Assemblywoman Mosquera Bill Tackling Mortgage Discrimination and Foreclosure Practices In New Jersey Advances In Assembly
I’m a sponsor on A-401 which 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 the person’s familial status. It also would allow anyone discriminated against in violation of the bill to bring action in New Jersey in a court of competent jurisdiction. Upon finding that a depository institution is in violation, the court would be permitted to award actual damages, reasonable attorneys’ fees, and court costs.
I believe we need to address the concerns of mortgage discrimination and foreclosure practices. No one should be denied or delayed loans because of their familial status. As long as the candidate is qualified for the loan, whether or not they have children or are on maternity leave or expanding their families, should not be considered as part of the loan application process.
Familial status is defined 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.
The bill was advanced by the Assembly Financial Institutions and Insurance Committee. It is now reported out of the Assembly Committee for a 2nd reading.