Can Landlords Check Criminal History in North Dakota?

Renters in North Dakota often wonder if landlords can refuse to rent to someone based on their criminal history. Understanding the legal landscape can help you protect your rights and avoid unfair treatment during the rental application process.

North Dakota Rental Applications and Criminal History

Landlords in North Dakota are allowed to ask about your criminal history as part of the rental application process. There are no specific state laws that prohibit landlords from running background checks or inquiring about arrests and convictions. However, landlords must still follow federal fair housing laws, which means they cannot use criminal history policies to intentionally or inadvertently discriminate based on race, color, national origin, religion, sex, familial status, or disability.^[1]

The North Dakota Department of Labor and Human Rights enforces fair housing protections at the state level. While North Dakota fair housing law is similar to federal law, it does not add extra protected categories regarding criminal records. Landlords must apply any criminal history screening policies consistently to all applicants.

What Landlords Can and Cannot Do

• Landlords may ask about or check criminal history, but must do so for every applicant, not selectively.
• Refusing to rent because of a specific type of criminal record might be permissible, but blanket bans on all convictions could result in discrimination.
• Certain records, such as arrests without conviction, should be treated carefully. Policies that unfairly impact protected groups may violate the Fair Housing Act.

Your Rights as a Renter

If you believe a landlord has discriminated against you because of your criminal history in a way that affects a protected group, you have options for recourse. It's important to document all interactions and gather any communication that may suggest differential treatment.

Relevant Forms When Challenging Housing Discrimination

• North Dakota Fair Housing Discrimination Complaint Form – Use this form to report illegal housing discrimination, including if you believe your criminal history was used in a discriminatory way. You can file online or download a paper version from the official North Dakota Department of Labor and Human Rights website. Example: If you are denied an apartment after a landlord cites your background check, and you suspect discrimination based on race or disability, complete this form to start an investigation.
• HUD Housing Discrimination Complaint Form (HUD-903.1) – To file a federal fair housing complaint with the U.S. Department of Housing and Urban Development (submit online here). Example: If you face a blanket ban on criminal records that you believe unfairly impacts a protected group, submit this form to HUD.

Who Handles Tenant-Landlord Disputes in North Dakota?

The North Dakota Department of Labor and Human Rights oversees fair housing complaints. For tenant-landlord law enforcement in court (like eviction or lease disputes), cases typically go through the North Dakota District Courts.

Applicable Tenancy Legislation

North Dakota’s primary law governing landlord-tenant matters is found in the North Dakota Century Code Chapter 47-16 — Landlord and Tenant.^[2] For fair housing and discrimination, state protections are explained by the Department of Labor and Human Rights' Fair Housing Division and federal Fair Housing Act.

FAQ: North Dakota Landlords and Criminal History

1. Can a landlord deny my application because of any criminal conviction?
   Landlords may consider criminal convictions, but blanket bans on all convictions can be legally risky if they result in discrimination against protected groups. Each case should be judged individually.
2. Do I have to disclose arrests that did not lead to conviction?
   There is no state law requiring you to disclose arrests, but if asked on the application, answer truthfully. Landlords should be cautious about denying applications based on arrests alone.
3. What should I do if I believe a landlord’s criminal background policy is discriminatory?
   Gather evidence and file a complaint with the North Dakota Department of Labor and Human Rights or HUD if you believe discrimination occurred.
4. Does the law protect me if my conviction relates to a disability?
   Federal law may provide protections if your conviction resulted from conduct directly related to a disability. Seek advice or file a complaint if you believe this applies to you.
5. How do I file a discrimination complaint with the state?
   Use the North Dakota Fair Housing Discrimination Complaint Form, available via the Department of Labor and Human Rights' website, and follow the instructions for submitting by mail, email, or online.

Summary: Key Takeaways for Renters

• Landlords in North Dakota can ask about criminal history but must apply their screening policies equally to everyone.
• Discrimination using criminal background policies is illegal if it unfairly affects a protected category under the Fair Housing Act.
• If you believe you have been treated unfairly, you can file a formal complaint with state or federal agencies.

Knowing your rights and keeping records will help you navigate the rental process with confidence.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Fair Housing
  Phone: (701) 328-2660 | Email: humanrights@nd.gov
• HUD Fair Housing Complaint Process
• North Dakota Courts Directory
• ND Fair Housing Discrimination Complaint Form

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1. Fair Housing Act, 42 U.S.C. §§ 3601-3619. Read the Fair Housing Act.
2. North Dakota Century Code Chapter 47-16 — Landlord and Tenant. View the statute.

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