N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-50

Discrimination in housing for certain offenses; violations, fines, penalties

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyCriminal History Restrictions

Operative Text

N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-50
17. a. A person alleging discrimination in public or private housing, real property, or a place of public accommodation, based on a prior arrest, charge, conviction, or adjudication of delinquency, for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, dispensing, or possessing with intent to distribute or dispense, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish, or an arrest, charge, conviction, or adjudication of delinquency under the laws of another state or of the United States of a crime or offense which, if committed in this State, would be a violation of any of the aforementioned crimes or offenses , regardless of when any such arrest, charge, conviction, or adjudication of delinquency occurred, may institute a civil action in the Superior Court for relief. All remedies available in common law tort actions shall be available to a prevailing plaintiff. The court may also order any or all of the following relief:

(1) an assessment of a civil fine of not less than $1,000 and not more than $2,000 for the first violation of any of the provisions of this section, and not more than $5,000 for each subsequent violation;

(2) an injunction to restrain the continued violation of subsection a. of this section;

(3) if the discrimination impacted the person's employment, and if applicable:

(a) reinstatement of the person to the same position of employment or to a position equivalent to that which the person held prior to unlawful discharge or retaliatory action;

(b) reinstatement of full fringe benefits and seniority rights; and

(c) compensation for any lost wages, benefits and other remuneration; and

(4) payment of reasonable costs and attorney's fees.

b. An action brought under this section shall be commenced within one year of the date of the alleged violation.

c. The private cause of action provided for in this section shall be the sole remedy for a violation of this section.

L.2021, c.19, s.17.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 10:5-1 et seq. § 10:5-50, New Jersey law prohibits discrimination in public or private housing based on a person's prior arrest, charge, conviction, or juvenile adjudication related to certain marijuana or hashish offenses, regardless of when that record arose. Someone who experiences such discrimination may bring a civil lawsuit in Superior Court seeking a range of remedies, including civil fines between $1,000 and $2,000 for a first violation and up to $5,000 for each subsequent violation, injunctive relief, lost wages, and attorney's fees. Any such lawsuit must be filed within one year of the alleged discriminatory act, and the private civil action described in this section is the exclusive legal remedy available for violations.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under New Jersey law should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-50 bars using a prospective or current tenant's marijuana- or hashish-related arrest, charge, conviction, or juvenile adjudication as a basis for housing decisions, regardless of how old that record is. Operators who maintain compliant screening policies generally avoid referencing these specific categories of cannabis-related records in their application criteria, lease terms, or eviction decisions. A finding of violation can expose a housing provider to civil fines, injunctive orders, and liability for the complainant's attorney's fees and costs.

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. § 10:5-50 gives individuals the right to bring a civil action in New Jersey Superior Court if they believe a housing provider denied, terminated, or otherwise discriminated against them in housing because of a marijuana- or hashish-related arrest, charge, conviction, or juvenile adjudication. Successful plaintiffs may be entitled to civil fines assessed against the violator, injunctive relief, compensation for lost benefits or wages where applicable, and reimbursement of attorney's fees and costs. Because this provision sets a one-year filing deadline from the date of the alleged violation and designates the private lawsuit as the sole remedy, individuals who believe their rights under this section have been violated may wish to consult a tenant-rights organization or legal aid provider promptly to understand their 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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