N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.4
Failure to use barrier free housing standards, unlawful discrimination
Operative Text
11. A failure to design and construct any multi-family dwelling of four units or more in accordance with barrier free standards promulgated by the Commissioner of Community Affairs pursuant to section 5 of P.L.1975, c.217 (C.52:27D-123) shall be an unlawful discrimination. The Commissioner of Community Affairs shall ensure that standards established meet or exceed the standards established under the federal "Fair Housing Amendments Act of 1988," Pub. L.100-430. Whenever the Attorney General receives a complaint alleging an unlawful discrimination pursuant to this section, the Attorney General shall refer the complaint to the Commissioner of Community Affairs for a determination and report as to whether there is a violation of such standards. Following receipt of the report, a complaint alleging an unlawful discrimination pursuant to this section shall be investigated and prosecuted in accordance with the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.). Nothing in this section shall be construed to limit any enforcement authority of the Commissioner of Community Affairs or the Attorney General otherwise provided by law. Nothing in the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.1971, c.269 (C.52:32-4 et seq.) shall be deemed to limit the powers of the Attorney General under this act. The Attorney General and the Commissioner of Community Affairs shall adopt regulations to effectuate the purposes of this section. L.1992,c.146,s.11; amended 2003, c.72, s.1.
Under N.J.S.A. 10:5-1 et seq. § 10:5-12.4, failing to design and construct multi-family dwellings of four or more units in compliance with New Jersey's barrier-free standards constitutes unlawful discrimination. Those standards must meet or exceed the federal Fair Housing Amendments Act of 1988. Complaints alleging violations are first referred to the Commissioner of Community Affairs for a technical determination, then investigated and prosecuted under New Jersey's Law Against Discrimination.
Plain English — not legal advice.
N.J.S.A. 10:5-1 et seq. § 10:5-12.4 places the obligation on developers and property owners of four-or-more-unit multi-family buildings to ensure that design and construction meet the barrier-free standards set by the Commissioner of Community Affairs, which must be at least as protective as federal Fair Housing Amendments Act requirements. Compliant operators typically document that architectural plans and construction practices conform to those promulgated standards before and during the building process. Because complaints can be referred to the Commissioner of Community Affairs and then prosecuted as civil rights violations under the Law Against Discrimination, maintaining thorough compliance records is a common practice in the industry.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you believe a multi-family building of four or more units was designed or built without meeting New Jersey's barrier-free accessibility standards, N.J.S.A. 10:5-1 et seq. § 10:5-12.4 classifies that failure as unlawful discrimination under the Law Against Discrimination. Complaints can be filed with the New Jersey Attorney General's office, which is required to refer them to the Commissioner of Community Affairs for a technical review before proceeding with investigation and prosecution. Tenant-rights organizations and legal aid offices familiar with New Jersey fair housing law can help explain the range of options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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