusation” means an existing accusation that an individual has committed a crime, lodged by a law enforcement agency through an indictment, information, complaint, or other formal charge. 

     “Rental dwelling unit” means a dwelling unit offered for rent by a housing provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than three dwelling units.]3

 

     1[3.] 3[4.1  2(New section)2  a.  (1)  A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant’s criminal record prior to the provision of a conditional offer 1, except that a housing provider may consider whether an applicant has ever been convicted of drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program1.

     (2)   A housing provider shall not make any oral or written inquiry regarding an applicant’s criminal record prior to making a conditional offer.

     (3)   An applicant may provide evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     b.    1[Notwithstanding the provisions of subsection a. of this section, if an applicant discloses any information regarding the applicant’s criminal record, by voluntary oral or written disclosure, prior to the conditional offer, the housing provider may make inquiries regarding the applicant’s criminal record prior to making the conditional offer.

     c.]1 Prior to accepting any application fee, a housing provider shall disclose in writing to the applicant:

     (1) Whether the eligibility criteria of the housing provider include the review and consideration of criminal history; and

     (2) A statement that the applicant, pursuant to subsection a. of this section, may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     1[d.]  2[c.  A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records:

     (1)  arrests or charges that have not resulted in a criminal conviction;

     (2)  expunged convictions;

     (3)  convictions on appeal;

     (4)  vacated and otherwise legally nullified convictions;

     (5)  juvenile adjudications of delinquency;

     (6)  records that have been sealed; and

     (7)  criminal convictions arising for conduct committed outside of the State that, if committed within the State, would not constitute an indictable offense.

     d.1  After the issuance of a conditional offer to an applicant, a housing provider may only consider a criminal record in the applicant’s history that:

     (1)]2 1[has occurred within] 2[resulted in a conviction that was issued within, or if the conviction resulted in a prison sentence that sentence concluded within,1 the]2 1[10] 2[three1 years immediately preceding the issuance of the conditional offer ; and

     (2) consists of a]2 1[pending criminal accusation or a]1 2[criminal conviction that, pursuant to subsection b. of N.J.S.2C:52-2, is not eligible for expungement. 

     e.]2 1[(1)]1 2[A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines,]2 1[on balance] 2[by clear and convincing evidence1, that the withdrawal]2 1[achieves a substantial, legitimate, nondiscriminatory interest. (2)] 2[is necessary, because the applicant’s criminal conduct renders the applicant unfit for the housing arrangement applied for.1  The housing provider's determination of]2 1[a nondiscriminatory interest] 2[unfitness for housing1 shall be reasonable in light of the following factors:]2

     1[(a)] 2[(1)1 The nature and severity of the criminal offense;]2

     1[(b)] 2[(2)1 The age of the applicant at the time of the occurrence of the criminal offense;]2

     1[(c)] 2[(3)1 The time which has elapsed since the occurrence of the criminal offense;]2

     1[(d)] 2[(4)1 Any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;]2

     1[(e)] 2[(5)1 The degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property;]2 1[and

     (f)] 2[(6)1 Whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant 1;

     (7)  Whether the offense arose from an applicant’s status as a survivor of domestic violence, sexual assault, stalking or dating violence;

     (8)  Whether the offense arose from an applicant’s mental illness or other disability; and

     (9)  If the applicant was under the influence of alcohol or illegal drugs at the time of the offense, whether the applicant is in recovery, or has recovered and rehabilitated, from the associated addiction.  Evidence of recovery and rehabilitation shall include, at a minimum:

     (a)  the satisfactory compliance of an applicant with the terms and conditions of parole or probation, provided that the failure of the person to pay fines, fees, and restitution shall not be considered noncompliance with terms and conditions of parole or probation;

     (b)  educational attainment or vocational or professional training, or employment since conviction, including training received or employment while incarcerated;

     (c)  completion of, or active participation in, rehabilitative treatment, including alcohol or drug treatment; and

     (d)  letters of recommendation from community organizations, counselors, case managers, teachers, faith leaders, community leaders, parole officers, and probation officers who have observed the applicant1.

     f.]2 1[(1)]1  2[If a housing provider withdraws a conditional offer, the housing provider shall provide the applicant 1, free of charge,1 with 1a1 written notification that includes, with specificity]2 1[,] 2[:

     (1)  an explanation of what was concluded on each of the factors considered pursuant to subsection f. of this section;

     (2)1  the reason or reasons for the withdrawal of the conditional offer]2 1[and] 2[;

     (3)  a copy of the criminal records and other information that the housing provider relied on to inform the decision;

     (4)1  a notice 1, in both English and Spanish,1 that advises the applicant of the applicant's right to file a complaint with the Attorney General pursuant to section]2 1[6 of this act] 2[9 of P.L.    , c.    (C.      ) (pending before the Legislature as this bill); and

     (5)  a written offer, provided in Spanish, to provide the applicant with the explanations required pursuant to paragraphs (1) and (2) of this subsection in Spanish, if that is the applicant’s primary language1.]2

     1[(2) (a)  The applicant may request, within 20 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.

     (b) A housing provider shall provide the information requested under subparagraph (a) of this paragraph, free of charge, within l0 days after receipt of a timely request.

     g.  Nothing set forth in this act shall be construed to prohibit a housing provider from requiring an applicant to complete a housing application that includes any inquiries regarding an applicant’s criminal record after the conditional offer is provided or from making any oral or written inquiries regarding an applicant’s criminal record after the conditional offer is provided.  The provisions of this section shall not preclude a housing provider from refusing to provide housing to an applicant based upon the applicant’s criminal record, unless the criminal record or relevant portion thereof has been expunged or erased through executive pardon, provided that such refusal is consistent with other applicable laws, rules and regulations] 2[g.] c.2 A housing provider shall apply the standards established by this section to each applicant in a nondiscriminatory manner1.]3

 

     3[25.  (New section)  a.  A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records:

     (1)  arrests or charges that have not resulted in a criminal conviction;

     (2)  expunged convictions;

     (3)  convictions erased through executive pardon;

     (4)  vacated and otherwise legally nullified convictions;

     (5)  juvenile adjudications of delinquency; and

     (6)  records that have been sealed.

     b.  After the issuance of a conditional offer to an applicant, a housing provider may only consider a criminal record in the applicant’s history that:

     (1)  resulted in a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, or any crime that resulted in lifetime registration in a state sex offender registry;

     (2)  is for an indictable offense of the first degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within the six years immediately preceding the issuance of the conditional offer;

     (3)  is for an indictable offense of the second or third degree that was issued, or if the conviction resulted in a prison sentence that concluded, within the four years immediately preceding the issuance of the conditional offer; or

     (4)  is for an indictable offense of the fourth degree that was issued, or if the conviction resulted in a prison sentence that concluded, within one year immediately preceding the issuance of the conditional offer.

     c.  (1)  a housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines, by preponderance of the evidence, that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest.

     (2) if a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and an opportunity to appeal the denial by providing evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     (3) the housing provider shall perform an individualized assessment of the application in light of the following factors:

     (a) the nature and severity of the criminal offense;

     (b) the age of the applicant at the time of the occurrence of the criminal offense;

     (c) the time which has elapsed since the occurrence of the criminal offense;

     (d) any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;

     (e) the degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and

     (f) whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.

     d.  (1)  the applicant may request, within 30 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.

     (2) a housing provider shall provide the information requested under paragraph (1) of this subsection, free of charge, within l0 days after receipt of a timely request.2]3

 

     3[26.  (New section)  a.  The director shall prepare:

     (1)  a model disclosure statement as indicated in subsection b. of section 4 of P.L.    c.   (C.        ) (pending before the Legislature as this bill) which provides notice that a housing provider intends to review and consider a person’s criminal record in determining eligibility for housing or in taking any other adverse housing action against that person. The statement shall also provide an explanation of the criminal records that may be considered and the manner in which they may be considered, in accordance with the provisions of section 5 of P.L.    c.    (C.        ) (pending before the Legislature as this bill).  The statement shall also notify the person of the right to dispute, within 10 days of receiving such statement, the relevance and accuracy of the criminal record and to offer evidence of any mitigating facts or circumstances, including but not limited to the person’s rehabilitation and good conduct since the criminal offense in question; and 

     (2)  a model notice that provides notice that a housing provider has withdrawn a conditional offer or taken an adverse housing action based on a person’s criminal record, provides space for the housing provider to identify with specificity the reason or reasons for withdrawing the conditional offer or taking the adverse housing action.  The notification form shall also notify the person of the right to request from the housing provider a copy of all information upon which the housing provider relied in reaching its decision, including criminal records, and of the right to file a complaint with the Attorney General or pursue the other remedies pursuant to P.L.1945, c.169 (C.10:5-1 et seq.), as well as the applicable statute of limitations, and shall include such other additional information as the director deems appropriate.

