N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-36
State treasurer; enforcement; powers
Operative Text
In carrying out his responsibilities under this act, the State Treasurer, in addition to and without limitation of other powers which he may have by law, shall have the following powers: a. To investigate and determine the percentage of population of minority groups in the State or areas thereof from which the work force for public works contracts is or may be drawn; b. To establish and promulgate such percentages as guidelines in determining the adequacy of affirmative action programs submitted for approval pursuant to section 2 of this act; c. To require all State and local agencies awarding public works contracts to submit for approval their affirmative action programs; d. To prescribe those affirmative action program provisions to be included in all public works contracts; e. To provide guidelines to assist governmental agencies in the formulation of and the administration and enforcement of affirmative action programs; f. To require State and local agencies awarding public works contracts to designate appropriate officers or employees to maintain liaison with and assist the State Treasurer in the implementation of this act and affirmative action programs adopted pursuant thereto; g. To prescribe appropriate administrative procedures relating to prequalification of bidders, bidding practices and contract awards to assure equal employment opportunities; h. To provide staff and technical assistance to public bodies, contractors and subcontractors in furtherance of the objectives of this act; i. To levy on contractors and subcontractors fees and charges found by him to be reasonable and necessary to accomplish the objectives of this act; j. To refer to the Attorney General or his designee circumstances which may constitute violations of the "Law Against Discrimination" ; k. To issue, amend and rescind rules and regulations in accordance with the "Administrative Procedure Act" (C. 52:14B-1 et seq.); l. To enforce in a court of law the provisions of this act or to join in or assist any enforcement proceeding initiated by any aggrieved person; m. To make and execute contracts and all other instruments with other public agencies and private firms or individuals necessary or convenient for the exercise of their powers and functions hereunder, including contracts with consultants for rendering professional or technical assistance and advice; n. To contract for or accept any gifts or grants or loans of funds or property or financial or other aid in any form from the Federal government or any agency or instrumentality thereof, or from the State or any agency or instrumentality thereof, or from any other source and to comply, subject to the provisions of this act, with the terms and conditions thereof. o. To issue rules and regulations that will expand business opportunities for socially and economically disadvantaged contractors and vendors seeking to provide materials and services for State contracts. L.1975, c. 127, s. 6. Amended by L.1979, c. 266, s. 1, eff. Jan. 3, 1980.
N.J.S.A. 10:5-1 et seq. § 10:5-36 outlines the broad enforcement authority granted to the New Jersey State Treasurer in administering affirmative action requirements for public works contracts. The Treasurer may investigate workforce demographics, set guidelines, approve agency affirmative action programs, prescribe contract provisions, levy fees, and refer potential discrimination violations to the Attorney General. The provision also authorizes the Treasurer to seek court enforcement and to expand contracting opportunities for socially and economically disadvantaged businesses.
Plain English — not legal advice.
Property owners and managers who act as contractors or subcontractors on public works projects in New Jersey operate within a framework shaped by N.J.S.A. 10:5-1 et seq. § 10:5-36, which empowers the State Treasurer to review, approve, and enforce affirmative action programs tied to those contracts. Compliant operators generally maintain affirmative action programs that meet the Treasurer's published guidelines and respond to any requests for documentation or liaison coordination from the awarding agency. Fees and charges may be levied under this provision, so operators familiar with public works bidding typically account for those potential costs in their compliance planning.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While N.J.S.A. 10:5-1 et seq. § 10:5-36 primarily governs public works contracting rather than residential tenancy, it is part of New Jersey's broader Law Against Discrimination framework, which does protect tenants from discriminatory housing practices. Individuals who believe they have experienced discrimination connected to publicly funded housing or construction projects may find it relevant that this provision authorizes referrals to the Attorney General for potential violations. Tenant-rights organizations and legal aid offices can help individuals understand how this provision and related anti-discrimination laws may 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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