reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.8 - Criminal records that can be considered only after a conditional offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before the issuance of a conditional offer to an applicant, a housing provider may not consider any criminal record in the applicant's history, except for a conviction 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) 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.A. 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.A. 2C:24-4, or any crime that resulted in lifetime registration in a State sex offender registry, or their equivalents under Federal law or the laws of another state;
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, or their equivalents under Federal law or the laws of another state;
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 their equivalents under Federal law or the laws of another state; 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, or their equivalents under Federal law or the laws of another state.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.9 - Withdrawal of conditional offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the criminal record check is conducted consistent with the requirements at N.J.A.C. 13:5-1.8, and only if the housing provider determines, by preponderance of the evidence, that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest.
1. The determination of whether an interest is substantial, legitimate, and nondiscriminatory requires a case-specific, fact-based inquiry, where "substantial interest" means a core interest of the entity that has a direct relationship to the function of that entity, "legitimate" means that a justification is genuine and not false or pretextual, and "nondiscriminatory" means that the justification for a challenged practice or policy does not itself discriminate based on a protected class.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.10 - Provision of information concerning withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant may request, within 30 days after the housing provider's notice of the withdrawal, 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 free of charge, within l0 days of receipt of the request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.11 - Advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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, that expresses, directly or indirectly, any unlawful limitation, specification, or discrimination as to criminal record.
(b) A housing provider shall not advertise that the provider will not consider any applicant who has been arrested, charged with, or convicted of a crime or offense, nor shall a housing provider make any statement in connection with a housing opportunity that the provider will not consider any applicant who has been arrested, charged with, or convicted of a criminal offense.
(c) A housing provider shall not use any word, term, phrase, or expression that explicitly influence s, dissuade s, discourage s, or repel s any person or persons from seeking housing because of a prior criminal history.
(d) The provision of this section shall not preclude a housing provider from making limited inquiries concerning drug-related criminal activity for the manufacture or production of methamphetamine on the premises of Federally assisted housing, or whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program, or engaging in any advertising or making any statement that it will not consider an applicant who has engaged in drug-related criminal activity for the manufacture or production of methamphetamine on the premises of Federally assisted housing, or an applicant who is subject to a lifetime registration requirement under a State sex offender registration program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.12 - Prohibition on dissemination of criminal record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 the Act or this chapter; or
2. Use an applicant's criminal record for a purpose that is not consistent with the Act or this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.13 - Immunity from civil liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of the Act or this chapter 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 at (a) above 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.A. 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.A. 2C:24-4, or any crime that resulted in lifetime registration in a State sex offender registry.
(c) Nothing in this section shall be construed to grant immunity to a housing provider for failure to take reasonable action or refusal to take reasonable action in connection with actual conduct by a tenant during the tenancy, or to excuse a housing provider from stopping, preventing, or remedying a hostile housing environment created by a tenant's actual conduct during the tenancy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.14 - Prohibition on drug testing

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.15 - Retaliation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under the Act or this chapter.
(b) 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 under the Act, then each unlawful retaliatory action shall be enforced as a separate and distinct violation of the Act and this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 2 - ENFORCEMENT PROVISIONS › Section 13:5-2.1 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or prospective applicant who believes that a housing provider has violated a provision of the Act may file a complaint with the Division by submitting a signed complaint to the Division electronically, by regular mail, or in person at any office of the Division. Any complaint that is submitted electronically may be signed electronically as well.
(b) Any complaint filed by an applicant or prospective applicant shall be filed with the Division within 180 days of the date of the alleged violation. The filing of a complaint or any other pleading shall be proven by the time it was submitted electronically, or, for filings submitted by regular mail or in person, the official stamp of the Division or by the signature of any official, employee, or investigator and their written notation indicating the date of receipt.
(c) A complaint shall be filed in a format approved by the Director. The complaint shall set forth in separate numbered paragraphs the following:
1. The full name of all complainants;
2. The full name and address of all respondents, if known; and
3. A brief statement setting forth the facts deemed to constitute the alleged violation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 2 - ENFORCEMENT PROVISIONS › Section 13:5-2.3 - Investigation and findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following review of the complaint and responsive documents filed by the respondent, the Director shall determine whether to conduct an investigation of a complaint.
(b) In conducting an investigation, the Division may exercise all investigative powers set forth at N.J.S.A. 10:5-8 and N.J.A.C. 13:4-4.