     b.  The model documents prepared pursuant to this section shall be made available on the division’s Internet website, at no cost, and shall be in English, Spanish, and in any other language the director deems appropriate.2]3

 

     1[4.  Unless otherwise permitted or required by law, a] 2[5.]  3[7.  (New section)2  a.  A1 housing provider shall not knowingly or purposefully publish, or cause to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has been arrested or convicted of one or more crimes or offenses 1, except for drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.

     b.  2A housing provider shall not 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 use any form of application for the rental, lease, or sublease of any real property or part or portion thereof or make any record or inquiry in connection with the prospective rental, lease, or sublease of any real property or part or portion thereof which expresses, directly or indirectly, any unlawful limitation, specification or discrimination as to criminal record, except as permitted by this act and for drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.

     c.2  Unless otherwise required by law, a housing provider shall not:

     (1)  distribute or disseminate an applicant’s criminal record to any person who is not expected to use the criminal record for the purpose of evaluating the applicant in a manner consistent with sections 1 through 12 of P.L.   c.    (C.       ) (pending before the Legislature as this bill); or

     (2)  use an applicant’s criminal record for a purpose that is not consistent with sections 1 through 12 of P.L.   c.    (C.       ) (pending before the Legislature as this bill)1.]3

 

     3[28.  (New section)  To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of sections 1 through 12 of P.L.   c.    (C.       ) (pending before the Legislature as this bill) shall be immune from liability in any civil action arising as a result of the landlord’s decision to rent to individuals with a criminal record or who were otherwise convicted of a criminal offense, or as a result of a landlord’s decision to not engage in a criminal background screening.2]3

 

      1[5.  This act shall not apply:

     a.     If a federal law or regulation requires the housing provider to consider an applicant’s criminal records for residential leasing purposes; or

     b.    If a federal law or regulation otherwise allows for the denial of an applicant due to certain criminal convictions.]1

 

     2[16.] 3[9.  (New section)2  A housing provider shall not require an applicant to submit to a drug or alcohol test, or request the applicant’s consent to obtain information from a drug abuse treatment facility.1]3

 

     2[17.] 3[10.  (New section)2  A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under 2sections 1 through 12 of2 P.L.    , c.     (C.       ) (pending before the Legislature as this bill).  It shall be a rebuttable presumption of unlawful retaliation if a housing provider or any other person takes an adverse action against a person within 90 days of the person’s exercise of the rights protected in 2sections 1 through 12 of2 P.L.    , c.    (C.       ) (pending before the Legislature as this bill).  This rebuttable presumption shall be sufficient to establish unlawful retaliation, unless the housing provider or other person is able to demonstrate that the action would have been taken in the absence of such protected activity.1]3

 

     2[18.] 3[11.  (New section)2  The 2[Division on Civil Rights] division2 shall maintain data on the number of complaints filed pursuant to 2sections 1 through 12 of2 P.L.    , c.    (C.       ) (pending before the Legislature as this bill), demographic information on the 2[complaints] complainants2 , the identity of the housing providers, the number of investigations conducted, and the disposition of every complaint and investigation, which shall be published and posted online annually.1]3

 

     1[6.] 2[9.1  a.  A person claiming to be aggrieved pursuant to this act may file a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a] 3[12.  (New section)  A2 violation 2of sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill) shall constitute unlawful discrimination under section 112 of the "Law Against Discrimination," P.L.1945, c.169 2[(C.10:5-1 et seq.).

     b.    Any housing provider who violates this act shall be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Attorney General in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.)] (C.10:5-12)2.]3

 

     3[213.  (New section)  a.  Any person, including but not limited to, any 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, real estate broker, real estate salesperson, or employee or agent of any of these, who refuses to rent or lease, or refuses to offer to rent or lease, any real property or portion thereof based on a prospective tenant’s involvement in a landlord-tenant action that resulted in a final judgment against the prospective tenant within three years of the effective date of the prospective rental or lease agreement, shall provide the prospective tenant with written notification, provided using a model notification form made available on the division’s Internet website pursuant to subsection c. of this section, in which the person includes, with specificity and in the language the applicant best understands from among English, Spanish or any other language in which the division has made the model disclosure form available pursuant to subsection c. of this section, the reason or reasons for the refusal to rent or lease or offer to rent or lease to the prospective tenant.

     b.  Where there is no final judgment against a prospective tenant within three years of the effective date of the prospective rental or lease agreement, there shall be a rebuttable presumption that a person is in violation of paragraph (6) of subsection g. or paragraph (6) of subsection h. of section 11 of P.L.1945, c.169 (C.10:5-12), as the case may be, if it is established that the person requested information from a tenant screening bureau relating to the prospective tenant or otherwise inspected court records relating to the prospective tenant which disclose a past or pending landlord-tenant action and the person subsequently refuses to rent or lease or offer to rent or lease to the prospective tenant.

     c.  (1)  the division shall prepare a model notification form as indicated in subsection a. of this section which provides notice to a prospective tenant that a person refuses to rent or lease, or refuses to offer to rent or lease, any real property or portion thereof and provides space for the person to identify with specificity the reason or reasons for the refusal to rent or lease or offer to rent or lease to the prospective tenant.  The notification form shall also advise the prospective tenant of the right to file a complaint with the Attorney General or pursue the other remedies pursuant to P.L.1945, c.169 (C.10:5-1 et seq.), as well as the applicable statute of limitations, and shall include such other information as the director deems appropriate.

     (2) the model notification form prepared pursuant to this subsection shall be made available on the division’s Internet website, at no cost, and shall be in English, Spanish, and in any other language the director deems appropriate.2]3

 

     3[214.  (New section)  a.  It shall not be an unlawful discrimination under P.L.1945, c. 169 (C.10:5-1 et seq.), for any person to discriminate on the basis of immigration or citizenship status, or to make any inquiry as to a person’s immigration or citizenship status, or to give preference to a person who is a citizen or national of the United States over an equally qualified person who is a not a citizen or national of the United States, when such discrimination, inquiry, or preference is required or expressly permitted by federal or state law or regulation.  The provisions of P.L.1945, c.169 (C.10:5-1 et seq.) shall not be interpreted to prohibit inquiries or determinations based on immigration or citizenship status when such actions are necessary to obtain the benefits of a federal or State program.

     b.  The provisions of P.L.1945, c.169 (C.10:5-1 et seq.), shall not be interpreted to prohibit disclosures of information regarding or relating to the immigration or citizenship status of a person, where required or expressly permitted by federal or State law or regulation or when in compliance with any legal obligation under a subpoena, warrant issued by a court, or order issued by a court.

     c.  The provisions of P.L.1945, c.169 (C.10:5-1 et seq.), shall not be interpreted to prohibit verification of immigration or citizenship status or any discrimination based upon verified immigration or citizenship status, where required or expressly permitted by federal or State law or regulation.  The provisions of P.L.1945, c.169 (C.10:5-1 et seq.), shall not be construed to alter an employer’s rights or obligations under the federal “Immigration and Nationality Act,” 8 U.S.C. s.1324a, regarding obtaining documentation evidencing identity and authorization for employment. Any action taken by an employer that is required by 8 U.S.C. s.1324a is not a violation of P.L.1945, c.169 (C.10:5-1 et seq.).2]3

 

     3[215.  Section 3 of P.L.1945, c.169 (C.10:5-3) is amended to read as follows:

     3.    The Legislature finds and declares that practices of discrimination against any of its inhabitants, because of race, creed, color, national origin, immigration or citizenship status, ancestry, age, sex, gender identity [or] gender expression, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, disability [or] , nationality, source of lawful income used for rental or mortgage payments, or criminal record, are matters of concern to the government of the State, and that such discrimination threatens not only the rights and proper privileges of the inhabitants of the State but menaces the institutions and foundation of a free democratic State; provided, however, that nothing in this expression of policy prevents the making of legitimate distinctions between citizens and aliens when required by federal law or otherwise necessary to promote the national interest.

     The Legislature further declares its opposition to such practices of discrimination when directed against any person by reason of the race, creed, color, national origin, immigration or citizenship status, ancestry, age, sex, gender identity [or] gender expression, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, disability [or] , nationality, source of lawful income used for rental or mortgage payments, or criminal record of that person or that person's family members, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers, in order that the economic prosperity and general welfare of the inhabitants of the State may be protected and ensured.

