N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-8.2
Investigation, enforcement actions, communications privileged
Operative Text
9. a. When it shall appear to the Attorney General or the director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) or the "New Jersey Civil Rights Act," P.L.2004, c.143 (C.10:6-1 et seq.), or when the Attorney General or the director believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any such practice, the Attorney General or the director may conduct an investigation. The Attorney General or the director may utilize all investigative powers set forth in section 8 of P.L1945, c.169 (C.10:5-8) in conducting such investigations. b. The Attorney General or the director shall have the authority to bring enforcement actions for any violation of this act in the Office of Administrative Law or the Superior Court for the county in which the action occurred. c. When the Attorney General or the director brings an action pursuant to this act in the Office of Administrative Law or in Superior Court that seeks relief for an individual who claims to be a victim of unlawful discrimination, communications between members of the Attorney General's office and that individual shall be privileged as would be a communication between an attorney and a client. L.2019, c.436, s.9.
Under N.J.S.A. 10:5-1 et seq. § 10:5-8.2, New Jersey's Attorney General and the Division on Civil Rights director are authorized to investigate suspected violations of the Law Against Discrimination and the New Jersey Civil Rights Act, including practices that have occurred, are ongoing, or appear imminent. Enforcement actions may be brought in the Office of Administrative Law or in Superior Court in the county where the alleged violation took place. When the state pursues such an action on behalf of an individual claiming unlawful discrimination, communications between that person and the Attorney General's office receive the same legal protection as attorney-client communications.
Plain English — not legal advice.
Property owners and managers subject to New Jersey's Law Against Discrimination should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-8.2 grants broad investigative authority to the Attorney General and the Division on Civil Rights director, including the power to examine past, current, or anticipated discriminatory practices. Compliant operators generally maintain clear, consistent, and non-discriminatory policies in tenant selection, lease terms, and housing services to reduce exposure to such investigations. Enforcement actions under this provision can be filed in the Office of Administrative Law or Superior Court, making documented compliance practices an important part of property management.
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. § 10:5-8.2 gives tenants who believe they have experienced housing discrimination a meaningful avenue for state-level enforcement, as the Attorney General or the Division on Civil Rights director can investigate and bring formal legal action on their behalf. If the state pursues an action for an individual claiming unlawful discrimination, that person's communications with the Attorney General's office are protected by a privilege equivalent to attorney-client confidentiality. Tenants exploring their options may consider contacting the New Jersey Division on Civil Rights, a local tenant-rights organization, or an attorney familiar with the Law Against Discrimination to understand what paths may be available.
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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