(c) If, following an investigation, the Division determines that the allegations in the complaint are not substantiated, the Division shall advise the parties of that determination and that such determination is the final agency action on the complaint.
(d) A complainant may appeal to the Appellate Division of the Superior Court, a determination pursuant to (c) above that a complaint is not substantiated, but the complainant may not appeal a decision by the Director not to investigate a complaint.
(e) If, following an investigation, the Division determines that the allegations in the complaint are substantiated, it shall issue a notice of violation to respondent. The notice of violation shall notify the respondent of the nature of the violation and the acts or omissions supporting such violation. The notice of violation shall also include the proposed remedies and penalties imposed as a result of the violation. The respondent shall also be advised of its appeal rights as set forth at N.J.A.C. 13:5-2.4. The complainant shall also be advised of the results of the investigation.
(f) Upon receipt of a notice of violation, the respondent shall, within 15 days, respond to the Division, in writing, and either:
1. Acknowledge the violation and agree to the proposed remedies and penalties; or
2. Deny the allegation and request an appeal pursuant to N.J.A.C. 13:5-2.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 2 - ENFORCEMENT PROVISIONS › Section 13:5-2.4 - Appeals by respondents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a notice of violation is issued by the Division pursuant to N.J.A.C. 13:5-2.3(e), the respondent shall have the right to file an appeal with the Director. Any appeal of a notice of violation shall be submitted electronically.
(b) An appeal must be received by the Director within 15 calendar days following receipt by the respondent of the notice of violation. The filing of an appeal under this section shall stay the enforcement of any remedies and penalties imposed pursuant to N.J.A.C. 13:5-2.3.
(c) The Director shall decide any appeal filed pursuant to (b) above on the written record or shall provide a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 2 - ENFORCEMENT PROVISIONS › Section 13:5-2.5 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A housing provider who violates a provision of the 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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 2 - ENFORCEMENT PROVISIONS › Section 13:5-2.6 - Remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any violation of the Act, the Director may 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 the Act:
1. The Director may require a housing provider to cease and desist from continuing to violate the Act; to communicate, in writing, to the housing provider's employees and agents their obligations under the 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. The Director may require a housing provider to provide training to its employees and agents on their obligations under the Act;
3. If a housing provider has committed at least one other violation of the Act or this chapter 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 (N.J.S.A. 2A:18-61.1et seq.) to the contrary, if a respondent's appeal of a determination by the Director finding a violation 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 the 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;
4. Unless housing is provided to the applicant pursuant to (a)2 above, the Director may require that the applicant's rental application fee be returned; and
5. The Director may require that a portion of the sum owed by the housing provider pursuant to N.J.A.C. 13:5-2.5be paid to the applicant in an amount not to exceed $ 1,000.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 2 - ENFORCEMENT PROVISIONS › Section 13:5-2.7 - Confidentiality of Division's investigatory files

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to records designated as confidential pursuant to the provisions at N.J.S.A. 47:1A-1et seq., any other law, rules promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation, or Federal order, and except as otherwise set forth in this subchapter, the Division's investigatory records shall be considered confidential and exempt from public access pursuant to N.J.S.A. 47:1A-1et seq., other than any final agency disposition concerning an investigation or any notice of violation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 1 - LAW AGAINST DISCRIMINATION POSTERS › Section 13:8-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The definitions set forth at N.J.S.A. 10:5-1 et seq. shall apply to this subchapter, in addition to the definitions stated below:
1. For purposes of this chapter, a "health care entity" means any place of public accommodation that acts as a "dispensary, clinic, or hospital," or that provides medical or health "services" (N.J.S.A. 10:5-5.l) including, but not limited to, any healthcare facility licensed pursuant to N.J.S.A. 26:2H-12.56; any health maintenance organization authorized to operate pursuant to N.J.S.A. 26:2J-2; any carrier that offers a managed care plan pursuant to N.J.S.A. 26:2S-2; a State or county psychiatric hospital, a State developmental center, or a staffing registry (N.J.S.A. 26:2H-12.2.b); any mental health facility or substance abuse treatment facility providing treatment services pursuant to N.J.S.A. 30:4-27.2; and any place open to the public where medical or health services are provided by an individual licensed pursuant to Title 45 of the New Jersey statutes (N.J.S.A. 45:1-34).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 1 - LAW AGAINST DISCRIMINATION POSTERS › Section 13:8-1.2 - Display of employment poster

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall publish an official employment poster.