     The Legislature further finds that because of discrimination, people suffer personal hardships, and the State suffers a grievous harm.  The personal hardships include: economic loss; time loss; physical and emotional stress; and in some cases severe emotional trauma, illness, homelessness or other irreparable harm resulting from the strain of employment controversies; relocation, search and moving difficulties; anxiety caused by lack of information, uncertainty, and resultant planning difficulty; career, education, family and social disruption; and adjustment problems, which particularly impact on those protected by this act.  Such harms have, under the common law, given rise to legal remedies, including compensatory and punitive damages.  The Legislature intends that such damages be available to all persons protected by this act and that this act shall be liberally construed in combination with other protections available under the laws of this State.2

(cf: P.L.2019, c.436, s.1)]3

 

     3[216.  Section 5 of P.L.1945, c.169 (C.10:5-5) is amended to read as follows:

     5.  As used in P.L.1945, c.169 (C.10:5-1 et seq.), unless a different meaning clearly appears from the context:

     a.     "Person" includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries.

     b.    "Employment agency" includes any person undertaking to procure employees or opportunities for others to work.

     c.     "Labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

     d.    "Unlawful employment practice" and "unlawful discrimination" include only those unlawful practices and acts specified in section 11 of P.L.1945, c.169 (C.10:5-12).

     e.     "Employer" includes all persons as defined in subsection a. of this section unless otherwise specifically exempt under another section of P.L.1945, c.169 (C.10:5-1 et seq.), and includes the State, any political or civil subdivision thereof, and all public officers, agencies, boards, or bodies.

     f.     "Employee" does not include any individual employed in the domestic service of any person.

     g.    "Liability for service in the Armed Forces of the United States" means subject to being ordered as an individual or member of an organized unit into active service in the Armed Forces of the United States by reason of membership in the National Guard, naval militia or a reserve component of the Armed Forces of the United States, or subject to being inducted into such armed forces through a system of national selective service.

     h.    "Division" means the "Division on Civil Rights" created by P.L.1945, c.169 (C.10:5-1 et seq.).

     i.     "Attorney General" means the Attorney General of the State of New Jersey or the Attorney General's representative or designee.

     j.     "Commission" means the Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-1 et seq.).

     k.    "Director" means the Director of the Division on Civil Rights.

     l.     "A place of public accommodation" shall include, but not be 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 where food is sold for consumption on the premises; any 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 operated on land or water or in the air or any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, 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 any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the State Board of Education or the Commissioner of Education of the State of New Jersey.  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, ancestry, gender identity, or expression or affectional or sexual orientation in the admission of students.

     m.   "A publicly assisted housing accommodation" shall include all housing built with public funds or public assistance pursuant to P.L.1949, c.300, P.L.1941, c.213, P.L.1944, c.169, P.L.1949, c.303, P.L.1938, c.19, P.L.1938, c.20, P.L.1946, c.52, and P.L.1949, c.184, and all housing financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof.

     n.    The term "real property" includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and leaseholds, provided, however, that, except as to publicly assisted housing accommodations and except as set forth in paragraphs (2) and (3) of subsection g. and paragraph (3) of subsection h. of section 11 of P.L.1945, c.169 (C.10:5-12), the provisions of this act shall not apply to the rental [:  (1) of a single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence; or (2)] of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence 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.  Nor does any provision under this act regarding discrimination on the basis of familial status apply with respect to housing for older persons.

     o.    "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 negotiate a sale, exchange, purchase, or rental of real estate or an interest therein, or collects or offers or attempts to collect rent for the use 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 of real estate, at a stated salary, or upon a commission, or upon a salary and commission or otherwise, to sell such real estate, or any parts thereof, in 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.

     p.    "Real estate salesperson" 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, or to collect rents for the use of real estate, or to solicit for prospective purchasers or lessees of real estate, 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.

     q.    "Disability" means physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological, or neurological conditions which prevents the typical exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.  Disability shall also mean AIDS or HIV infection.

     r.     "Blind person" or "person who is blind" means any individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lens or whose visual acuity is better than 20/200 if accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.

     s.     "Guide dog" means a dog used to assist persons who are deaf, or which is fitted with a special harness so as to be suitable as an aid to the mobility of a person who is blind, and is used by a person who is blind and has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind or deaf, as reputable and competent to provide dogs with training of this type.

     t.     "Guide or service dog trainer" means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind, have visual impairments, or are deaf or have hearing impairments, as reputable and competent to provide dogs with training, as defined in this section, and who is actually involved in the training process.

     u.    "Housing accommodation" means any publicly assisted housing accommodation or any real property, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

     v.    "Public facility" means any place of public accommodation and any street, highway, sidewalk, walkway, public building, and any other place or structure to which the general public is regularly, normally, or customarily permitted or invited.

     w.   "Deaf person" or "person who is deaf" means any person whose hearing is so severely impaired that the person is unable to hear and understand conversational speech through the unaided ear alone, and who must depend primarily on an assistive listening device or visual communication such as writing, lip reading, sign language, and gestures.

     x.    "Atypical hereditary cellular or blood trait" means sickle cell trait, hemoglobin C trait, thalassemia trait, Tay-Sachs trait, or cystic fibrosis trait.

     y.    "Sickle cell trait" means the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin S or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests.

     z.     "Hemoglobin C trait" means the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin C as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin C or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in normal proportions by standard chemical and physical analytic tests.

     aa.   "Thalassemia trait" means the presence of the thalassemia gene which in combination with another similar gene results in the chronic hereditary disease Cooley's anemia.

     bb.  "Tay-Sachs trait" means the presence of the Tay-Sachs gene which in combination with another similar gene results in the chronic hereditary disease Tay-Sachs.

     cc.   "Cystic fibrosis trait" means the presence of the cystic fibrosis gene which in combination with another similar gene results in the chronic hereditary disease cystic fibrosis.

     dd.  "Service dog" means any dog individually trained to the requirements of a person with a disability including, but not limited to minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items.  This term shall include a "seizure dog" trained to alert or otherwise assist persons with epilepsy or other seizure disorders.

     ee.   "Qualified Medicaid applicant" means an individual who is a qualified applicant pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     ff.   "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.

     gg.  "HIV infection" means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

     hh.  "Affectional or sexual orientation" means male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity, or expression, having a history thereof or being perceived, presumed, or identified by others as having such an orientation.

     ii.    "Heterosexuality" means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the other gender.

     jj.    "Homosexuality" means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the same gender.

     kk.  "Bisexuality" means affectional, emotional, or physical attraction or behavior which is directed towards persons of either gender.

     ll.    "Familial status" means being the natural parent of a child, the adoptive parent of a child, the resource family 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.

     mm.  "Housing for older persons" means housing:

     (1)   provided under any State program that the Attorney General determines is specifically designed and operated to assist persons who are elderly (as defined in the State program); or provided under any federal program that the United States Department of Housing and Urban Development determines is specifically designed and operated to assist persons who are elderly (as defined in the federal program); or

     (2)   intended for, and solely occupied by, persons 62 years of age or older; or

     (3)   intended and operated for occupancy by at least one person 55 years of age or older per unit.  In determining whether housing qualifies as housing for older persons under this paragraph, the Attorney General shall adopt regulations which require at least the following factors:

     (a)   the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

     (b)   that at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

     (c)   the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

     Housing shall not fail to meet the requirements for housing for older persons by reason of:  persons residing in such housing as of September 13, 1988 not meeting the age requirements of this subsection, provided that new occupants of such housing meet the age requirements of this subsection; or unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of this subsection.

     nn.  "Genetic characteristic" means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder, or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder, or syndrome.

     oo.  "Genetic information" means the information about genes, gene products, or inherited characteristics that may derive from an individual or family member.

     pp.  "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to identify a predisposing genetic characteristic.

     qq.  "Domestic partnership" means a domestic partnership established pursuant to section 4 of P.L.2003, c.246 (C.26:8A-4).

