Familial Status Discrimination: Know Your Tenant Rights in ND

As a renter in North Dakota, you have important protections against discrimination, including rules about how landlords treat families with children. Understanding your rights regarding familial status can help ensure fair treatment and empower you to take action if you're treated unfairly.

What Is Familial Status Discrimination?

Familial status discrimination happens when a landlord, property manager, or housing provider treats you unfairly simply because you’re part of a family with children under 18, are pregnant, or are in the process of securing custody of a minor. This kind of discrimination is illegal both under the federal Fair Housing Act and North Dakota Human Rights Act.

Examples of Familial Status Discrimination

• Refusing to rent to families with children
• Offering different terms, higher deposits, or increased rent to families
• Restricting families with children to certain floors or units within a building
• Setting occupancy limits that are unreasonably low for families

Discrimination based on familial status is unlawful, and you have the right to safe, fair housing regardless of your family makeup.

Your Rights Under North Dakota and Federal Law

North Dakota protects renters under the North Dakota Human Rights Act, which covers familial status as a protected category. These rights are also reinforced by the federal Fair Housing Act.

• You cannot be refused rental simply because your household includes children.
• Terms and conditions—such as rent amount, lease length, or deposit—must be consistent for all renters, regardless of familial status.
• Housing rules must not unfairly target or exclude families with children under 18.

If you believe your rights have been violated, you may take formal action as described below.

Filing a Familial Status Discrimination Complaint in North Dakota

If you feel you have experienced discrimination, you can file a complaint through either the state or federal process. North Dakota’s official tribunal for tenant complaints regarding discrimination is the North Dakota Department of Labor and Human Rights.

Official Complaint Form

• Form name: Housing Discrimination Complaint Form
• Form number: N/A (the form does not have a published number)
• When to use: Use this form to report suspected discrimination against you because you have children, are pregnant, or are in the process of gaining custody of a minor while seeking or living in a rental unit in North Dakota.
• Where to find it: The official form is available through the North Dakota Department of Labor and Human Rights Housing Discrimination Complaint Form (PDF).

How to File a Complaint (Step-by-Step)

1. Download and print the Housing Discrimination Complaint Form.
2. Fill out all sections, providing detailed information about what happened and when.
3. Attach any evidence, such as emails, advertisements, or written communications with your landlord.
4. Submit the completed form to the North Dakota Department of Labor and Human Rights by mail, email, or in person, as instructed on the form.
5. Keep a copy of everything you submit for your personal records.

In most cases, the Department will investigate your claim and may attempt mediation or pursue other remedies if discrimination is found.

What Happens After You File?

After you submit your complaint, the Department of Labor and Human Rights will review your case. You may be contacted for more information. If the investigation finds evidence of discrimination, you could be entitled to remedies such as reinstatement into the rental, compensation, or other corrective actions.

Relevant North Dakota Legislation

• North Dakota Human Rights Act (NDCC Chapter 14-02.5)
• North Dakota Landlord and Tenant Act (NDCC Chapter 47-16)

These laws set standards for rental agreements and outline your right to fair housing.

Frequently Asked Questions

1. Can my landlord deny my rental application because I have kids?
   No, it is unlawful under the North Dakota Human Rights Act and the Fair Housing Act to deny you housing based on familial status alone.
2. Are there limits on how many people can live in a rental unit?
   Landlords can set reasonable occupancy limits, but these limits cannot be used to unfairly exclude families with children.
3. What should I do if I believe I'm facing discrimination?
   Document the incident, gather proof, and file a complaint with the North Dakota Department of Labor and Human Rights using their official form.
4. How quickly must I act?
   In North Dakota, your complaint should be filed within 300 days of the incident.
5. Who investigates discrimination complaints?
   Complaints are handled by the North Dakota Department of Labor and Human Rights.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Housing Rights
• U.S. Department of Housing and Urban Development: File a Fair Housing Complaint Online
• Official Housing Discrimination Complaint Form (PDF)
• For direct support: Call 701-328-2660 (ND Labor and Human Rights) or email humanrights@nd.gov

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1. North Dakota Human Rights Act, Chapter 14-02.5
2. North Dakota Landlord and Tenant Act, Chapter 47-16
3. Federal Fair Housing Act
4. North Dakota Department of Labor and Human Rights

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