N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-17
Findings and conclusions of director; actions; remedies or dismissal
Operative Text
16. If, upon all evidence at the hearing, the director shall find that the respondent has engaged in any unlawful employment practice or unlawful discrimination as defined in P.L.1945, c.169 (C.10:5-1 et seq.), the director shall state his findings of fact and conclusions of law and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful employment practice or unlawful discrimination and to take such affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, or restoration to membership, in any respondent labor organization, or extending full and equal accommodations, advantages, facilities, and privileges to all persons, as, in the judgment of the director, will effectuate the purpose of P.L.1945, c.169 (C.10:5-1 et seq.), and including a requirement for report of the manner of compliance. If the conduct violative of P.L.1945, c.169 (C.10:5-1 et seq.) constitutes any form of unlawful economic discrimination prohibited in subsection 1., m., or n. of section 11 of P.L.1945, c.169 (C.10:5-12), or any form of unlawful employment practice prohibited by subsection r. or t. of section 11 of P.L.1945, c.169 (C.10:5-12), the affirmative action taken by the director may include the award of three-fold damages to the person or persons aggrieved by the violation. The director shall have the power to use reasonably certain bases, including but not limited to list, catalogue or market prices or values, or contract or advertised terms and conditions, in order to determine particulars or performance in giving appropriate remedy. In addition to any other remedies provided by P.L.1945, c.169 (C.10:5-1 et seq.), a prevailing complainant may recover damages to compensate for emotional distress caused by the activities found to be in violation of P.L.1945, c.169 (C.10:5-1 et seq.) to the same extent as is available in common law tort actions. In any case in which the director, Attorney General, or appropriate organization is a complainant, on behalf of named or unnamed individuals or a class of individuals, any of the remedies or relief allowed by P.L.1945, c.169 (C.10:5-1 et seq.) may be awarded or applied to the named or unnamed individual victims of discrimination. If, upon all evidence, the director shall find that the respondent has not engaged in any such unlawful practice or unlawful discrimination, the director shall state his findings of fact and conclusions of law and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent. This section shall not apply to a violation regarding an inquiry as to an applicant's salary history pursuant to section 2 of P.L.2019, c.199 (C.10:4-12.12). L.1945, c.169, s.16; amended 1949, c.11, s.11; 1963, c.40, s.11; 1966, c.17, s.7; 1977, c.96, s.3; 1979, c.404, s.3; 2003, c.180, s.16; 2018, c.9, s.4; 2019, c.199, s.4.
Under N.J.S.A. 10:5-1 et seq. § 10:5-17, when a hearing director finds that unlawful discrimination or an unlawful employment practice occurred, the director issues a cease-and-desist order and can require affirmative remedies such as hiring, reinstatement, back pay, or equal access to accommodations. For certain categories of economic discrimination or specific employment violations, the director may award up to three times the actual damages suffered. Prevailing complainants may also recover damages for emotional distress to the same extent available under common law tort actions, and these remedies can extend to unnamed individual victims when the Attorney General or a designated organization brings the complaint on their behalf.
Plain English — not legal advice.
Property owners and housing providers subject to New Jersey's Law Against Discrimination should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-17 gives the director broad authority to order corrective action, including restoration of equal accommodations and privileges, if a violation is found after a hearing. Compliant operators generally maintain consistent, documented policies for offering accommodations, advantages, and facilities to all persons, and keep records that can demonstrate non-discriminatory practices. Because the director can use market prices, catalogues, or advertised terms to calculate appropriate remedies, operators who maintain transparent and uniform pricing and terms are better positioned to demonstrate compliance.
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. § 10:5-17 establishes that tenants and other individuals who experience unlawful discrimination in housing accommodations may be entitled to remedies including restoration of equal access, emotional distress damages, and—for certain categories of economic discrimination—up to three times their actual damages. Individuals who believe their rights have been violated can file a complaint with the New Jersey Division on Civil Rights, which administers hearings under this provision, or consult a tenant-rights organization to understand available enforcement paths. If the Attorney General or an approved organization files on behalf of a class, unnamed individuals who were harmed may still be eligible for relief under this section.
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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