     [rr.  "Gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.] (Deleted by amendment, P.L.    , c.    (pending before the Legislature as this bill)

     ss.   "Civil Union" means a legally recognized union of two eligible individuals established pursuant to R.S.37:1-1 et seq. and P.L.2006, c.103 (C.37:1-28 et al.).

     tt.    "Premium wages" means additional remuneration for night, weekend, or holiday work, or for standby or irregular duty.

     uu.  "Premium benefit" means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee.

     vv.  "Race" is inclusive of traits historically associated with race, including, but not limited to, hair texture, hair types, and protective hairstyles.

     ww. "Protective hairstyles" includes, but is not limited to, such hairstyles as braids, locks, and twists.

     xx.  "Family member" means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, partner in a civil union couple, domestic partner, or any other individual related by blood to the person, and any other individual that the person shows to have a close association with the person which is the equivalent of a family relationship.

     yy.  “Source of lawful income” means any source of income lawfully obtained or any source of rental or mortgage payment lawfully obtained, including, but not limited to, any federal, State, or local public assistance or housing assistance voucher or funds, including Section 8 housing choice vouchers, temporary rental assistance programs or State rental assistance programs; rental assistance funds provided by a nonprofit organization; federal, State, or local benefits, including disability benefits and veterans’ benefits; court-ordered payments, including, but not limited to, child support, alimony, or damages; and any form of lawful currency tendered, without regard to whether such currency is tendered in the form of cash, check, money order, or other lawful means.

     zz.  “Consumer credit history” means an individual’s creditworthiness, credit standing, credit capacity, and borrowing or payment history, as indicated by: (1) a consumer credit report; (2) a credit score; or (3) information a person obtains directly from the individual regarding (i) details about credit accounts, including the individual’s number of credit accounts, late or missed payments, charged-off debts, items in collections, credit limit, or prior credit report inquiries, or (ii) bankruptcies, judgments, or liens.  As used in this subsection, a consumer credit report shall include any written or other communication of any information by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing, credit capacity or credit history.

     aaa.  “Criminal record” means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests, detentions, indictments, criminal complaints or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, release or conviction, including, but not limited to, any conviction or sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.2

(cf: P.L.2019, c.436, s.2)]3

 

     3[217.  Section 8 of P.L.1945, c.169 (C.10:5-8) is amended to read as follows:

     8.  The Attorney General shall:

     a.     Exercise all powers of the division not vested in the commission.

     b.    Administer the work of the division.

     c.     Organize the division into sections, which shall include but not be limited to a section which shall receive, investigate, and act upon complaints alleging discrimination against persons because of race, creed, color, national origin, immigration or citizenship status, ancestry, age, marital status, affectional or sexual orientation, gender identity [or] , gender expression, familial status, disability, nationality [or] , sex, criminal record or source of lawful income used for rental or mortgage payments, or because of their liability for service in the Armed Forces of the United States; and another which shall, in order to eliminate prejudice and to further good will among the various racial and religious and nationality groups in this State, study, recommend, prepare and implement, in cooperation with such other departments of the State Government or any other agencies, groups or entities both public and private, such educational and human relations programs as are consonant with the objectives of this act; and prescribe the organization of said sections and the duties of [his] the Attorney General’s subordinates and assistants.

     d.    Appoint a Director of the Division on Civil Rights, who shall act for the Attorney General, in the Attorney General's place and with the Attorney General's powers, which appointment shall be subject to the approval of the commission and the Governor, a deputy director and such assistant directors, field representatives and assistants as may be necessary for the proper administration of the division and fix their compensation within the limits of available appropriations.  The director, deputy director, assistant directors, field representatives and assistants shall not be subject to the Civil Service Act and shall be removable by the Attorney General at will.

     e.     Appoint such clerical force and employees as the Attorney General may deem necessary and fix their duties, all of whom shall be subject to the Civil Service Act.

     f.     Maintain liaison with local and State officials and agencies concerned with matters related to the work of the division.

     g.    Adopt, promulgate, amend, and rescind suitable rules and regulations to carry out the provisions of this act.

     h.    Conduct investigations, receive complaints and conduct hearings thereon other than those complaints received and hearings held pursuant to the provisions of this act.

     i.     In connection with any investigation or hearing held pursuant to the provisions of this act, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person, under oath, and, in connection therewith, require the production for examination of any books or papers relating to any subject matter under investigation or in question by the division and conduct such discovery procedures which may include the taking of interrogatories and oral depositions as shall be deemed necessary by the Attorney General in any investigation.  The Attorney General may make rules as to the issuance of subpoenas by the director.  The failure of any witness when duly subpoenaed to attend, give testimony, or produce evidence shall be punishable by the Superior Court of New Jersey in the same manner as such failure is punishable by such court in a case therein pending.

     j.     Issue such publications and such results of investigations and research tending to promote good will and to minimize or eliminate discrimination because of race, creed, color, national origin, immigration or citizenship status, ancestry, age, marital status, affectional or sexual orientation, gender identity [or] , gender expression, familial status, disability, nationality [or] , sex, criminal record  or source of lawful income used for rental or mortgage payments, as the commission shall direct, subject to available appropriations.

     k.    Render each year to the Governor and Legislature a full written report of all the activities of the division.

     l.     Appoint, subject to the approval of the commission, a panel of not more than five hearing examiners, each of whom shall be duly licensed to practice law in this State for a period of at least five years, and each to serve for a term of one year and until his successor is appointed, any one of whom the director may designate in his place to conduct any hearing and recommend findings of fact and conclusions of law.  The hearing examiners shall receive such compensation as may be determined by the Attorney General, subject to available appropriations.2

(cf: P.L.2006, c.100, s.6)]3

 

     3[218.  Section 1 of P.L.1954, c.198 (C.10:5-9.1) is amended to read as follows:

     1.  The Division on Civil Rights in the Department of Law and Public Safety shall enforce the laws of this State against discrimination in housing built with, or leased with the assistance of, public funds or public assistance, pursuant to any law, and in real property, as defined in the law hereby supplemented, because of race, religious principles, color, national origin, immigration or citizenship status, ancestry, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity [or] , gender expression, criminal record or source of lawful income used for rental or mortgage payments.  The said laws shall be so enforced in the manner prescribed in [the act to which this act is a supplement] P.L.1945, c.169 (C.10:5-1 et seq.).2

(cf: P.L.2017, c.184, s.2)]3

 

      3[219.  Section 9 of P.L.1945, c.169 (C.10:5-10) is amended to read as follows:

     9.  The commission shall:

     a.     Consult with and advise the Attorney General with respect to the work of the division.

     b.    Survey and study the operations of the division.

     c.     Report to the Governor and the Legislature with respect to such matters relating to the work of the division and at such times as it may deem in the public interest.

     The mayors or chief executive officers of the municipalities in the State may appoint local commissions on civil rights to aid in effectuating the purposes of this act.  Such local commissions shall be composed of representative citizens serving without compensation. Such commissions shall attempt to foster through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the inhabitants of the community, and they may be empowered by the local governing bodies to make recommendations to them for the development of policies and procedures in general and for programs of formal and informal education that will aid in eliminating all types of discrimination based on race, creed, color, national origin, immigration or citizenship status, ancestry, age, marital status, affectional or sexual orientation, gender identity [or] , gender expression,  familial status, disability, nationality [or] , sex , or criminal record.2

(cf: P.L.2006, c.100, s.8)]3

 

     3[220.  Section 11 of P.L.1945, c.169 (C.10:5-12) is amended to read:

     11.  It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination:

     a.     For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment; provided, however, it shall not be an unlawful employment practice to refuse to accept for employment an applicant who has received a notice of induction or orders to report for active duty in the armed forces; provided further that nothing herein contained shall be construed to bar an employer from refusing to accept for employment any person on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise; provided further that nothing herein contained shall be construed to bar an employer from refusing to accept for employment or to promote any person over 70 years of age; provided further that it shall not be an unlawful employment practice for a club exclusively social or fraternal to use club membership as a uniform qualification for employment, or for a religious association or organization to utilize religious affiliation as a uniform qualification in the employment of clergy, religious teachers or other employees engaged in the religious activities of the association or organization, or in following the tenets of its religion in establishing and utilizing criteria for employment of an employee; provided further, that it shall not be an unlawful employment practice to require the retirement of any employee who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if that employee is entitled to an immediate non-forfeitable annual retirement benefit from a pension, profit sharing, savings or deferred retirement plan, or any combination of those plans, of the employer of that employee which equals in the aggregate at least $27,000.00; and provided further that an employer may restrict employment to citizens of the United States where such restriction is required by federal law or is otherwise necessary to protect the national interest.

     The provisions of subsections a. and b. of section 57 of P.L.2003, c.246 (C.34:11A-20), and the provisions of section 58 of P.L.2003, c.246 (C.26:8A-11), shall not be deemed to be an unlawful discrimination under P.L.1945, c.169 (C.10:5-1 et seq.).

     For the purposes of this subsection, a "bona fide executive" is a top level employee who exercises substantial executive authority over a significant number of employees and a large volume of business.  A "high policy-making position" is a position in which a person plays a significant role in developing policy and in recommending the implementation thereof.

     For the purposes of this subsection, an unlawful employment practice occurs, with respect to discrimination in compensation or in the financial terms or conditions of employment, each occasion that an individual is affected by application of a discriminatory compensation decision or other practice, including, but not limited to, each occasion that wages, benefits, or other compensation are paid, resulting in whole or in part from the decision or other practice.

