Is Source of Income Discrimination Prohibited for Renters in North Dakota?

Understanding fair housing laws is essential for renters facing challenges with landlords or property managers. In North Dakota, many renters want to know whether discrimination based on their source of income—such as housing vouchers, Social Security, child support, or public assistance—is illegal. This guide explains North Dakota's protections, offers steps to report discrimination, and connects you to helpful resources.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent, renew a lease, or applies different terms to someone because of how they pay their rent. This could include rejecting applicants who use Section 8 vouchers, Social Security Disability Income (SSDI), or any lawful public assistance.

North Dakota's Law: Are Renters Protected?

Currently, North Dakota state law does not specifically ban source of income discrimination. This means landlords may legally refuse to rent to you if you plan to use a housing voucher or other public assistance, unless you are covered by a specific federal protection.

• North Dakota’s North Dakota Human Rights Act prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or familial status—but not source of income¹.
• Some states and cities do prohibit this type of discrimination, but no statewide or major city ordinance in North Dakota currently protects renters based on income source.
• Certain federal programs, like Section 8, offer some protections—primarily against discrimination for participating in their program—but do not require landlords to accept housing vouchers unless they have agreed to do so through a contract.

If you believe you faced another type of discrimination (for example, because of your race or disability), you may still have legal rights. But for income source alone, North Dakota law does not provide protection at this time.

Where Can Renters File Fair Housing Complaints?

In North Dakota, housing discrimination complaints are handled by the North Dakota Department of Labor and Human Rights. For issues covered by federal law, you can also file with the U.S. Department of Housing and Urban Development (HUD).

• North Dakota Department of Labor and Human Rights: Fair Housing Info
• HUD Office of Fair Housing and Equal Opportunity: HUD Complaint Process

Official Complaint Forms for Fair Housing

• North Dakota Housing Discrimination Complaint Form
  If you experienced discrimination based on a protected class (like race, disability, or family status), use the Fair Housing Complaint Form (no number issued). Complete and submit the form to the North Dakota Department of Labor and Human Rights.
  Example: If you believe a landlord refused to rent to you for having children, fill out this form and send it by mail or email as instructed on page 2.
• U.S. HUD Form 903 - Housing Discrimination Complaint
  If your complaint may involve federal protections, complete Form HUD-903. Submit the completed form online, by mail, or by phone.
  Example: If you were denied rental based on a disability, fill out HUD Form 903 to start the federal review process.

At this time, there is no specific complaint form for source of income discrimination in North Dakota, since it is not a protected class under state or federal law.

What Protections Do You Have as a Renter?

While North Dakota does not ban source of income discrimination, other important rights remain:

• Landlords cannot discriminate based on the protected classes listed in the North Dakota Human Rights Act.
• For rental properties that receive federal funding or participate in federal housing programs, additional fair housing rules may apply under the federal Fair Housing Act.
• If you feel you have faced unfair treatment, read more about North Dakota’s tenant protections in the North Dakota Century Code: Residential Landlord and Tenant Act.

If you are unsure whether your situation is covered, reach out to a local legal aid office or fair housing resource to talk through your experience.

FAQ: Source of Income Discrimination in North Dakota

1. Is source of income a protected class in North Dakota fair housing law?
   No. North Dakota does not currently include source of income as a protected class under its Human Rights Act.
2. Can my landlord refuse my Section 8 voucher?
   Yes, unless the unit is required to accept vouchers due to a contract or funding. Otherwise, landlords in North Dakota may legally deny applications based on payment source.
3. What should I do if I believe I experienced discrimination?
   If the discrimination is due to race, disability, or another protected class, you can file a complaint with the North Dakota Department of Labor and Human Rights or with HUD. If it's only due to your income source, current law does not cover this.
4. Are there cities in North Dakota with stronger tenant protections?
   As of this year, no city in North Dakota has adopted ordinances barring source of income discrimination beyond state law.
5. Where can I find North Dakota's tenant and landlord laws?
   Visit the North Dakota Century Code: Residential Landlord and Tenant Act for the complete legislation.

Key Takeaways

• North Dakota does not prohibit rental discrimination based on source of income.
• You are protected against discrimination for race, disability, and other classes under the Human Rights Act.
• If you suspect unlawful discrimination, you can file a complaint using official forms provided by North Dakota or HUD.

Stay informed about local and federal laws, as protections can expand in the future.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights Fair Housing: For questions or complaints about discrimination.
• North Dakota Fair Housing Complaint Form (PDF)
• HUD Office of Fair Housing and Equal Opportunity: Federal resources and complaint filing.
• North Dakota Residential Landlord and Tenant Act: Complete landlord-tenant statute.

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1. North Dakota Human Rights Act
2. North Dakota Century Code: Residential Landlord and Tenant Act
3. HUD Office of Fair Housing and Equal Opportunity

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