SENATE SUBSTITUTE FOR
SENATE, No. 777
STATE OF NEW JERSEY
220th LEGISLATURE
ADOPTED NOVEMBER 21, 2022
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
Senator TROY SINGLETON
District 7 (Burlington)
Co-Sponsored by:
Senators Cunningham, Ruiz and Turner
SYNOPSIS
Concerns discriminatory appraisals of property on basis of race, creed, color, national origin, or certain other characteristics.
CURRENT VERSION OF TEXT
As amended by the Senate on February 27, 2023.
An Act concerning real estate appraisals and supplementing P.L.1991, c.68 (C.45:14F-1 et seq.) and chapter 15 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the “Fair Appraisals Act.”
2. As used in this act:
“Appraisal” means a valuation of property as defined pursuant to P.L.1991, c.68 (C.45:14F-2).
1“Board” means the State Real Estate Appraiser Board.1
“Property” or “real estate” means an identified parcel or tract of land, for residential or commercial use, with improvements and including easements, rights of way, undivided or future interests, or similar rights in a tract of land, but does not include mineral rights, timber rights, growing crops, water rights, or similar interests severable from the land when the transaction does not involve the associated parcel or tract of land.
3. a. Consistent with the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), a holder of a license or certificate under P.L.1991, c.68 (C.45:14F-1 et seq.) or registration under P.L.2017, c.72 (C.45:14F-27 et al.) shall not discriminate in the appraisal of real estate on the basis of the actual or perceived race, creed, color, national origin, affectional or sexual orientation, sex, gender identity or expression, disability, or other characteristic protected under subsections g. and h. of section 11 of the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-12) of the property buyer, property owner, agents of the property buyer or owner, or present owners or occupants of the properties within the neighborhood of the property subject to appraisal.
b. (1) If the holder of a license, certificate, or registration is found to have discriminated in the appraisal of real estate in violation of subsection a. of this section, the discriminatory appraisal shall be void and of no effect and, for a first violation, the board shall:
(a) 1[levy a fine to be determined by the board;
(b) ]1order the holder to make restitution of the cost of the discriminatory appraisal; and
1[(c)] (b)1 require the holder to attend an anti-bias seminar approved by the board that shall include information on existing anti-discrimination laws and how they relate to housing and appraisals.
(2) If the holder of a license, certificate, or registration is found to have committed a second violation of subsection a. of this section, the board shall:
(a) suspend the license, certificate or registration and order the holder to make restitution of the cost of the discriminatory appraisal; and
(b) require the holder to attend an anti-bias seminar approved by the board that shall include information on existing anti-discrimination laws and how they relate to housing and appraisals.
(3) The board may restore the license, certificate, or registration of a holder found to have committed a second violation of subsection a. of this section upon proof that the holder made restitution required pursuant to subparagraph (a) of paragraph (2) of this subsection and attended the anti-bias seminar approved by the board after a period of suspension of no less than 30 days.
(4) If the holder of a license, certificate, or registration is found to have committed a third violation of subsection a. of this section, the board shall, after appropriate notice and hearing, revoke the license, certificate, or registration and order the holder to make restitution of the cost of the discriminatory appraisal.
(5) The holder of a license, certificate, or registration that is found to have committed a violation of subsection a. of this section shall also be subject to a civil penalty not exceeding $10,000 for a first violation, $25,000 for a second violation occurring within five years of the first, and $50,000 for a third violation. A civil penalty imposed pursuant to this paragraph shall be collected by the board pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).