(b) All labor organizations, employment agencies, and employers of employees covered by the Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) shall display the official employment poster of the Division in places easily visible to all employees and applicants for employment. The official employment poster of the Division is available for downloading and printing on the Division's website,
www.njcivilrights.gov
, or at any of the Division's offices. Any poster printed from the Division's website shall be printed on no smaller than letter size paper (81/2 by 11 inches) and contain text that is fully legible and large enough to be easily read. Whenever the poster is modified, the Division shall issue and publicize a public notice consistent with N.J.A.C. 13:1E-4.4 to alert covered entities that a revised poster has been published and is available from the Division.
(c) Each employer covered by the Law Against Discrimination shall provide each employee with a written copy of the official employment poster:
1. Annually, on or before December 31 of each year; and
2. Upon the first request of an employee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 1 - LAW AGAINST DISCRIMINATION POSTERS › Section 13:8-1.3 - Display of housing poster

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall publish an official sales and rentals housing poster and an official property management housing poster. If an entity engages in both the sale and rental of real property and engages in management of residential real property, the entity shall display both the official sales and rentals housing poster and the official property management housing poster, in places easily visible to all prospective tenants, purchasers, residents (including tenants or owners), and all prospective tenants and purchasers.
(b) All real estate brokers and all persons who engage in the business of selling or renting their own or others' real property shall display the official sales and rentals housing poster of the Division in places easily visible to all prospective tenants and purchasers.
1. For the purpose of this subsection, a person is not engaged in the business of selling real property solely because he or she sells, or attempts to negotiate the sale of, his or her own residence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 1 - LAW AGAINST DISCRIMINATION POSTERS › Section 13:8-1.4 - Display of public accommodation poster; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall publish an official public accommodation poster. In addition, the Division may publish official posters specific to particular categories of places of public accommodation, including, but not limited to, the categories identified at N.J.S.A. 10:5-5.l.
(b) All places of public accommodation shall display the official public accommodation poster of the Division in places easily visible to all persons seeking or using the accommodations.
(c) If the Division has created and made available on the Division's website one or more official posters specific to a particular category of place of public accommodation, including, but not limited to, the categories identified at N.J.S.A. 10:5-5.l, a place of public accommodation belonging to that category shall display, in lieu of the poster identified at (a) above, the category-specific posters in one or more places easily visible to all persons seeking or using the accommodations.
(d) All official public accommodations posters of the Division are available for downloading and printing on the Division's website,
www.njcivilrights.gov
or at any of the Division's offices. Any poster printed from the Division's website shall be printed on no smaller than letter size paper (81/2 by 11 inches) and contain text that is fully legible and large enough to be easily read. Whenever a poster is modified, the Division shall issue and publicize a public notice consistent with N.J.A.C. 13:1E-4.4 to alert covered entities that a revised poster has been published and is available from the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 1 - LAW AGAINST DISCRIMINATION POSTERS › Section 13:8-1.5 - Public accommodation poster at health care entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Health care entities subject to the requirements in this section shall not be required to separately comply with the poster requirement at N.J.A.C. 13:8-1.4(b). This section shall apply only to health care entities with a physical place of business at which individuals are eligible to receive health care services.
(b) The Division shall publish one or more official health care entity posters.
(c) All health care entities shall display an official health care entity poster of the Division in places easily visible to all persons seeking or using the entities. Such places shall include, but need not to be limited to, a location near each entrance through which the public can enter or exit and all public waiting rooms. In addition to displaying the health care entity poster in those places required by this subsection, the health care entity may also choose to display the health care entity posters in other locations, including individual treatment rooms, or on a digitally accessible platform code (QR Code) posted in plain view around the entity.
(d) The Division may publish official posters specific to particular categories of health care entities, including, but not limited to, hospitals, outpatient offices, urgent care clinics, testing sites, and women's health centers.
(e) If the Division has created and made available on the Division's website,
www.njcivilrights.gov
, one or more official posters specific to a particular category of health care entity, a health care entity belonging to that category shall display, in lieu of the poster identified at (d) above, one or more of such category-specific posters in the places identified at (c) above.
