10:5-50 Discrimination in housing for certain offenses; violations, fines, penalties.
478 words·~2 min read·
/nj/title-10/chapter-5/10-5-50A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.