Bill > A1195

Introduced Session

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 such investigations into any matters pertaining to the bill, including the power 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

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Gabriela Mosquera (D)*,  Raj Mukherji (D)*,  Benjie Wimberly (D)*, 

Received in the Senate, Referred to Senate Commerce Committee (on 12/11/2017)