North Dakota Fair Housing: Understanding Occupancy Rules

Knowing your rights under North Dakota fair housing law is essential for a comfortable and legal renting experience. Reasonable occupancy standards—how many people can legally live in a rental unit—play a key role in protecting renters and ensuring landlords apply fair, nondiscriminatory rules. This article explains what these standards are, how they relate to national and North Dakota law, and what you should do if you believe you've been treated unfairly.

What Are Reasonable Occupancy Standards?

Occupancy standards determine the maximum number of people who can live in a rental unit. Under federal law, the Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, disability, or familial status (including children in the household). North Dakota law also upholds these protections¹.

The U.S. Department of Housing and Urban Development (HUD) generally recognizes the "two-persons-per-bedroom" policy as reasonable. However, this is not a strict rule—factors like unit size, number of bedrooms, and overall property configuration may affect what is considered fair for a specific situation. Landlords cannot create occupancy standards that have the effect of discriminating against families with children².

North Dakota’s Approach

• No exact occupancy numbers are set by North Dakota law, but most follow HUD guidance.
• Landlords may have their own standards, but they must be applied consistently and without discrimination.
• Habitability codes (like fire codes) still apply; local city or county ordinances may set their own limits based on square footage or the number of rooms.

If you believe an occupancy rule unfairly targets families or is not based on health and safety, you may have grounds for a discrimination complaint.

Common Examples and Family Situations

Here are some renter scenarios that illustrate this law in North Dakota:

• A landlord refuses to rent a two-bedroom apartment to a family with two parents and two young children—this is likely not reasonable unless local safety regulations restrict occupancy further.
• A building owner uses a "one person per bedroom" rule, resulting in families with children being turned away or evicted. Unless justified by building code or safety, this may violate fair housing law.

What Makes an Occupancy Standard Reasonable?

• Based on genuine health and safety concerns (e.g., fire code, square footage, septic system limits).
• Consistently applied to all tenants.
• Does not effectively or intentionally exclude families with children.

If you're unsure, you can check with your local city or county offices for additional ordinances or building codes that may apply to your rental unit.

Filing a Fair Housing Complaint in North Dakota

Renters who feel they have been unfairly denied housing due to an unreasonable occupancy standard have the right to file a fair housing complaint. North Dakota’s Department of Labor and Human Rights is the state agency responsible for handling residential fair housing discrimination complaints.

• Learn about fair housing complaint procedures in North Dakota

Official Forms: Fair Housing Discrimination Complaint

• Form Name: North Dakota Fair Housing Discrimination Complaint Form
• How to Use: Use this form if you believe you've been discriminated against (including unfair occupancy limits).
• Example: A family denied a rental apartment because they have children files this form to start the investigation process.
• Download the official Fair Housing Complaint Form (PDF)

Follow all instructions on the official form and submit it to the North Dakota Department of Labor and Human Rights. You can file in person, by mail, or by email as indicated on the form.

What Happens Next?

After submitting your complaint, the Department will investigate and determine if the landlord's occupancy standards violated state or federal law. They may mediate a resolution, or refer the case to HUD if appropriate.

Understanding Your Rights Under State Law

State law in North Dakota relates to tenant protections through the North Dakota Century Code Landlord and Tenant Act, Chapter 47-16³, and anti-discrimination protections in state fair housing rules¹.

• Renters are protected from discrimination based on family status, meaning rules that exclude children are generally unlawful unless justified by legal occupancy limits.
• If a landlord applies a rule more strictly to families than to other tenants, this is also likely discrimination.

FAQ: North Dakota Reasonable Occupancy Standards

1. Can my landlord set a "one person per bedroom" rule?
   Generally, no. The standard is usually "two persons per bedroom," and stricter rules may be considered discriminatory unless justified by valid building safety codes.
2. What if local building codes say fewer people can occupy a unit?
   If local building, fire, or health codes require stricter limits, landlords are allowed to follow them, but they cannot use code as an excuse for discrimination.
3. What should I do if I think I've been unfairly denied housing because of my family size?
   Complete the North Dakota Fair Housing Discrimination Complaint Form and submit it to the Department of Labor and Human Rights. Investigators will review your case.
4. Does the law protect single parents and large families?
   Yes. "Familial status" includes single parents, families with children, and pregnant people. Rental rules cannot exclude you for these reasons.
5. Can a landlord refuse to rent to me because I have children?
   No, unless there is a legitimate safety code restriction, refusing a renter because they have children is generally illegal in North Dakota.

Conclusion: North Dakota Occupancy Standards—What Renters Should Know

Understanding reasonable occupancy rules protects your right to safe and fair housing. Remember:

• Occupancy limits must be reasonable, based on safety—not discrimination.
• North Dakota supports families' rights in rental housing under both federal and state law.
• If you experience unfair treatment, use the official complaint process to stand up for your rights.

Always seek clarification from licensed agencies or legal professionals if you’re unsure about your situation.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Fair Housing (official tribunal for fair housing matters)
• U.S. Department of Housing and Urban Development (HUD) – How to File a Housing Discrimination Complaint
• North Dakota Landlord and Tenant Law (Chapter 47-16)
• Find a HUD-Approved Housing Counselor

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1. North Dakota Department of Labor and Human Rights – Fair Housing Protections
2. HUD Guidelines on Occupancy Standards
3. North Dakota Century Code, Chapter 47-16 – Landlord and Tenant

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