6. In any action or proceeding brought under P.L.1945, c.169 (C. 10:5-1 et seq.), the prevailing party may be awarded a reasonable attorney’s fee as part of the cost, provided however, that no attorney’s fee shall be awarded to the respondent unless there is a determination that the complainant brought the charge in bad faith. If the complainant’s case was initiated by a housing authority on behalf of a tenant for a violation of paragraph (4) of subsection g. or paragraph (4) of subsection h. of section 11 of P.L.1945, c.169 (C. 10:5-12) and the complainant prevailed, reasonable costs, including attorney fees, of the housing authority may be assessed against a nonprevailing respondent. If the complainant’s case was presented by the attorney for the division and the complainant prevailed, the reasonable costs, including attorney fees, of such representation may be assessed against a nonprevailing respondent.

Notwithstanding any other provision of law to the contrary, an award of an attorney’s fee in accordance with this section shall not be available as a remedy to violations of section 2 of P.L.2019, c.199 (C. 10:4-12.12).

L.1979, c.404, s.6; amended 2002, c.82, s.4; 2019, c.199, s.5.