N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-16
Practice, procedure, remedies
Operative Text
15. When the director has issued a finding of probable cause, the case in support of the complaint shall be filed in Superior Court or presented before the director by the attorney for the division and evidence concerning attempted conciliation shall not be received. In an action presented before the director, the respondent shall file a written verified answer to the complaint and appear at such hearing in person or by representative, with or without counsel, and submit testimony. The complainant shall be allowed to intervene and present testimony in person and may be represented by counsel. The director or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend its answer. In such an action, the director shall not be bound by the strict rules of evidence prevailing in civil actions in courts of competent jurisdiction of this State. The testimony taken at the hearing shall be under oath and a verbatim record shall be made. When the director has issued a finding of probable cause in a housing discrimination complaint only, any party to that complaint may elect, in lieu of the administrative proceeding authorized by this section, to have the claim asserted in the finding of probable cause adjudicated in a civil action in Superior Court pursuant to section 12 of P.L.1945, c.169 (C.10:5-13). Such an election shall be made not later than 20 days after receipt of the finding of probable cause. Upon such election, the attorney for the division shall promptly file such an action in Superior Court. Upon application to the court wherein the matter is pending, the complainant shall be permitted to intervene and present testimony in person and may be represented by counsel. L.1945, c.169, s.15; amended 1963, c.40, s.10; 1979, c.404, s.2; 1980, c.71; 2003, c.180, s.15; 2019, c.436, s.8.
Under N.J.S.A. 10:5-1 et seq. § 10:5-16, once the Division on Civil Rights director issues a finding of probable cause in a housing discrimination case, the matter moves to a formal adjudication phase — either an administrative hearing before the director or a civil action in Superior Court. Both the complainant and respondent have the right to participate, present testimony, and be represented by counsel. In housing discrimination cases specifically, any party has a 20-day window after receiving the probable cause finding to elect a Superior Court civil action instead of the administrative route.
Plain English — not legal advice.
Property owners or managers named as respondents in a housing discrimination complaint should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-16 establishes formal procedural obligations once a probable cause finding is issued. A compliant respondent generally files a written verified answer to the complaint and appears at any scheduled hearing — in person or through a representative — prepared to submit testimony. Operators familiar with this provision also understand that either party may trigger a Superior Court proceeding instead of an administrative hearing, so retaining legal counsel early in the process is a common practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a complainant in a housing discrimination case, N.J.S.A. 10:5-1 et seq. § 10:5-16 gives you the right to intervene and present testimony at the administrative hearing, with or without an attorney. Importantly, if the director issues a finding of probable cause, you — or the respondent — may elect within 20 days to have the claim heard in Superior Court rather than through the administrative process. Tenant-rights organizations and legal aid offices familiar with New Jersey civil rights law can help individuals understand the differences between these two adjudication paths.
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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