1(6) Any discriminatory appraisal of real estate by the holder of a license, certificate, or registration pursuant to subsection a. of this section shall be void and of no effect.1
c. Whenever the board finds cause to suspend the license, certificate or registration of a holder pursuant to paragraph (2) of subsection b. of this section, the board shall notify the holder of the reasons therefor, in writing, and provide opportunity for a hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The board shall also provide the notification to the Division on Civil Rights 1within the Department of Law and Public Safety1 for review and appropriate action.
d. 1[The] When the board receives a complaint of appraisal discrimination pursuant to subsection a. of this section, the1 board shall notify a complainant under this section of the option to file a complaint with the Division on Civil Rights pursuant to the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.) 1and notify the Division on Civil Rights of the complaint of appraisal discrimination within 14 days of receiving the complaint. Any complaints of alleged discrimination shall be received and investigated by the Division on Civil Rights. If, upon investigation, a finding of discrimination is made, the division shall forward its findings to the board1.
e. Nothing in this section shall be construed to limit in any way the board’s authority to take any action against the holder of a license, certificate, or registration based on discriminatory conduct or for any other reason or to limit any rights protected by or powers afforded to the Division on Civil Rights pursuant to the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.).
4. a. 1[Prior to the initiation of a real estate appraisal, a holder of a license or certificate under P.L.1991, c.68 (C.45:14F-1 et seq.) or registration under P.L.2017, c.72 (C.45:14F-27 et al.) shall provide a property owner or agent of the property owner with a document, given free of charge and in a form and manner prescribed by the board, informing the property owner of the opportunity to report, through the Division on Civil Rights within the Department of Law and Public Safety Internet website or telephone number, any suspicion of a discriminatory appraisal by the holder of a license, certificate or registration pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)] Upon first interaction with a property owner or agent of the property owner, a licensed mortgage broker or licensed real estate broker, broker-salesperson, or salesperson shall provide a property owner or agent of the property owner with a document, given free of charge and in a form and manner prescribed by the board, informing the property owner of the opportunity to report, through the Internet website or telephone number of the Division on Civil Rights in the Department of Law and Public Safety, any suspicion of a discriminatory appraisal by the holder of a license, certificate or registration pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislation as this bill)1.
b. (1) When receiving a report of an alleged discriminatory appraisal, the Division on Civil Rights shall ascertain the basis for the allegation and solicit from the complainant relevant demographic information, including but not limited to, the identity of the complainant within the characteristics listed pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The complainant may provide the demographic information solicited by the division on a voluntary basis.
(2) The division shall compile the demographic information of the complainants provided pursuant to paragraph (1) of this subsection and shall report in the aggregate the demographic information collected to the Governor and to the Legislature in accordance with section 2 of P.L.1991, c.164 (C.52:14-19.1) on or before July 1, 2024.
1[c. Any reports of alleged discrimination pursuant to subsection a. of this section shall be investigated by the Division on Civil Rights. If, upon investigation, a finding of discrimination is made, the division shall forward its findings to the board.
d.] c.1 Information concerning the prohibition of a discriminatory appraisal of real estate, including the statutory basis for prohibition, shall be published on the Division of Consumer Affairs website.
5. Upon first interaction with a property buyer or agent of the property buyer, a licensed 1mortgage broker or licensed1 real estate broker, broker-salesperson, or salesperson shall provide to the property buyer a document, given free of charge and prescribed by the State Real Estate Appraiser Board pursuant to section 4 of P.L. , c. (C. ) (pending before the legislature as this bill), informing the property buyer of the opportunity to report, through the Internet website or telephone number of the Division on Civil Rights 1in the Department of Public Safety1, any suspicion of a discriminatory appraisal by the holder of a license 1[or certification under P.L.1991, c.68 (C.45:14F-1 et seq.) or registration under P.L.2017, c.72 (C.45:14F-27 et al.) on the basis of the actual or perceived race, creed, color, national origin, affectional or sexual orientation, sex, gender identity or expression, disability, or other characteristic protected under subsections g. and h. of section 11 of the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-12) of the property buyer, property owner, agents of the property buyer or owner, or present owners or occupants of the properties within the neighborhood of the property subject to appraisal] certificate or registration pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. During a private sale of real estate, the property owner or agent of the property owner shall provide, upon first interaction with a property buyer or agent of the property buyer, a free document informing the property buyer of the opportunity to report, through the Internet website or telephone number of the Division on Civil Rights in the Department of Law and Public Safety, any suspicion of a discriminatory appraisal by the holder of a license, certificate or registration pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)1.
6. This act shall take effect immediately.