N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.5
Regulation of land use, housing, unlawful discrimination
Operative Text
12. a. It shall be an unlawful discrimination for a municipality, county, or other local civil or political subdivision of the State of New Jersey, or an officer, employee, or agent thereof, to exercise the power to regulate land use or housing in a manner that discriminates on the basis of race, creed, color, national origin, ancestry, marital status, familial status, sex, gender identity or expression, liability for service in the Armed Forces of the United States, nationality, or disability. b. The provisions of subsection a. of this section may only be enforced by initiating an action in Superior Court pursuant to paragraph (2) of subsection a. of section 12 of P.L.1945, c.169 (C.10:5-13). The restrictions of this subsection shall not apply to claims alleging discrimination in housing owned or managed by a municipality, county or other local civil or political subdivision of the State of New Jersey where such discrimination is otherwise prohibited by section 11 of P.L.1945, c.169 (C.10:5-12). L.1992, c.146, s.12; amended 2003, c.180, s.13; 2006, c.100, s.10; 2017, c.184, s.4; 2019, c.436, s.4.
Under N.J.S.A. 10:5-1 et seq. § 10:5-12.5, municipalities, counties, and other local governmental bodies in New Jersey are prohibited from exercising their land-use or housing regulatory powers in ways that discriminate on the basis of protected characteristics such as race, sex, disability, familial status, and several others. The provision specifies that enforcement of this prohibition is channeled exclusively through an action filed in Superior Court, rather than through administrative complaint processes. A separate carve-out preserves the ability to bring housing discrimination claims against local governments under a related provision of the Law Against Discrimination when the local body itself owns or manages the housing at issue.
Plain English — not legal advice.
Property owners and managers operating within New Jersey should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-12.5 places obligations on local governments—not private landlords directly—by barring discriminatory exercises of land-use and housing regulatory authority. Compliant operators generally monitor whether local zoning decisions, permitting processes, or housing regulations are being applied evenhandedly across protected classes, since discriminatory governmental action can affect development approvals and housing availability. Understanding this provision helps operators recognize when a local regulatory decision may be legally vulnerable to challenge in Superior Court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 10:5-1 et seq. § 10:5-12.5 gives tenants and housing seekers a basis to challenge discriminatory land-use or housing decisions made by local governments, such as zoning actions or regulatory enforcement that targets protected classes. Because this provision is enforced exclusively through an action in Superior Court—not through an administrative agency complaint—individuals who believe a local government has acted in a discriminatory manner generally explore that judicial avenue as their enforcement path. Tenant-rights organizations and legal aid offices familiar with New Jersey's Law Against Discrimination can help individuals understand what options may be 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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