N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-46

Authorization to retain genetic information

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyFair Housing & Anti-Discrimination

Operative Text

N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-46
7. a. No person shall retain an individual's genetic information without first obtaining authorization under the informed consent requirement of section 6 of P.L.1996, c.126 (C.10:5-45) from the individual or the individual's representative, unless:

(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;

(2) Retention is necessary to determine paternity in accordance with the provisions of section 11 of P.L.1983, c.17 (C.9:17-48);

(3) Retention is authorized by order of a court of competent jurisdiction;

(4) Retention is made 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.); or

(5) Retention of information is for anonymous research where the identity of the subject will not be released.

b. The DNA sample of an individual from which genetic information has been obtained shall be destroyed promptly upon the specific request of that individual or the individual's representative, unless:

(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding; or

(2) Retention is authorized by order of a court of competent jurisdiction.

c. A DNA sample from an individual who is the subject of a research project shall be destroyed promptly upon completion of the project or withdrawal of the individual from the project, whichever occurs first, unless the individual or the individual's representative directs otherwise by informed consent.

d. A DNA sample from an individual for insurance or employment purposes shall be destroyed promptly after the purpose for which the sample was obtained has been accomplished unless retention is authorized by order of a court of competent jurisdiction.

e. An individual or an individual's representative, promptly upon request, may inspect, request correction of and obtain genetic information from the records of the individual unless the individual directs otherwise by informed consent pursuant to section 6 of P.L.1996, c.126 (C.10:5-45); except that, in the case of a policy of life insurance or a disability income insurance contract, the provisions of P.L.1985, c.179 (C.17:23A-1 et seq.) shall apply.

f. This section applies only to genetic information that can be identified as belonging to an individual or family. This section does not apply to any law, contract or other arrangement that determines a person's rights to compensation relating to substances or information derived from an individual's DNA sample.

L.1996,c.126,s.7.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 10:5-1 et seq. § 10:5-46, no person or entity may keep an individual's genetic information without that person's informed consent, with narrow exceptions such as criminal investigations, court orders, paternity determinations, the DNA Database and Databank Act, or anonymous research. DNA samples must generally be destroyed promptly once their stated purpose is fulfilled or upon the individual's request, unless a specific legal exception applies. Individuals retain the right to inspect, seek correction of, and obtain copies of their own genetic records, subject to limited carve-outs for certain insurance contexts.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Although N.J.S.A. 10:5-1 et seq. § 10:5-46 is not a traditional landlord-tenant statute, property owners or managers who collect or handle any genetic information in connection with housing or employment decisions are subject to its requirements. Compliant operators obtain proper informed consent before retaining any genetic data, destroy DNA samples promptly once the purpose for collection is accomplished, and do not retain samples beyond what is authorized by law or court order. Operators generally maintain clear documentation of consent and destruction procedures to demonstrate compliance with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 10:5-1 et seq. § 10:5-46 gives individuals the right to request destruction of their DNA samples, inspect their own genetic records, and seek corrections to those records held by any person or entity. If a landlord or housing-related entity has collected genetic information without proper informed consent, that may constitute a violation of this provision under New Jersey's Law Against Discrimination framework. Tenants who believe their genetic information has been improperly retained or used may consider contacting a tenant-rights organization, a legal aid office, or the New Jersey Division on Civil Rights to understand available options.

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

Current
Oct 6, 2026
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