North Dakota Fair Housing Enforcement: Your Rights as a Renter

Understanding your rights is key to having a safe and fair home. In North Dakota, dedicated agencies enforce fair housing laws and investigate claims of discrimination. This guide explains how fair housing testing works, which organizations can help renters, and what steps you can take if you believe your rights have been violated under state and federal law.

What is Fair Housing Testing?

Fair housing testing is a tool used by enforcement agencies to identify unlawful housing discrimination. "Testers"—typically trained volunteers—pose as renters with similar qualifications but different backgrounds (for example, race, disability, or family status) and document how they are treated by landlords, property managers, or real estate agents. The results help reveal whether a housing provider is breaking fair housing laws.

Who Enforces Fair Housing Laws in North Dakota?

Multiple agencies protect renters from discrimination at the state and federal level:

• North Dakota Department of Labor and Human Rights: Investigates complaints about housing discrimination under state law.
• U.S. Department of Housing and Urban Development (HUD) - Office of Fair Housing and Equal Opportunity (FHEO): Handles complaints regarding violations of the federal Fair Housing Act.

Relevant Laws Protecting Renters

• North Dakota Century Code Chapter 14-02.5 – Human Rights Act: Prohibits discrimination in housing, including based on race, color, national origin, religion, sex, disability, or familial status.^[1]
• Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968): Sets nationwide standards banning housing discrimination.^[2]

How to Report Housing Discrimination in North Dakota

If you believe you've been discriminated against, you can file a formal complaint with a state or federal agency. You do not need to prove discrimination before reporting; the agency will investigate your claim using tools like fair housing testing.

Official Forms and How to Use Them

• North Dakota Human Rights Complaint Form
  • When to use: Use this form if you believe you've been refused a rental, treated unfairly, or harassed based on a protected characteristic.
  • How to submit: Download the Human Rights Complaint Form (no official form number), fill it out, and send by mail, email, or fax as indicated on the form.
  • Example: If a landlord tells you an apartment isn't available, but you later see it advertised again after mentioning your family size, you can submit this form to open an investigation.
• HUD Form 903 Online Housing Discrimination Complaint
  • When to use: File if you believe your federal fair housing rights were violated.
  • How to submit: Go to the HUD complaint portal and complete HUD Form 903 electronically.
  • Example: If you use a wheelchair and cannot access a rental due to stairs, but the landlord refuses reasonable modifications, you can file a complaint with HUD.

What Happens After You File a Complaint?

The enforcement agency will review your claim and may:

• Contact both you and the housing provider for more details
• Initiate fair housing testing to gather evidence
• Attempt to resolve the issue through informal settlement or, if necessary, take legal enforcement action

For most renters, this process is free, confidential, and does not require a lawyer to start.

North Dakota Tribunal or Board Handling Tenant Disputes

While North Dakota does not have a standalone residential tenancies tribunal, housing discrimination cases are managed by the Department of Labor and Human Rights. If mediation fails, legal proceedings may go to state or federal court.

If you suspect illegal discrimination, document what happened and submit your complaint quickly; there are time limits under both state (300 days) and federal (1 year) law.

Frequently Asked Questions (FAQ)

1. What is fair housing discrimination?
   Discrimination happens when a landlord or housing provider treats you unfairly based on your race, religion, sex, disability, family status, or other protected traits rather than on your ability to pay or comply with rules.
2. Can I report my landlord anonymously?
   You must provide contact information on official complaints, but agencies keep your case confidential during the investigation process.
3. Is testing evidence actually used in court?
   Yes, fair housing test results can support enforcement actions or lawsuits against housing providers who break the law.
4. What happens if my complaint is denied?
   You may have the right to appeal or file with another agency, such as HUD, or seek help from a qualified attorney.
5. Do I need a lawyer to file a housing discrimination complaint?
   No, you can file the complaint yourself. However, you may consult a legal aid organization if you want guidance or support.

In Summary: What North Dakota Renters Should Know

• Both state and federal law prohibit housing discrimination based on protected traits.
• Testing is a key method agencies use to uncover illegal practices.
• If you suspect discrimination, act quickly and contact a fair housing agency for support.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Human Rights Division: (701) 328-2660 or humanrights@nd.gov
• HUD Office of Fair Housing and Equal Opportunity (FHEO): National housing discrimination complaint hotline, 1-800-669-9777
• Legal Services of North Dakota: Free or low-cost legal help for qualifying renters
• North Dakota Century Code on Landlord and Tenant Law for more details about your housing rights

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1. ND Century Code § 14-02.5 – Human Rights Act
2. Federal Fair Housing Act – U.S. Dept. of Justice

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