LGBTQ+ Discrimination Protection for North Dakota Renters

All renters in North Dakota deserve access to fair and equal housing. If you identify as LGBTQ+, it's important to know your rights and protections under federal and state laws. This guide will help you understand what safeguards exist against discrimination, how to take action if needed, and where to find official help in North Dakota.

Understanding LGBTQ+ Housing Rights in North Dakota

When renting, LGBTQ+ individuals face unique concerns about discrimination. In North Dakota, explicit protections under state law are limited. However, federal law offers strong protections against discrimination based on gender identity and sexual orientation.

Federal Fair Housing Act Protections

• The Federal Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, or national origin.
• As of 2021, the U.S. Department of Housing and Urban Development (HUD) interprets 'sex' to include sexual orientation and gender identity. This means most housing providers cannot legally discriminate against LGBTQ+ renters.

This also applies to rental listings, showings, lease terms, renewals, and evictions.

State Law: North Dakota Human Rights Act

• The North Dakota Human Rights Act (NDCC § 14-02.4) protects against housing discrimination on several grounds, but currently does not explicitly include sexual orientation or gender identity as protected categories.

Despite state law’s silence, you are still covered by the Fair Housing Act’s federal protections described above.

What Counts as Illegal Housing Discrimination?

• A landlord refusing to rent to you because you are LGBTQ+
• Eviction or threats of eviction based on sexual orientation or gender identity
• Offering unequal lease terms, rent prices, or housing services based on LGBTQ+ status
• Harassment, discriminatory statements, or retaliation after you assert your rights

If you believe you've experienced discrimination, you have the right to file an official complaint.

How to File a Housing Discrimination Complaint

For North Dakota residents, most LGBTQ+ housing discrimination cases will be handled at the federal level by HUD. You can file a complaint if you believe you were discriminated against in rental housing, advertising, or lease renewal due to your sexual orientation or gender identity.

Official Complaint Form and Tribunal

• Form: Housing Discrimination Complaint Form (Form HUD-903)
• Tribunal: Complaints are processed by the U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity
• When to use it: If you experience discrimination or harassment from a landlord, property manager, or housing provider based on your LGBTQ+ status.

How to File

• Submit Form HUD-903 online through the official HUD portal, or
• Download the PDF complaint form, complete it, and send it by mail to HUD’s regional office for North Dakota:
• Find North Dakota HUD contact information here

If you file, keep copies of all relevant correspondence and evidence (emails, texts, leases, notices, etc.).

What Happens After You File a Complaint?

HUD or its partner agencies will investigate your complaint. This could include interviews, reviewing documents, and attempts to mediate an agreement. If discrimination is found, you may be eligible for remedies like being offered a rental unit, or in some cases, compensation.

Your Rights Under North Dakota’s Tenancy Legislation

North Dakota’s main landlord-tenant law is in the North Dakota Century Code – Landlord and Tenant (NDCC Chapter 47-16) which covers:

• Rental agreements and lease terms
• Eviction procedures
• Landlord and tenant responsibilities

This legislation does not explicitly cover discrimination but governs general rental rights and obligations.

FAQ: LGBTQ+ Renters’ Housing Rights in North Dakota

1. Are LGBTQ+ renters protected from discrimination in North Dakota?
   Yes, federal law (the Fair Housing Act as interpreted by HUD) protects renters from housing discrimination based on sexual orientation or gender identity, even though state law does not mention it explicitly.
2. What can I do if a landlord discriminates against me because I’m LGBTQ+?
   You can file a housing discrimination complaint with HUD using the official form online or by mail. Keep records of any incidents.
3. Does North Dakota have a state agency for housing complaints?
   The North Dakota Department of Labor and Human Rights takes housing complaints, but doesn’t enforce LGBTQ+ discrimination claims under state law. All such complaints are best directed to HUD.
4. What documentation should I keep if I face discrimination?
   Save messages, emails, lease agreements, and any written notices that show discriminatory practices or statements.
5. Can a landlord refuse to rent to a same-sex couple?
   No. Refusal to rent based on sexual orientation is illegal under federal law for most housing situations.

Need Help? Resources for Renters

• North Dakota HUD Office – Questions about fair housing, or filing a complaint
• File a Fair Housing Complaint Online (HUD Portal)
• North Dakota Department of Labor and Human Rights – General housing rights, other discrimination complaints
• North Dakota Landlord and Tenant Law (NDCC Chapter 47-16)

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1. Fair Housing Act Overview – HUD
2. North Dakota Human Rights Act (NDCC § 14-02.4)
3. North Dakota Century Code Chapter 47-16
4. HUD Fair Housing Complaint Portal

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