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A4252
ASSEMBLY, No. 4252
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
sAssemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Establishes penalties for appraisers who engage in
discriminatory real estate appraisals and requires certain information to be
provided to present and prospective owners or occupants of real estate.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning enforcement of real estate
appraisals, amending P.L.2024, c.63 and supplementing 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.��� Section 1 of P.L.2024,
c.63 (C.45:14F-21.1) is amended to read as follows:
����� 1.�� �
a.� No holder of a license 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.) shall consider,
as part of a real estate appraisal, the race, color, religion, sex, actual or
perceived sexual orientation, actual or perceived gender identity, age, actual
or perceived marital status, disability, familial status, or national origin of
either the prospective owners or occupants of the real estate or real property,
the present owners or occupants of the real estate or real property, or the
present owners or occupants of the real estate or real properties in the
vicinity of the property, or on any other basis prohibited by federal, State,
or local law.�
A holder of a license, certificate, or registration that is
found to have discriminated in the appraisal of real estate in violation of this
subsection shall be in violation of
the �Law Against
Discrimination,� P.L.1945, c.169 (C.10:5-1 et seq.).
����� 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)� 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.
�����
(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.).
�����
(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.
�����
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 within the Department of Law and Public Safety for review and
appropriate action.
��
d.
��
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.).
����
e.���� When the board
receives a complaint of appraisal discrimination pursuant to subsection a. of
this section, the 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.) and 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 board.
����
f.
���� This
section shall be in addition to and shall not be construed to supersede the
provisions of any other federal or State law prohibiting such conduct.
(cf: P.L.2024, c.63, s.1)
���� 2.��� (New section)
�a.�
Within three
days of a first interaction with a present owner or occupant of the real estate
or real property, or the agent of the present owner or occupant, a licensed
real estate broker, broker-salesperson, or salesperson shall provide the owner
or occupant, or agent of the owner or occupant, with a document, given free of
charge and in a form and manner prescribed by the board, informing the owner or
occupant 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 1 of
P.L.2024, c.63 (C. ).
�
���� b.��� During a private sale of
real estate, the present owner of the real estate or real property, or the
agent of the present owner, shall provide a prospective owner of the real
estate or real property or agent of the prospective owner with a document,
given free of charge and in a form and manner prescribed by the board,
informing the prospective 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 1 of P.L.2024, c.63 (C.������ ).� The document shall
be provided to the prospective owner or agent of the prospective owner within
three days of the prospective owner signing a real estate purchase agreement
with the present owner.
���� c.���� Within three days of
receiving an application for a mortgage loan, a licensed mortgage broker, real
estate broker, broker-salesperson, or other mortgage salesperson shall provide
the applicant with a document, given free of charge and in a form and manner
prescribed by the board, informing the applicant 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 1 of P.L.2024, c.63 (C.������
).
���� d.��� (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 1 of P.L.2024, c.63 (C.������� ).� 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, 2026.
���� 3.��� This act shall take
effect on the 180th day next following enactment.
STATEMENT
���� This bill establishes
penalties for appraisers who engage in discriminatory real estate appraisals
and requires certain information to be provided to present and prospective
owners or occupants of real estate.
���� Under the bill, holders of
appraisal licenses or certificates, or appraisal management company
registrations, may have their licenses, certificates or registrations revoked
or suspended, or be subject to fines, if the State Real Estate Appraiser Board
determines that the holder of the credential has engaged in a discriminatory
appraisal of real estate on the basis of the race, color, religion, sex, actual
or perceived sexual orientation, actual or perceived gender identity, age,
actual or perceived marital status, disability, familial status, or national
origin of either the prospective owners or occupants of the real estate or real
property, the present owners or occupants of the real estate or real property,
or the present owners or occupants of the real estate or real properties in the
vicinity of the property, or on any other basis prohibited by federal, State,
or local law.
���� If the board finds a holder of
a credential discriminated in the appraisal of real estate, the appraisal is
deemed void and, for a first violation, the board is to fine the holder, order
the holder to make restitution of the cost of the discriminatory appraisal, and
require the holder to attend an anti-bias seminar approved by the board. �A
second violation requires the board to suspend the credential of the holder,
order the holder to make restitution by covering the cost of the appraisal, and
require the holder to attend an anti-bias seminar approved by the board. �A
credential may be restored after a second violation if the individual
demonstrates restitution of the discriminatory appraisal and completion of the
required anti-bias seminar after a period of suspension of no less than 30
days. �If a third violation is committed, the board, after appropriate notice
and a hearing, is to revoke the credential of the holder and order the holder
to make restitution of the discriminatory appraisal. �A holder of a credential
who discriminates in the appraisal of real estate is also subject to civil
penalties of varying amounts depending on the violation�up to $10,000 for a
first violation; up to $25,000 for a second violation occurring within five
years of the first; and up to $50,000 for a third violation.
���� Additionally, the bill
provides that within three days of a first interaction or within three days of
receiving a mortgage loan application, a licensed mortgage broker or licensed
real estate broker, broker-salesperson, or salesperson must provide the present
owners or occupants of the real estate or real property, the prospective owners
or occupants of the real estate or real property, or the agents of the present
or prospective owners or occupants with a document, provided free of charge,
that contains information, in a form and manner as prescribed by the board,
informing the present or prospective owner of the opportunity to report,
through the Internet website or telephone number of the Division on Civil
Rights, any suspicion of discriminatory appraisal by the holder of an
appraising credential.
���� Finally, the bill requires
that, when receiving a report of an alleged discriminatory appraisal, the
Division on Civil Rights must ascertain the basis for the allegation and
solicit from the complainant relevant demographic information, including but
not limited to the identity of the complainant. The complainant may provide the
demographic information solicited by the division on a voluntary basis.� The
division must compile any demographic information provided by the complainants
and report in the aggregate the demographic information collected to the
Governor and to the Legislature on or before July 1, 2026.