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Bill > A1323


NJ A1323

NJ A1323
Prohibits mortgage loan discrimination based on familial status.


summary

Introduced
01/11/2022
In Committee
01/11/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill prohibits depository institutions that make mortgage loans in this State from discriminating against any person in making available a mortgage loan, or in the terms or conditions of a mortgage loan, because of that person's familial status. The bill defines "familial status" as 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. The bill provides that any person who has been discriminated against in violation of the bill may bring an action in New Jersey in a court of competent jurisdiction. Upon finding that a depository institution is in violation, the court may award actual damages, reasonable attorneys' fees, and court costs. The bill also empowers the Commissioner of Banking and Insurance to make investigations into any matters pertaining to the bill, and to hold hearings and issue subpoenas to compel the attendance of witnesses and the production of evidence. The commissioner may also order institutions found to be in violation to cease any unlawful practices, subject to review, hearing, and relief in the Superior Court.

AI Summary

This bill prohibits depository institutions, such as banks and credit unions, that make mortgage loans in New Jersey from discriminating against individuals based on their familial status when offering or providing the terms of a mortgage loan. Familial status is defined broadly to include being a natural, adoptive, or resource family parent, having a parent-child relationship, or having custody or guardianship of a child under 18 or being pregnant. The bill provides a legal avenue for individuals who have been discriminated against to seek actual damages, attorneys' fees, and court costs. It also empowers the Commissioner of Banking and Insurance to investigate violations, hold hearings, issue subpoenas, and order institutions to cease unlawful practices, subject to review by the Superior Court.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

Introduced, Referred to Assembly Financial Institutions and Insurance Committee (on 01/11/2022)

bill text


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