(f) All official health care entity posters of the Division are available for downloading and printing on the Division's website,
www.njcivilrights.gov
, or at any of the Division's offices. Any poster printed from the Division's website shall be printed on no smaller than letter size paper (81/2 by 11 inches) and contain text that is fully legible and large enough to be easily read. Whenever a poster is modified, the Division shall issue and publicize a public notice consistent with N.J.A.C. 13:1E-4.4 to alert covered entities that a revised poster has been published and is available from the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 1 - LAW AGAINST DISCRIMINATION POSTERS › Section 13:8-1.6 - Violation

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with this subchapter shall constitute a violation of N.J.S.A. 10:5-12.j.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 2 - FAMILY LEAVE ACT POSTER › Section 13:8-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The definitions set forth in 34:11B-1 et seq. shall apply to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 2 - FAMILY LEAVE ACT POSTER › Section 13:8-2.2 - Display of Family Leave Act poster

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall publish an official Family Leave Act poster.
(b) All employers covered by the Family Leave Act (N.J.S.A. 34:11B-1 et seq.), whether or not they have any eligible employees pursuant to the act, shall display the official Family Leave Act poster of the Division in places easily visible to all employees. The official Family Leave Act poster of the Division is available for downloading and printing on the Division's website,
www.njcivilrights.gov
, or at any of the Division's offices. Any poster printed from the Division's website shall be printed on no smaller than letter size paper (8 1/2 by 11 inches) and contain text that is fully legible and large enough to be easily read. Whenever the poster is modified, the Division shall issue and publicize a public notice consistent with N.J.A.C. 13:1E-4.4 to alert covered employers that a revised poster has been published and is available from the Division.
(c) Each covered employer shall provide each employee with a written copy of the official Family Leave Act poster:
1. Annually, on or before December 31 of each year; and
2. Upon the first request of an employee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 8 - DISPLAY OF OFFICIAL POSTERS OF THE DIVISION ON CIVIL RIGHTS › Subchapter 2 - FAMILY LEAVE ACT POSTER › Section 13:8-2.3 - Violation

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with this subchapter shall constitute a violation of 34:11B-6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 9 - ADVERTISING RELATING TO REAL PROPERTY › Subchapter 1 - GENERAL PROVISIONS › Section 13:9-1.1 - Discriminatory advertising regarding realty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be a violation of the Law Against Discrimination, N.J.S.A. 10:5-1et seq., for any person, including any newspaper or publication published or circulated within this State, to make, print, publish, circulate, issue, display, post, utter or disseminate or to cause to be made, printed, published, circulated, issued, displayed, posted, uttered or disseminated any print or electronic notice, listing, statement, sign or advertisement regarding the sale, lease, sub-lease, rental or assignment of any real property, which expresses, overtly or subtly, directly or indirectly, any preference, limitation, specification or discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, sex, pregnancy, breastfeeding, gender identity or expression, familial status, nationality, disability, affectional or sexual orientation, source of lawful income used for rental or mortgage payments, or liability for service in the Armed Forces of the United States, as such terms may be defined in the Law Against Discrimination, NJ.S.A. 10:5-1 et seq.
(b) This section applies to real property as defined in the Law Against Discrimination, NJ.S.A. 10:5-1 et seq., public housing and the rental of:
1. A single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence at the time of such rental; and
2. 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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 1 - DEFINITIONS › Section 13:10-1.1 - Words and phrases defined

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (Unless the context indicates to the contrary all terms used in this rule have the same meanings as in 10:5-1 et seq.)
"Apartment rental turn-over" means a change of leaseholder.
"Applicant" means any person who appears before either the owner, lessor, agent or other principal or operator of a multiple apartment development for the purpose of renting an apartment.
"Barrier free" means adequate and sufficient features which are available in buildings or structures so as to make them accessible to and usable by people with physical disabilities.
"Leaseholder" means the party with whom the landlord has contracted for the apartment rental, whether the contracting be orally or in writing. It shall include any subletee or assignee of the contract where notice or approval of subletting or assignment is a condition of the contract.
"Multiple apartment development" means one or more buildings situated at the same general location and operated under one management or with ownership in common. It shall include, but not be limited to, an apartment building or buildings and garden apartments.
"Racial/ethnic designation" means designation in one or more of the following classifications:
1. Black or African American: a person having origins in any of the original peoples of Africa;
2. American Indian or Alaska Native: a person having origins in any of the original peoples of North or South America;
3. Asian: a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam;
4. Hispanic or Latino: a person of Cuban, Mexican, Puerto Rican, South or Central American or other Spanish origin or culture, or a person having a Spanish surname;
5. Native Hawaiian or Other Pacific Islander: a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands; and/or
6. White or Caucasian: a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter are adopted to enable the Division on Civil Rights to study patterns of housing occupancy, investigate practices of discrimination and affirmatively administer the Law Against Discrimination, 10:5-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.2 - Persons required to report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or owners of every multiple apartment development which has 25 units or more shall file an annual report with the Division on Civil Rights concerning the racial/ethnic composition of the multiple dwelling, whether any of its buildings or developments are barrier-free, and factors affecting its composition.