     In addition to any other relief authorized by the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) for discrimination in compensation or in the financial terms or conditions of employment, liability shall accrue and an aggrieved person may obtain relief for back pay for the entire period of time, except not more than six years, in which the violation with regard to discrimination in compensation or in the financial terms or conditions of employment has been continuous, if the violation continues to occur within the statute of limitations.

     Nothing in this subsection shall prohibit the application of the doctrine of "continuing violation" or the "discovery rule" to any appropriate claim as those doctrines currently exist in New Jersey common law.  It shall be an unlawful employment practice to require employees or prospective employees to consent to a shortened statute of limitations or to waive any of the protections provided by the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).

     b.    For a labor organization, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, pregnancy or breastfeeding, or sex of any individual, or because of the liability for service in the Armed Forces of the United States or nationality of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members, against any applicant for, or individual included in, any apprentice or other training program or against any employer or any individual employed by an employer; provided, however, that nothing herein contained shall be construed to bar a labor organization from excluding from its apprentice or other training programs any person on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of the particular apprentice or other training program.

     c.     For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment, or to make an inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, nationality, pregnancy or breastfeeding, or sex or liability of any applicant for employment for service in the Armed Forces of the United States, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.

     d.    For any person to take reprisals against any person because that person has opposed any practices or acts forbidden under this act or because that person has sought legal advice regarding rights under this act, shared relevant information with legal counsel, shared information with a governmental entity, or filed a complaint, testified or assisted in any proceeding under this act 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 act.

     e.     For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this act, or to attempt to do so.

     f.     (1) 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 publish, circulate, issue, display, post or mail any written or printed communication, 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, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States or nationality of such person, or that the patronage or custom thereat of any person of any particular race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding status, sex, gender identity or expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States or nationality 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; provided, however, that nothing contained herein shall be construed to bar any place of public accommodation which is in its nature reasonably restricted exclusively to individuals of one sex, and which shall include but not be limited to any summer camp, day camp, or resort camp, bathhouse, dressing room, swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or school or educational institution which is restricted exclusively to individuals of one sex, provided individuals shall be admitted based on their gender identity or expression, from refusing, withholding from or denying to any individual of the opposite sex any of the accommodations, advantages, facilities or privileges thereof on the basis of sex; provided further, that the foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1 or place where alcoholic beverages are served.

     (2)   Notwithstanding the definition of "a place of public accommodation" as set forth in subsection l. of section 5 of P.L.1945, c.169 (C.10:5-5), for any owner, lessee, proprietor, manager, superintendent, agent, or employee of any private club or association to directly or indirectly refuse, withhold from or deny to any individual who has been accepted as a club member and has contracted for or is otherwise entitled to full club membership any of the accommodations, advantages, facilities or privileges thereof, or to discriminate against any member in the furnishing thereof on account of the race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity, or expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States or nationality of such person.

     In addition to the penalties otherwise provided for a violation of P.L.1945, c.169 (C.10:5-1 et seq.), if the violator of paragraph (2) of subsection f. of this section is the holder of an alcoholic beverage license issued under the provisions of R.S.33:1-12 for that private club or association, the matter shall be referred to the Director of the Division of Alcoholic Beverage Control who shall impose an appropriate penalty in accordance with the procedures set forth in R.S.33:1-31.

     g.    For any person, including but not limited to, any 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 to deny to or withhold from any person or group of persons any real property or part or portion thereof because of race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), or source of lawful income used for rental or mortgage payments;

     (2)   To discriminate against any person or group of persons because of race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill, or source of lawful income used for rental or mortgage payments 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; notwithstanding subsection n. of P.L.1945, c.169 (C.10:5-5), for purposes of claims brought under this subsection alleging that any owner or other person having the right of ownership or possession is liable for an unlawful discrimination because an individual was subjected to unlawful harassment based on any category protected under this paragraph, the definition of “real property” shall include the rental of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental;

     (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, notwithstanding subsection n. of P.L.1945, c.169 (C.10:5-5), for the rental of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental, 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 or, notwithstanding subsection n. of P.L.1945, c.169 (C.10:5-5), for the rental of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.   (C.       )(pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill),  or source of lawful income used for rental or mortgage payments, or any intent to make any 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; provided, however, that nothing contained in this subsection shall be construed to bar any person from refusing to sell, rent, lease, assign or sublease or from advertising or recording a qualification as to [sex] gender for any room, apartment, flat in a dwelling or residential facility which is planned exclusively for and occupied by individuals of one [sex] gender to any individual of [the exclusively opposite sex] a different gender on the basis of sex provided individuals shall be qualified based on their gender identity or gender expression;

     (4)   To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from any person or group of persons any real property or part or portion thereof because of the source of any lawful income received by the person or the source of any lawful rent payment to be paid for the real property, including, but not limited to, by refusing to accept as payment any source of lawful income or by applying, in assessing eligibility for the rental of housing, any minimum income requirement or financial or consumer credit history-related standard that is not based only on the portion of the rent to be paid by the tenant; [or]

     (5)   To refuse to rent or lease any real property to another person because that person's family includes children under 18 years of age, or to make an agreement, rental or lease of any real property which provides that the agreement, rental or lease shall be rendered null and void upon the birth of a child.  This paragraph shall not apply to housing for older persons as defined in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5);

     (6)  To refuse to rent or lease, or to refuse to offer to rent or lease, any real property or portion thereof to a prospective tenant because the prospective tenant was involved in a past or pending landlord-tenant action unless such action resulted in a final judgment against the prospective tenant within three years of the effective date of the prospective rental or lease agreement, and subject to the provisions of section 13 of P.L.    , c.    (C.       )(pending before the Legislature as this bill);

     (7)  To make any inquiry regarding or based on the immigration or citizenship status of a tenant, occupant, or prospective tenant or occupant of residential rental property, or to require that any such person disclose or make any statement, representation, or certification concerning such person’s immigration or citizenship status, except to the extent permitted under section 14 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill); or

     (8)  To threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, prospective tenant or occupant, or other person known to be associated with a tenant, occupant, or prospective tenant or occupant, for the purpose of, or with the intent of, harassing or intimidating a tenant, occupant, or prospective tenant or occupant; influencing a tenant or occupant to vacate a dwelling; recovering possession of a dwelling from a tenant or occupant; or taking reprisals against a tenant, occupant, or prospective tenant or occupant under subsection d. of this section.

     h.    For any person, including but not limited to, any real estate broker, real estate salesperson, or employee or agent thereof:

     (1)   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 because of race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, liability for service in the Armed Forces of the United States, disability,  nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.    ) (pending before the Legislature as this bill), or source of lawful income used for rental or mortgage payments, 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 race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity [or], gender expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, [or] nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), or source of lawful income used for rental or mortgage payments;

     (2)  To discriminate against any person because of race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.    (C.      )(pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill),  or source of lawful income used for rental or mortgage payments 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;

     (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, notwithstanding subsection n. of P.L.1945, c.169 (C.10:5-5), for the rental of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental, 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 or, notwithstanding subsection n. of P.L.1945, c.169 (C.10:5-5),  for the rental of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), or source of lawful income used for rental or mortgage payments or any intent to make any 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; provided, however, that nothing contained in this subsection h., shall be construed to bar any person from refusing to sell, rent, lease, assign or sublease or from advertising or recording a qualification as to [sex] gender for any room, apartment, flat in a dwelling or residential facility which is planned exclusively for and occupied exclusively by individuals of one [sex] gender to any individual of [the opposite sex] a different gender on the basis of sex or gender, provided individuals shall be qualified based on their gender identity or gender expression;

     (4)  To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from any person or group of persons any real property or part or portion thereof because of the source of any lawful income received by the person or the source of any lawful rent payment to be paid for the real property, including, but not limited to, by refusing to accept as payment any source of lawful income, or by applying, in assessing eligibility for the rental of housing, any minimum income requirement or financial or consumer credit history-related standard that is not based only on the portion of the rent to be paid by the tenant; [or]

     (5)  To refuse to rent or lease any real property to another person because that person’s family includes children under 18 years of age, or to make an agreement, rental or lease of any real property which provides that the agreement, rental or lease shall be rendered null and void upon the birth of a child.  This paragraph shall not apply to housing for older persons as defined in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5);

     (6)  To refuse to rent or lease, or to refuse to offer to rent or lease, any real property or portion thereof to a prospective tenant because the prospective tenant was involved in a past or pending landlord-tenant action unless such action resulted in a final judgment against the prospective tenant within three years of the effective date of the prospective rental or lease agreement, and subject to the provisions of section 13 of P.L.    , c.    (C.     ) (pending before the Legislature as this bill);

