New Jersey-2022-S3317-Introduced

An Act concerning discriminatory practices in real estate appraisals and supplementing and amending P.L.1991, c.68.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) 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 the appraisal analysis of a property, 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 property, present owners or occupants of the property, or the present owners or occupants of the properties in the vicinity of the property, or on any other basis prohibited by federal, State, or local law.

b. For the purpose of this section, "property" 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 a transaction does not involve the associated parcel or tract of land.

2. Section 18 of P.L.1991, c.68 (C.45:14F-18) is amended to read as follows:

18. a. No license shall be renewed unless the renewal applicant submits satisfactory evidence to the board that the renewal applicant has successfully completed the continuing education requirements prescribed pursuant to P.L.1991, c.68 (C.45:14F-1 et seq.). The board shall not require less than the number of hours acceptable to the Appraisal Subcommittee of the Appraisal Foundation for the continuing education of licensed real estate appraisers.

b. No certificate shall be renewed unless the renewal applicant submits satisfactory evidence to the board that the renewal applicant has successfully completed the continuing education requirements prescribed pursuant to P.L.1991, c.68 (C.45:14F-1 et seq.) for the type of certificate for which renewal is sought. The board shall not require less than the number of hours of continuing education prescribed by the Appraisal Qualifications Board of the Appraisal Foundation as a national standard for the continuing education of certified real estate appraisers.

c. Continuing education may include classroom instruction in courses, seminars or other activities as approved by the board. As part of the continuing education requirements prescribed pursuant to P.L.1991, c.68 (45:14F-1 et seq.), a holder of a license or certification under P.L.1991, c.68 (C.45:14F-1 et seq.) shall be required to complete a fair housing and appraisal bias education course offered by the Appraisal Qualifications Board.

(cf: P.L.2017, c.72, s.30)

3. This act shall take effect on the 180th day next following enactment.

STATEMENT

This bill prohibits discriminatory practices in property appraisals and requires real estate appraisers to participate in anti-bias training.

Under the bill, a real estate appraiser will be prohibited from considering, as part of the appraisal analysis of a property, 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 property, present owners or occupants of the property, or the present owners or occupants of the properties in the vicinity of the property, or on any other basis prohibited by federal, State, or local law.

Additionally, the bill requires a real estate appraiser to complete a fair housing and appraisal bias education course offered by the Appraisal Qualifications Board of the Appraisal Foundation in order to satisfy the appraiser's continuing education requirements.