(b) Where there are multiple owners of a development and the development is operated as one unit, a consolidated report may be filed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.3 - Form and contents of report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The report shall be submitted on forms approved by the Attorney General and said forms shall be available on the website of the Division on Civil Rights (
www.NJCivilRights.gov
).
(b) The report may include information concerning:
1. Racial/ethnic designation of applicants for apartment rental;
2. Racial/ethnic designation of apartment leaseholders;
3. Apartment rental turn-overs;
4. Apartment rental recruiting techniques;
5. Rental rates and apartment sizes;
6. Whether the multiple apartment development is barrier-free; and
7. Such other information as the Attorney General determines is necessary to effectuate the purposes of this rule.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.4 - Filing of reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) One copy of the report shall be filed with the Division on Civil Rights on a yearly basis. The report shall be filed electronically using the website of the Division on Civil Rights.
(b) The report shall be due on January 30 of each year. Each annual report shall include information for January 1 through December 31 of the preceding year.
(c) The date of filing of a report filed through the Division on Civil Rights website shall be the date the report is submitted in full on the website and an acknowledgment of receipt is issued.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.5 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or owners of the multiple apartment development shall be responsible to have maintained at all times the following records:
1. Racial/ethnic designation of each applicant for apartment rental;
2. Racial/ethnic designation of each apartment leaseholder;
3. Racial/ethnic designation of each new leaseholder;
4. Apartment rental recruiting techniques employed; and
5. Such other records as the Attorney General determines is necessary to effectuate the purposes of these provisions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.6 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with this chapter shall constitute a violation of the Law Against Discrimination, 10:5-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 10 - MULTIPLE DWELLING REPORTS › Subchapter 2 - REPORTING › Section 13:10-2.7 - Late filing penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or owners of a multiple apartment development who files a report more than 15 calendar days after the time for filing reports set forth in 13:10-2.4, but not later than 30 calendar days after such time for filing, shall be subject to a penalty for late filing of $ 100.00.
(b) An owner or owners of a multiple apartment development who files a report more than 30 calendar days after the time for filing reports set forth in N.J.A.C. 13:10-2.4, but not later than 60 calendar days after such time for filing, shall be subject to a penalty for late filing of $ 250.00.
(c) An owner or owners of a multiple apartment development who files a report more than 60 calendar days after the time for filing reports set forth in N.J.A.C. 13:10-2.4, but not later than 90 calendar days after such time for filing, shall be subject to a penalty for late filing of $ 500.00.
(d) An owner or owners of a multiple apartment development who files a report more than 90 calendar days after the time for filing reports set forth in 13:10-2.4 shall be subject to a penalty in an amount designated by the Director of the Division on Civil Rights pursuant to 10:5-14.1a.
(e) Payment of the fees under (a), (b) and (c) above shall be transmitted in the form of a check made payable to "Treasurer--State of New Jersey."
(f) The Director of the Division on Civil Rights may, in his or her discretion, waive all or part of the penalties incurred with the late filing of a report or reports for good cause shown, so long as such waiver would not compromise the purpose of the reports as set forth in N.J.A.C. 13:10-2.1. An owner of a multiple apartment development may apply to the Director of the Division on Civil Rights for a waiver or relaxation of the penalties incurred because of the late filing or failure to file a report or reports. Such request shall be made in writing, and shall set forth, with specificity, the owner's reasons for late filing or failure to file. If applicable, documentation supporting the request should be included. The Director may consider such factors as the owner's previous filing history, the owner's promptness in filing the report upon notice of delinquency, DCR resources expended on addressing the delinquency, and any exceptional circumstances related to the delinquency (which may include an owner's undue hardship, economic or otherwise).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 11 - EMPLOYMENT ADVERTISING › Subchapter 1 - GENERAL PROVISIONS › Section 13:11-1.1 - Employment advertising generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be a violation of the Law Against Discrimination, 10:5-1 et seq., and more particularly, 10:5-12.a, .b, .c, and .e, for any employer, union, or employment agency, or any newspaper or other publication published or circulated within this State to print, publish, post, or circulate, or to cause to be printed, published, posted, or circulated, any print, electronic, or other advertisement relating to employment, employment opportunities, job openings, union membership, apprentice programs, job training programs, or any of the terms, conditions, or privileges thereof, which expresses, overtly or subtly, directly or indirectly, any limitation, specification, preference, or discrimination based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, sex, nationality, affectional or sexual orientation, gender identity or expression, disability, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or liability for service in the Armed Forces of the United States, or any intent to make such limitation, unless based on a bona fide occupational qualification.
