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Bill > A401


NJ A401

NJ A401
Prohibits mortgage loan discrimination based on familial status.


summary

Introduced
01/09/2018
In Committee
06/18/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 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, savings and loan associations, and credit unions) in New Jersey from discriminating against individuals in making mortgage loans or setting the terms and conditions of those loans based on the person's familial status. Familial status is defined to include natural parents, adoptive parents, resource family parents, and those with a parent-child relationship or legal custody of a child under 18, as well as pregnant individuals. The bill allows individuals who have been discriminated against to bring legal action and seek 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 courts.

Committee Categories

Business and Industry

Sponsors (3)

Last Action

Reported out of Assembly Committee, 2nd Reading (on 06/18/2018)

bill text


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