     (7)  To make any inquiry regarding or based on the immigration or citizenship status of a tenant, occupant, or prospective tenant or occupant of residential rental property, or to require that any such person disclose or make any statement, representation, or certification concerning such person’s immigration or citizenship status, except to the extent permitted under section 14 of P.L.    , c.   (C.     ) (pending before the Legislature as this bill); or

     (8)  To threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, prospective tenant or occupant, or other person known to be associated with a tenant, occupant, or prospective tenant or occupant, for the purpose of, or with the intent of, harassing or intimidating a tenant, occupant, or prospective tenant or occupant; influencing a tenant or occupant to vacate a dwelling; recovering possession of a dwelling from a tenant or occupant; or taking reprisals against a tenant, occupant, or prospective tenant or occupant under subsection d. of this section.

     i.     For any person, bank, banking organization, mortgage company, insurance company or other financial institution, lender or credit institution involved in the making or purchasing of any loan or extension of credit, for whatever purpose, whether secured by residential real estate or not, including but not limited to 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 race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, familial status or nationality, in the granting, withholding, extending, modifying, renewing, or purchasing, or in the fixing of the rates, terms, conditions or provisions of any such loan, extension of credit or financial assistance or purchase thereof or in the extension of services in connection therewith;

     (2)   To use any form of application for such loan, extension of credit or financial assistance or to make record or inquiry in connection with applications for any such loan, extension of credit or financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, familial status or nationality or any intent to make any such limitation, specification or discrimination; unless otherwise required by law or regulation to retain or use such information;

     (3)   (Deleted by amendment, P.L.2003, c.180).

     (4)   To discriminate against any person or group of persons because of the source of any lawful income received by the person or the source of any lawful rent payment to be paid for the real property; or

     (5)   To discriminate against any person or group of persons because that person's family includes children under 18 years of age, or to make an agreement or mortgage which provides that the agreement or mortgage shall be rendered null and void upon the birth of a child.  This paragraph shall not apply to housing for older persons as defined in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).

     j.     For any person whose activities are included within the scope of this act to refuse to post or display such notices concerning the rights or responsibilities of persons affected by this act as the Attorney General may by regulation require.

     k.    For any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership, or organization, 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 race, creed, color, national origin, immigration or citizenship status except to the extent permitted under section 14 of P.L.    , c.   (C.   ) (pending before the Legislature as this bill), ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity [or] , gender expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States, nationality, criminal record except to the extent permitted under sections 1 through 12 of P.L.    , c.    (C.    ) (pending before the Legislature as this bill), 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.

     l.     For any person to refuse to buy from, sell to, lease from or to, license, contract with, or trade with, provide goods, services or information to, or otherwise do business with any other person on the basis of the race, creed, color, national origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, marital status, civil union status, domestic partnership status, liability for service in the Armed Forces of the United States, disability, nationality, or source of lawful income used for rental or mortgage payments of such other person or of such other person's family members, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers.  This subsection shall not prohibit refusals or other actions (1) pertaining to employee-employer collective bargaining, labor disputes, or unfair labor practices, or (2) made or taken in connection with a protest of unlawful discrimination or unlawful employment practices.

     m.   For any person to:

     (1)   Grant or accept any letter of credit or other document which evidences the transfer of funds or credit, or enter into any contract for the exchange of goods or services, where the letter of credit, contract, or other document contains any provisions requiring any person to discriminate against or to certify that he, she or it has not dealt with any other person on the basis of the race, creed, color, national origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, marital status, civil union status, domestic partnership status, disability, liability for service in the Armed Forces of the United States, or nationality of such other person or of such other person's family members, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers.

     (2)   Refuse to grant or accept any letter of credit or other document which evidences the transfer of funds or credit, or refuse to enter into any contract for the exchange of goods or services, on the ground that it does not contain such a discriminatory provision or certification.

     The provisions of this subsection shall not apply to any letter of credit, contract, or other document which contains any provision pertaining to employee-employer collective bargaining, a labor dispute or an unfair labor practice, or made in connection with the protest of unlawful discrimination or an unlawful employment practice, if the other provisions of such letter of credit, contract, or other document do not otherwise violate the provisions of this subsection.

     n.    For any person to aid, abet, incite, compel, coerce, or induce the doing of any act forbidden by subsections l. and m. of section 11 of P.L.1945, c.169 (C.10:5-12), or to attempt, or to conspire to do so. Such prohibited conduct shall include, but not be limited to:

     (1)   Buying from, selling to, leasing from or to, licensing, contracting with, trading with, providing goods, services, or information to, or otherwise doing business with any person because that person does, or agrees or attempts to do, any such act or any act prohibited by this subsection; or

     (2)   Boycotting, commercially blacklisting or refusing to buy from, sell to, lease from or to, license, contract with, provide goods, services or information to, or otherwise do business with any person because that person has not done or refuses to do any such act or any act prohibited by this subsection; provided that this subsection shall not prohibit refusals or other actions either pertaining to employee-employer collective bargaining, labor disputes, or unfair labor practices, or made or taken in connection with a protest of unlawful discrimination or unlawful employment practices.

     o.    For any multiple listing service, real estate brokers' organization or other service, organization or facility related to the business of selling or renting dwellings to deny any person access to or membership or participation in such organization, or to discriminate against such person in the terms or conditions of such access, membership, or participation, on account of race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for service in the Armed Forces of the United States or nationality.

     p.    Nothing in the provisions of this section shall affect the ability of an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of State or federal law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee's gender identity or expression.

     q.    (1) For any employer to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require a person to violate or forego a sincerely held religious practice or religious observance, including but not limited to the observance of any particular day or days or any portion thereof as a Sabbath or other holy day in accordance with the requirements of the religion or religious belief, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's religious observance or practice without undue hardship on the conduct of the employer's business.  Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which those premium wages or premium benefits would ordinarily be applicable, if the employee is working during those hours only as an accommodation to his religious requirements. Nothing in this subsection q. shall be construed as reducing:

     (a)   The number of the hours worked by the employee which are counted towards the accruing of seniority, pension or other benefits; or

     (b)   Any premium wages or benefits provided to an employee pursuant to a collective bargaining agreement.

     (2)   For an employer to refuse to permit an employee to utilize leave, as provided for in this subsection q., which is solely used to accommodate the employee's sincerely held religious observance or practice.  Except where it would cause an employer to incur an undue hardship, no person shall be required to remain at his place of employment during any day or days or portion thereof that, as a requirement of his religion, he observes as his Sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his place of employment and his home; provided that any such absence from work shall, wherever practicable in the reasonable judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, and any such absence not so made up or charged, may be treated by the employer of that person as leave taken without pay.

     (3) (a) For purposes of this subsection q., "undue hardship" means an accommodation requiring unreasonable expense or difficulty, unreasonable interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system or a violation of any provision of a bona fide collective bargaining agreement.

     (b)   In determining whether the accommodation constitutes an undue hardship, the factors considered shall include:

     (i)    The identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer.

     (ii)   The number of individuals who will need the particular accommodation for a sincerely held religious observance or practice.

     (iii)  For an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.

     (c)   An accommodation shall be considered to constitute an undue hardship if it will result in the inability of an employee to perform the essential functions of the position in which he or she is employed.

     (d)   (i) The provisions of this subsection q. shall be applicable only to reasonable accommodations of religious observances and shall not supersede any definition of undue hardship or standards for reasonable accommodation of the disabilities of employees.

     (ii)   This subsection q. shall not apply where the uniform application of terms and conditions of attendance to employees is essential to prevent undue hardship to the employer.  The burden of proof regarding the applicability of this subparagraph (d) shall be upon the employer.

     r.     For any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to, any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding the job title, occupational category, and rate of compensation, including benefits, of the employee or any other employee or former employee of the employer, or the gender, race, ethnicity, military status, or national origin of the employee or any other employee or former employee of the employer, regardless of whether the request was responded to, or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or to otherwise require an employee or prospective employee to agree, not to make those requests or disclosures.  Nothing in this subsection shall be construed to require an employee to disclose such information about the employee herself to any other employee or former employee of the employer or to any authorized representative of the other employee or former employee.

     s.     For an employer to treat, for employment-related purposes, a woman employee that the employer knows, or should know, is affected by pregnancy or breastfeeding in a manner less favorable than the treatment of other persons not affected by pregnancy or breastfeeding but similar in their ability or inability to work.  In addition, an employer of an employee who is a woman affected by pregnancy shall make available to the employee reasonable accommodation in the workplace, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work, for needs related to the pregnancy when the employee, based on the advice of her physician, requests the accommodation, and, in the case of a employee breast feeding her infant child, the accommodation shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express breast milk for the child, unless the employer can demonstrate that providing the accommodation would be an undue hardship on the business operations of the employer.  The employer shall not in any way penalize the employee in terms, conditions or privileges of employment for requesting or using the accommodation. Workplace accommodation provided pursuant to this subsection and paid or unpaid leave provided to an employee affected by pregnancy or breastfeeding shall not be provided in a manner less favorable than accommodations or leave provided to other employees not affected by pregnancy or breastfeeding but similar in their ability or inability to work.  This subsection shall not be construed as otherwise increasing or decreasing any employee's rights under law to paid or unpaid leave in connection with pregnancy or breastfeeding.