(b) The use of any word, term, phrase, or expression that tends to influence, persuade or dissuade, encourage or discourage, attract, or repel any person or persons because of race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, nationality, affectional or sexual orientation, gender identity or expression, disability, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or liability for service in the Armed Forces of the United States, or sex shall be considered discriminatory advertising in violation of the Law Against Discrimination, 10:5-1 et seq.
(c) Notwithstanding (a) and (b) above, the following language, whether alone or in any combination, does not violate the LAD when published in an advertisement for employment, employment opportunities, job openings, union membership, apprentice programs or job training programs provided the advertisement does not otherwise exclude, directly or indirectly, any qualified applicant based on a characteristic listed in (a) above:
1. Equal Opportunity Employer;
2. Equal Opportunity/Affirmative Action Employer;
3. All qualified applicants encouraged to apply; or
4. Equal Opportunity/Affirmative Action Employer: All qualified individuals, including minorities, women and people with disabilities, are encouraged to apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 11 - EMPLOYMENT ADVERTISING › Subchapter 1 - GENERAL PROVISIONS › Section 13:11-1.2 - Exception for advertising ordered by Director

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this Chapter shall be deemed to prohibit the Director from including in any of his orders against any respondent employer, union or employment agency a provision requiring said respondent to include in any advertisement regarding any employment opportunity the term "Equal Opportunity" or any substantially similar term.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 11 - EMPLOYMENT ADVERTISING › Subchapter 1 - GENERAL PROVISIONS › Section 13:11-1.3 - Preferences expressed in column heading or body of advertisement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No language in a category heading, label, or job title associated with any advertisement related to employment or employment-related opportunities shall express any limitation, specification, discrimination, or preference based on age, sex, affectional or sexual orientation, gender identity or expression, marital status, civil union status, domestic partnership status, race, creed, color, national origin, ancestry, nationality, disability, or liability for service in the Armed Forces of the United States, except for category headings, labels, or job titles for advertisements for jobs or employment-related opportunities that meet the bona fide occupational qualification standards set forth in 13:11-1.4.
(b) Whenever a "help wanted" advertisement is to contain any job title or job description for a position that is not one for which sex is a "bona fide occupational qualification" as defined in 13:11-1.4, the job title shall be stated in terms that are neutral in terms of sex, unless use of a gender-neutral job title is not practicable.
(c) If the use of a neutral job title is not practicable, then the advertisement may contain the non-neutral job title provided, however, that the advertisement also includes:
1. The job title which is the sex counterpart of the non-neutral job title; or
2. The designation "M/W".
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 11 - EMPLOYMENT ADVERTISING › Subchapter 1 - GENERAL PROVISIONS › Section 13:11-1.4 - Bona fide occupational qualification exception; application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of this chapter, the "bona fide occupational qualification" (BFOQ) exception shall include only those vocational qualifications that are reasonably necessary to the normal operation of the particular business, enterprise, or apprentice or other training program.
(b) The exception shall be interpreted so that individuals will be considered for employment on the basis of their individual capacities and not on the basis of any characteristics generally attributable to their group.
(c) The employer, employment agency, or union has the burden of establishing that race, creed, color, national origin, ancestry, nationality, age, marital status, civil union status, affectional or sexual orientation, gender identity or expression, domestic partnership status, disability, liability for service in the Armed Forces of the United States, or sex is a bona fide occupational qualification.
(d)The application of the exception is not warranted where based on, for example:
1. Assumptions of the comparative general employment characteristics of persons of a particular race, creed, color, national origin, ancestry, nationality, age, sex, affectional or sexual orientation, gender identity or expression, civil union status, domestic partnership status, disability, liability for service in the Armed Forces of the United States, or marital status, such as their turnover rate;
2. Stereotyped characteristics of the aforementioned classes, such as their mechanical ability or aggressiveness;
3. Customer, client, co-worker or employer preference, or historical usage, tradition, or custom; or
4. The necessity of providing separate facilities of a personal nature, such as rest rooms or dressing rooms.