N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-27.1
Attorney fees
Operative Text
6. In any action or proceeding brought under P.L.1945, c.169 (C.10:5-1 et seq.), the prevailing party may be awarded a reasonable attorney's fee as part of the cost, provided however, that no attorney's fee shall be awarded to the respondent unless there is a determination that the complainant brought the charge in bad faith. If the complainant's case was initiated by a housing authority on behalf of a tenant for a violation of paragraph (4) of subsection g. or paragraph (4) of subsection h. of section 11 of P.L.1945, c.169 (C.10:5-12) and the complainant prevailed, reasonable costs, including attorney fees, of the housing authority may be assessed against a nonprevailing respondent. If the complainant's case was presented by the attorney for the division and the complainant prevailed, the reasonable costs, including attorney fees, of such representation may be assessed against a nonprevailing respondent. Notwithstanding any other provision of law to the contrary, an award of an attorney's fee in accordance with this section shall not be available as a remedy to violations of section 2 of P.L.2019, c.199 (C.10:4-12.12). L.1979, c.404, s.6; amended 2002, c.82, s.4; 2019, c.199, s.5.
Under N.J.S.A. 10:5-1 et seq. § 10:5-27.1, when a case is brought under New Jersey's Law Against Discrimination, the party that prevails may be awarded reasonable attorney's fees as part of the court's cost determination. A respondent (typically a landlord or housing provider) can only receive attorney's fees if the court finds the complainant filed the charge in bad faith. Additionally, when a housing authority or the Division on Civil Rights' attorney brings or presents a successful case on a complainant's behalf, the costs of that representation—including attorney's fees—may be assessed against the losing respondent. Notably, this fee-shifting provision does not apply to violations of the separate statute governing source-of-income discrimination (C.10:4-12.12).
Plain English — not legal advice.
Property owners and managers facing complaints under New Jersey's Law Against Discrimination should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-27.1 creates a one-sided fee-shifting framework: a prevailing complainant may recover reasonable attorney's fees, while a prevailing respondent can only recover fees if the complaint was filed in bad faith. Compliant operators generally maintain thorough documentation of their housing practices and decisions, which can be relevant to demonstrating good-faith conduct in any proceeding. When a housing authority or the Division on Civil Rights presents the case, the costs of that representation may also be assessed against a nonprevailing respondent, making early attention to compliance practices particularly important.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who bring or support a successful discrimination complaint under New Jersey's Law Against Discrimination may be entitled to have reasonable attorney's fees awarded in their favor, as established by N.J.S.A. 10:5-1 et seq. § 10:5-27.1. This provision means that the financial burden of legal representation does not necessarily fall entirely on the complainant when they prevail, which can make pursuing a valid claim more accessible. Tenants can explore enforcement paths such as filing a complaint with the New Jersey Division on Civil Rights, raising a violation as a defense in a housing proceeding, or consulting a tenant-rights organization to understand how this fee-shifting rule might apply to their circumstances.
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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