Toms River Bans Real Estate Soliciting In Two Areas

TOMS RIVER, NJ -- Real estate soliciting has been banned in two areas of northern Toms River for five years, under an ordinance unanimously approved by the Toms River Township Council Tuesday night.

The ban comes in the wake of months of conflict over the activities of real estate agents in the part of town closest to Lakewood, which has experienced tremendous growth among its Orthodox Jewish population.

That population growth has led to real estate agents from Lakewood canvassing nearby neighborhoods in search of homeowners willing to sell.

Residents of the North Dover neighborhoods, however, have said the canvassing wasn’t merely people knocking on their doors asking if they were interested in selling; they say the canvassing took on an aggressive, harassing tone, with comments that suggested the neighborhood was going to change for the worse, that property values would fall and more. Those tactics, called blockbusting, have been illegal nationally and in New Jersey since the late 1960s.

A 38-page report prepared by Toms River Business Administrator Paul Shives and Township Attorney Ken Fitzsimmons and accepted by the Township Council Tuesday night details the reasons for the the cease-and-desist ban. It is modeled on ordinances in other parts of the state and on one in New York state that withstood a federal court challenge on constitutional grounds.

The report includes complaints that were emailed to township officials, police calls and testimony from a Jan. 21 hearing where residents spoke of repeated, ongoing harassment. One resident who testified at the hearing said real estate solicitations occurred at his home every Sunday for weeks until he registered his home under the township’s “No Knock” ordinance and put the no-knock sticker in his window:

“Every Sunday, even if I’m playing with my kids in the driveway, people are stopping by and taking pictures and asking ‘Are you interested to sell,’ “ the man said.

The report says in some areas, children playing outside were approached and asked if their homes or homes nearby were for sale. In one instance, a group of teens and preteens who were playing street hockey were approached. The resident said the kids have since stopped playing street hockey because of the volume of cars driving down the streets taking pictures of houses.

Fourteen permits for real estate canvassing were issued by the township after the permit requirement went into effect, the report notes, with all but one targeting the North Dover areas.

The blockbusting detailed in the report included testimony from a resident who said he was told that a group of family members was ”ready to buy the whole neighborhood:”

“ ’We want to buy every single house ... and my community wanted to move to this area. Why do you want to live with us?’ I said, ‘What do you mean?’ And when he learned my profession as a physician, he said, ‘Oh, I guess having a physician in the neighborhood is not a bad thing, and we need a Gentile in the neighborhood.’ “

In another instance, a couple who wanted to view a house for sale during an open house were prevented from entering the home by the real estate agent, who told them the neighborhood was changing to Orthodox, the report says. The homeowners allowed the couple in, and told the couple they had given in but felt like they were being forced out of their home, according to the testimony.

During the council meeting, a number of residents got up and expressed support for the ordinance and thanked the council for it. No one spoke against the ban.

“People shouldn’t be pushed out of their neighborhoods or coerced to leave,” Michael DeDominicis said. “You shouldn’t have to put signs in front of your house saying it’s not for sale. This (canvassing) is not normal real estate practice.”

Council President Brian Kubiel thanked the residents for bearing with the township through the process it took to enact the ban.

“Unfortunately, things take time,” he said. “We do the best we can to help the residents.”

“We achieved what we set out to achieve: to make sure you have the quality of life you deserve,“ Kubiel said, sparking applause from the audience.

The ban goes into effect immediately and last for five years. Fitzsimmons said the township could not make the ban permanent, and when it expires in five years, if a new ban is needed the process for instituting it will have to be repeated.