Filing a Disability Discrimination Complaint as a Renter in North Dakota

Facing discrimination due to a disability in your rental home can be overwhelming. As a renter in North Dakota, you're protected by both state and federal law. Understanding your rights and the steps to make a formal disability discrimination complaint can empower you to resolve unfair treatment related to housing. This guide lays out what you need to know, provides official resources, and explains, in plain language, each step in the process.

Your Rights as a Renter with a Disability in North Dakota

Landlords in North Dakota must provide equal access and reasonable accommodation for renters with disabilities. Discrimination based on disability is illegal under both the federal Fair Housing Act and the North Dakota Human Rights Act.^[1] Reasonable accommodations can include changes to rules or policies, such as allowing a service animal or installing a grab bar.

Common Examples of Disability Discrimination

• Refusing to rent or renew a lease because of your disability
• Denying a reasonable accommodation request, like modifying your apartment for accessibility
• Making housing unavailable or setting different terms for tenants with disabilities

Where to File a Disability Discrimination Complaint

In North Dakota, you can file a housing discrimination complaint with:

• The North Dakota Department of Labor & Human Rights (state agency)
• The U.S. Department of Housing and Urban Development (HUD) (federal agency)

Official Forms to File

• North Dakota Human Rights Complaint Form
  • Form: Human Rights Complaint Intake Questionnaire
  • When to use: Use this form if you believe your landlord has discriminated against you because of your disability (e.g., refused a reasonable accommodation, denied a service animal).
  • How: Complete the form and submit it to the North Dakota Department of Labor & Human Rights by mail, fax, or email.
  • Download the Human Rights Intake Questionnaire (PDF)
• HUD Housing Discrimination Complaint Form
  • Form: Form 903 – Housing Discrimination Complaint
  • When to use: Use this federal form if your housing provider has discriminated against you because of your disability.
  • How: File online, by mail, or by phone with HUD.
  • Start your complaint online at HUD
  • Download Form 903 (PDF)

Both the state and HUD forms collect details about your situation, landlord contact information, and the type of discrimination you experienced. You can file with one or both agencies.

Key Steps to File a Disability Discrimination Claim

• Gather documentation (emails, letters, lease agreement, photos, etc.) that show the discrimination.
• Fill out the North Dakota Human Rights Complaint Intake Questionnaire or HUD Form 903.
• Submit your completed form(s) to the appropriate agency (state or HUD) according to instructions.
• Respond promptly to follow-up communications from the agency.
• The agency may investigate, try mediation, or issue a decision.

Tip: You typically have 300 days from the date of the alleged discrimination to file with the North Dakota Department of Labor & Human Rights, but acting sooner helps protect your rights.

What Happens After Filing?

Once you've filed your complaint:

• The agency reviews your claim and may request more information.
• If the agency finds sufficient evidence, it may attempt mediation or a settlement between you and your landlord.
• If unresolved, your case may advance to a formal investigation or hearing.

All complaints are handled confidentially, and you have the right to legal representation throughout the process.

Which Agencies Handle Tenant Complaints in North Dakota?

For residential tenancy disputes, North Dakota does not have a specialized landlord-tenant tribunal. The North Dakota Department of Labor & Human Rights handles housing discrimination complaints, while general landlord-tenant matters may proceed through the North Dakota state courts.

The main law protecting tenants is the North Dakota Century Code Chapter 47-16 – Landlord and Tenant.^[2]

FAQ: Disability Discrimination and North Dakota Tenants

1. Can my landlord refuse my request for a reasonable accommodation?
   No. Landlords must provide reasonable accommodations for tenants with disabilities unless doing so would impose an undue hardship or fundamentally alter their business. If your request is denied, document the response and file a complaint.
2. How long does the complaint process take?
   The process can take several weeks to several months, depending on the facts and investigation required. Both state and HUD agencies will keep you informed.
3. Is there a fee to file a housing discrimination complaint?
   No. Filing a complaint with the North Dakota Department of Labor & Human Rights or with HUD is free for renters.
4. Can my landlord retaliate against me for filing a complaint?
   No. Retaliation for making a discrimination claim is illegal under both state and federal law. You may file an additional complaint if retaliation occurs.
5. Do I need a lawyer to file a complaint?
   You do not need an attorney, but legal assistance is helpful. Free and low-cost legal resources are available to North Dakota renters.

Summary: Key Takeaways for Renters

• North Dakota renters with disabilities are protected by state and federal law.
• You can file a free complaint using official state or HUD forms.
• Keep records, act quickly, and seek help if you need it.

Need Help? Resources for Renters

• North Dakota Department of Labor & Human Rights: Human Rights Division:
  Phone: (701) 328-2660 / Email: humanrights@nd.gov
• HUD Office of Fair Housing and Equal Opportunity
• Legal Services of North Dakota: Free legal help for eligible tenants
• North Dakota Landlord and Tenant Act (ND Century Code 47-16)

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1. The Fair Housing Act (federal); North Dakota Human Rights Act.
2. North Dakota Century Code Chapter 47-16 – Landlord and Tenant.

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