N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-45
Informed consent required to obtain genetic information
Operative Text
6. No person shall obtain genetic information from an individual, or from an individual's DNA sample, without first obtaining informed consent from the individual or the individual's representative according to regulations promulgated by the Commissioner of Health and Senior Services, in consultation with the Commissioner of Banking and Insurance, pursuant to subsection b. of section 9 of P.L.1996, c.126 (C.10:5-48). a. The requirements of this section shall not apply to genetic information obtained: (1) By a State, county, municipal or federal law enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution; (2) To determine paternity in accordance with the provisions of section 11 of P.L.1983, c.17 (C.9:17-48); (3) Pursuant to the provisions of the "DNA Database and Databank Act of 1994," P.L.1994, c.136 (C.53:1-20.17 et seq.); (4) To determine the identity of deceased individuals; (5) For anonymous research where the identity of the subject will not be released; (6) Pursuant to newborn screening requirements established by State or federal law; or (7) As authorized by federal law for the identification of persons. b. In the case of a policy of life insurance or a disability income insurance contract, informed consent shall be obtained pursuant to the provisions of P.L.1985, c.179 (C.17:23A-1 et seq.). L.1996,c.126,s.6.
Under N.J.S.A. 10:5-1 et seq. § 10:5-45, no person or entity may collect genetic information from an individual—or from that individual's DNA sample—without first securing informed consent in accordance with regulations set by the Commissioner of Health and Senior Services. The rule carves out specific exceptions, including law enforcement criminal investigations, paternity determinations, newborn screening programs, and anonymous research where identities are not disclosed. For life and disability income insurance policies, informed consent must follow a separate statutory framework rather than the general consent regulations.
Plain English — not legal advice.
Although N.J.S.A. 10:5-1 et seq. § 10:5-45 is not a traditional landlord-tenant provision, property owners and housing operators who might collect any form of genetic data—for example, through health-screening programs tied to housing—are generally expected to secure informed consent that meets the regulatory standards set by the Commissioner of Health and Senior Services before obtaining such information. Compliant operators typically document the consent process, ensure it aligns with applicable state regulations, and verify whether any of the statutory exceptions apply to their specific program. Operators involved in insurance-related housing programs should also be aware that life and disability income insurance contexts trigger a separate consent framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and housing applicants are protected under N.J.S.A. 10:5-1 et seq. § 10:5-45 from having their genetic information collected without their informed consent, except in narrowly defined circumstances such as law enforcement investigations or newborn screening. If a tenant believes genetic information was obtained without proper consent outside of a recognized exception, general enforcement paths may include filing a complaint under the New Jersey Law Against Discrimination framework or consulting a tenant-rights organization familiar with genetic privacy protections. Tenants may also wish to review the regulations promulgated by the Commissioner of Health and Senior Services to understand what a valid informed consent process looks like.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.