     For the purposes of this section "pregnancy or breastfeeding" means pregnancy, childbirth, and breast feeding or expressing milk for breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding, including recovery from childbirth.

     For the purposes of this subsection, in determining whether an accommodation would impose undue hardship on the operation of an employer's business, the factors to be considered include: the overall size of the employer's business with respect to the number of employees, number and type of facilities, and size of budget; the type of the employer's operations, including the composition and structure of the employer's workforce; the nature and cost of the accommodation needed, taking into consideration the availability of tax credits, tax deductions, and outside funding; and the extent to which the accommodation would involve waiver of an essential requirement of a job as opposed to a tangential or non-business necessity requirement.

     t.     For an employer to pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility.  An employer who is paying a rate of compensation in violation of this subsection shall not reduce the rate of compensation of any employee in order to comply with this subsection.  An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority system, a merit system, or the employer demonstrates:

     (1)   That the differential is based on one or more legitimate, bona fide factors other than the characteristics of members of the protected class, such as training, education or experience, or the quantity or quality of production;

     (2)   That the factor or factors are not based on, and do not perpetuate, a differential in compensation based on sex or any other characteristic of members of a protected class;

     (3)   That each of the factors is applied reasonably;

     (4)   That one or more of the factors account for the entire wage differential; and

     (5)   That the factors are job-related with respect to the position in question and based on a legitimate business necessity.  A factor based on business necessity shall not apply if it is demonstrated that there are alternative business practices that would serve the same business purpose without producing the wage differential.

     Comparisons of wage rates shall be based on wage rates in all of an employer's operations or facilities.  For the purposes of this subsection, "member of a protected class" means an employee who has one or more characteristics, including race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces, for which subsection a. of this section prohibits an employer from refusing to hire or employ or barring or discharging or requiring to retire from employment or discriminating against the individual in compensation or in terms, conditions or privileges of employment.2

(cf: P.L.2019, c.436, s.3)]3

 

     3[221.  Section 12 of P.L.1992, c.146 (C.10:5-12.5) is amended to read as follows:

     12.  a.  It shall be an unlawful discrimination for a municipality, county, 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 race, creed, color, national origin, ancestry, marital status, familial status, sex, affectional or sexual orientation, gender identity [or] , gender expression, liability for service in the Armed Forces of the United States, nationality, or disability.

     b.    The provisions of subsection a. of this section may only be enforced by initiating an action in Superior Court pursuant to paragraph (2) of subsection a. of section 12 of P.L.1945, c.169 (C.10:5-13).  The restrictions of this subsection shall not apply to claims alleging discrimination in housing owned or managed by a municipality, county or other local civil or political subdivision of the State of New Jersey where such discrimination is otherwise prohibited by section 11 of P.L.1945, c.169 (C.10:5-12).2

(cf: P.L.2019, c.436, s.4)]3

 

     3[222.  Section 2 of P.L.1983, c.412 (C.10:5-14.1a) is amended to read as follows:

     2.  Any person who violates any of the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), shall, in addition to any other relief or affirmative action provided by law, be liable for the following penalties:

     a.     In an amount not exceeding [$10,000] the greater of $25,000 or the maximum civil penalty amount provided for violations of the federal “Fair Housing Act,” 42 U.S.C. ss. 3601 et seq., if the respondent has not been adjudged to have committed any prior violation within the five-year period ending on the date of the filing of this charge;

     b.  In an amount not exceeding [$25,000] the greater of $50,000 or the maximum civil penalty amount provided for violations of the federal “Fair Housing Act,” 42 U.S.C. ss. 3601 et seq., if the respondent has been adjudged to have committed one other violation within the five-year period ending on the date of the filing of this charge; and

     c.  In an amount not exceeding [$50,000] the greater of $100,000 or the maximum civil penalty amount provided for violations of the federal “Fair Housing Act,” 42 U.S.C. ss. 3601 et seq., if the respondent has been adjudged to have committed two or more violations within the seven-year period ending on the date of the filing of this charge.

     d.  The penalties shall be determined by the director in such amounts as [he]  the director deems proper under the circumstances and included in [his] the director’s order following [his] the director’s finding of an unlawful discrimination or an unlawful employment practice pursuant to section 16 of P.L.1945, c.169 (C.10:5-17). Any such amounts collected by the director shall be paid forthwith into the State Treasury for the general purposes of the State.2

(cf: P.L.2019, c.436, s.7)]3

 

     1[7.] 2[10.1] 3[23.  (New section)2  In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Attorney General 1[may] shall1 adopt the rules and regulations necessary to effectuate the purposes of 1[this act] P.L.   c.    , (C.       ) (pending before the Legislature as this bill) on or before the first day of the fifth month next following enactment1.]3

 

     1[8.] 2[11.1] 3[24.2  This act shall take effect on the first day of the seventh month next following the date of enactment, but the Attorney General may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.]3

 

     31.   This act shall be known and may be cited as the “Fair Chance in Housing Act.”3

 

     32.   The Legislature finds and declares that:

     a.     Recent research indicates that New Jersey suffers from a tragically high 36-month recidivism rate of over 30 percent;

     b.  Housing instability appears to impact recidivism, considering that over one in 10 prisoners in the United States face homelessness upon release;

     c.  Research from other states indicates a substantial increase in the likelihood of a parolee’s arrest following each change in address, further supporting the conclusion that when ex-convicts are unable to find stable housing, recidivism becomes more likely and public safety is diminished;

     d.  Prior to the 1990s when popular guidance documents began advising landlords to conduct criminal background checks on prospective tenants, criminal background information was not widely-available and convenient to landlords for informing rental decisions, but many landlords were nonetheless able to maintain safe and healthy rental properties; and

     e.  It is, therefore, necessary and in the public interest for the Legislature to enact legislation for the purpose of establishing certain housing rights of persons with criminal records.3

 

     33.  As used in this act:

     "Applicant" means any person considered for, who requests to be considered for, or who requests to be considered for tenancy within a rental dwelling unit.

     “Conditional offer” means an offer to rent or lease a rental dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant’s criminal record, or any other eligibility criteria that the housing provider may lawfully utilize.

     “Criminal record” means information about an individual collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests, detentions, indictments, criminal complaints, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, release or conviction, including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.

     “Director” means the Director of the Division on Civil Rights.

     “Division” means the Division on Civil Rights in the Department of Law and Public Safety.

     “Housing provider” means a landlord, an owner, lessor, sublessor, assignee, or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental dwelling unit.

     “Pending criminal accusation” means an existing accusation that an individual has committed a crime, lodged by a law enforcement agency through an indictment, information, complaint, or other formal charge. 

     “Rental dwelling unit” means a dwelling unit offered for rent by a housing provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than four dwelling units.3

 

     34.  a.  (1)  A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant’s criminal record prior to the provision of a conditional offer, except that a housing provider may consider whether an applicant has ever been convicted of drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.

     (2)   A housing provider shall not make any oral or written inquiry regarding an applicant’s criminal record prior to making a conditional offer.

     (3)  An applicant may provide evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     b.  Prior to accepting any application fee, a housing provider shall disclose in writing to the applicant:

     (1)   Whether the eligibility criteria of the housing provider include the review and consideration of criminal history; and

     (2)   A statement that the applicant, pursuant to subsection a. of this section, may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     c.  A housing provider shall apply the standards established by this section to each applicant in a nondiscriminatory manner.3

 

     35.  a.  A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records:

     (1)  arrests or charges that have not resulted in a criminal conviction;

     (2)  expunged convictions;

     (3)  convictions erased through executive pardon;

     (4)  vacated and otherwise legally nullified convictions;

     (5)  juvenile adjudications of delinquency; and

     (6)  records that have been sealed.

     b.  After the issuance of a conditional offer to an applicant, a housing provider may only consider a criminal record in the applicant’s history that:

     (1)  resulted in a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault in violation of N.J.S.2C:14-2, causing or permitting a child to engage in a prohibited sexual act or in the simulation of such an act in violation of paragraph (3) of subsection b. of N.J.S.2C:24-4, or any crime that resulted in lifetime registration in a state sex offender registry;

     (2)  is for an indictable offense of the first degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within the six years immediately preceding the issuance of the conditional offer;

     (3)  is for an indictable offense of the second or third degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within the four years immediately preceding the issuance of the conditional offer; or

     (4)  is for an indictable offense of the fourth degree that was issued, or if the conviction resulted in a prison sentence that sentence concluded, within one year immediately preceding the issuance of the conditional offer.

     c.  (1)  A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the housing provider determines, by preponderance of the evidence, that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest.

