N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-44
Findings, declarations relative to genetic information
Operative Text
2. The Legislature finds and declares: a. The DNA molecule contains information about an individual's probable medical future. This information is written in a code that is rapidly being broken. b. Genetic information is personal information that should not be collected, retained or disclosed without the individual's authorization. c. The improper collection, retention or disclosure of genetic information can lead to significant harm to the individual, including stigmatization and discrimination in areas such as employment, education, health care and insurance. d. An analysis of an individual's DNA provides information not only about an individual, but also about the individual's parents, siblings and children, thereby impacting family privacy, including reproductive decisions. e. Current legal protections for medical information, tissue samples and DNA samples are inadequate to protect genetic privacy. f. Laws for the collection, storage and use of identifiable DNA samples and private genetic information obtained from those samples are needed both to protect individual privacy and to permit legitimate genetic research. g. Progress in mapping the genes that cause breast cancer and other diseases has far outpaced the development of a legal and ethical context in which genetic information can be properly evaluated. h. Effective tests to determine the presence of genes that cause breast cancer and other diseases carry with them the devastating potential for discrimination against carriers of these genes. L.1996,c.126, s.2.
N.J.S.A. 10:5-1 et seq. § 10:5-44 sets out the New Jersey Legislature's formal findings and declarations regarding genetic information and privacy. The provision recognizes that DNA data is uniquely sensitive because it reveals probable medical futures not only for an individual but also for blood relatives, and that existing legal protections were insufficient at the time of enactment. It establishes the policy rationale for regulating how genetic information is collected, stored, and disclosed, emphasizing the risks of stigmatization and discrimination in employment, education, health care, and insurance.
Plain English — not legal advice.
Property owners and housing operators should understand that N.J.S.A. 10:5-1 et seq. § 10:5-44 reflects the Legislature's foundational policy that genetic information is private and must not be collected, retained, or disclosed without proper authorization. Although this section is a findings-and-declarations provision rather than an operational rule, it signals the legal framework under which subsequent anti-discrimination requirements in the same statutory scheme are interpreted. Compliant housing operators generally avoid any inquiry into or use of applicants' or tenants' genetic information in rental decisions, consistent with the protections the Legislature identified as necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 10:5-44 of N.J.S.A. 10:5-1 et seq. articulates the Legislature's recognition that genetic information is deeply personal and that its misuse can cause serious harm, including discrimination in housing and related areas. As a foundational findings provision, it informs how courts and agencies interpret the broader New Jersey Law Against Discrimination's protections for genetic privacy. Tenants who believe their genetic information has been improperly collected or used in a housing context may wish to consult a tenant-rights organization or review the full statutory scheme to understand available complaint and enforcement pathways.
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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