     (2) If a housing provider withdraws a conditional offer, the housing provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the conditional offer and an opportunity to appeal the denial by providing evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.

     (3)  The housing provider shall perform an individualized assessment of the application in light of the following factors:

     (a)  the nature and severity of the criminal offense;

     (b)  the age of the applicant at the time of the occurrence of the criminal offense;

     (c)  the time which has elapsed since the occurrence of the criminal offense;

     (d)  any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;

     (e)  the degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and

     (f)  whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.

     d.  (1)  the applicant may request, within 30 days after the housing provider's notice of the withdrawal, that the housing provider afford the applicant a copy of all information that the housing provider relied upon in considering the applicant, including criminal records.

     (2)  a housing provider shall provide the information requested under paragraph (1) of this subsection, free of charge, within l0 days after receipt of a timely request.3

 

     36.   a.  The director shall prepare:

     (1)  a model disclosure statement as indicated in subsection b. of section 4 of this act which provides notice that a housing provider intends to review and consider a person’s criminal record in determining eligibility for housing or in taking any other adverse housing action against that person.  The statement shall also provide an explanation of the criminal records that may be considered and the manner in which they may be considered, in accordance with the provisions of section 5 of this act.  The statement shall also notify the person of the right to dispute, within 10 days of receiving such statement, the relevance and accuracy of the criminal record and to offer evidence of any mitigating facts or circumstances, including but not limited to the person’s rehabilitation and good conduct since the criminal offense in question; and 

     (2)  a model notice that provides notice that a housing provider has withdrawn a conditional offer or taken an adverse housing action based on a person’s criminal record, provides space for the housing provider to identify with specificity the reason or reasons for withdrawing the conditional offer or taking the adverse housing action.  The notification form shall also notify the person of the right to request from the housing provider a copy of all information upon which the housing provider relied in reaching its decision, including criminal records, and of the right to file a complaint with the division, as well as the applicable statute of limitations, and shall include such other additional information as the director deems appropriate.

     b.  The model documents prepared pursuant to this section shall be made available on the division’s Internet website, at no cost, and shall be in English, Spanish, and in any other language the director deems appropriate.3

 

     37.  a.  A housing provider shall not knowingly or purposefully publish, or cause to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has been arrested or convicted of one or more crimes or offenses, except for drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.

     b.  A housing provider shall not 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 use any form of application for the rental, lease, or sublease of any real property or part or portion thereof or make any record or inquiry in connection with the prospective rental, lease, or sublease of any real property or part or portion thereof which expresses, directly or indirectly, any unlawful limitation, specification or discrimination as to criminal record, except as permitted by this act and for drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.

     c.  Unless otherwise required by law, a housing provider shall not:

     (1)  distribute or disseminate an applicant’s criminal record to any person who is not expected to use the criminal record for the purpose of evaluating the applicant in a manner consistent with this act; or

     (2)  use an applicant’s criminal record for a purpose that is not consistent with this act.3

 

     38.  a.  To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of this act shall be immune from liability in any civil action arising as a result of the landlord’s decision to rent to individuals with a criminal record or who were otherwise convicted of a criminal offense, or as a result of a landlord’s decision to not engage in a criminal background screening.

     b.  Nothing in subsection a. of this section shall be construed to affect in any way the immunity from liability conferred by law upon a landlord who rents an apartment to a person with a conviction for murder, aggravated sexual assault, kidnapping, arson, human trafficking, sexual assault in violation of N.J.S.2C:14-2, causing or permitting a child to engage in a prohibited sexual act or in the simulation of such an act in violation of paragraph (3) of subsection b. of N.J.S.2C:24-4, or any crime that resulted in lifetime registration in a state sex offender registry.3

 

     39.  A housing provider shall not require an applicant to submit to a drug or alcohol test, or request the applicant’s consent to obtain information from a drug abuse treatment facility.3

 

     310.  A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act.  If the division determines that a housing provider has engaged in one or more unlawful actions against a person with the intent of retaliating for the person’s filing of an action against the housing provider pursuant to section 12 of this act, then each unlawful retaliatory action shall be enforced, pursuant to section 12 of this act, as a separate and distinct violation of this act.3

 

     311. The division shall maintain data on the number of complaints filed pursuant to this act, demographic information on the complainants, the identity of the housing providers, the number of investigations conducted, and the disposition of every complaint and investigation.  The division shall annually publish and post on the division’s Internet website, information on substantiated complaints that have resulted in the issuance of a monetary penalty pursuant to section 12 of this act.  The division shall not publish on the division’s Internet website information regarding any complaint against a housing provider for which the housing provider is in good faith compliance with the requirements made by the director pursuant to subsection a. of section 12 of this act.3

 

     312.  a.  An action that alleges a violation of this act shall not be initiated by any person in court.  The director, or an applicant or prospective applicant who believes that a housing provider has violated a provision of this act with respect to that applicant or prospective applicant, may file a complaint with the division.  Upon the filing of a complaint by a person other than the director, the division shall make a good faith effort to notify the housing provider of the alleged violation and offer the housing provider the opportunity to mediate and address the complaint within 14 days of receiving the notice.  The division shall not subject a housing provider to any penalty pursuant to subsection c. of this section if the complaint is addressed pursuant to the process identified in this subsection.

     b.  If the complaint is not resolved in accordance with subsection a. of this section, and the division determines following an investigation that the complaint is substantiated, the director shall issue a monetary penalty against the housing provider and may require the housing provider to take one or more of the actions authorized by subsection d. of this section. 

     (1)  A housing provider may appeal a final decision by the director issued pursuant to this section to the Appellate Division of the Superior Court. 

     (2)  A complainant may appeal, to the Appellate Division of the Superior Court, a finding by the director following an investigation that the complaint is not substantiated, but the complainant may not appeal a decision by the director not to investigate a complaint. 

     c.  A housing provider who violates a provision of this act shall be liable for the following applicable penalties:

     (1)  an amount not to exceed $1,000 if the housing provider has not committed any prior violation within the five-year period ending on the date of the filing of the charge;

     (2)  an amount not to exceed $5,000 if the housing provider has committed one other violation within the five-year period ending on the date of the filing of the charge; and

     (3)  an amount not to exceed $10,000 if the housing provider has committed two or more other violations within the seven-year period ending on the date of the filing of the charge.

     d.  The director is authorized to require a housing provider to take one or more of the following actions upon a finding that the housing provider has violated a provision of this act:

     (1)  The director may require a housing provider to cease and desist from continuing to violate this act; to communicate in writing to the housing provider’s employees and agents their obligations under this act; and to report to the director on the manner of compliance for a period not to exceed two years provided that the housing provider does not commit future violations of the act;

     (2)  If a housing provider has committed at least one other violation of this act within the preceding five-year period, the director may require the housing provider to make a good faith effort to remedy the violation with respect to the applicant when a remedy is possible, by issuing a conditional offer, if the violation has resulted in a failure to issue a conditional offer, or by providing the same or a similar rental dwelling unit to the applicant on the same terms as the prior conditional offer if the same or a similar rental dwelling unit is currently or will become available, if the violation has resulted in the withdrawal of a conditional offer.  Notwithstanding any provision of the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.) to the contrary, if an appeal by a housing provider is successful, and the court overturns a final decision of the director that resulted in an order under this paragraph, then a determination that the housing provider did not violate the provisions of this act as evidenced by such successful appeal shall be grounds for the housing provider to evict the former applicant if that person resides in a rental dwelling unit owned by the housing provider as the result of the director’s order, so long as the housing provider provides the applicant with at least 45 days’ notice prior to the eviction;

     (3)  Unless housing is provided to the applicant pursuant to paragraph (2) of this subsection, the director may require that the applicant’s rental application fee be returned; and

     (4)  The director may require that a portion of the sum owed by the housing provider pursuant to subsection c. of this section be paid to the applicant in an amount not to exceed $1,000.

     e.  Nothing herein contained shall bar, exclude or otherwise affect any right or action which may exist independently of any right or action created herein, including but not limited to any right or action under P.L.1945, c.169 (C.10:5-1 et seq.).3

     313.  In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the director shall adopt the rules and regulations necessary to effectuate the purposes of this act on or before the first day of the fifth month next following enactment.3 

 

     314.  This act shall take effect on the first day of the seventh month next following the date of enactment, but the division may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.3