North Dakota Regulations for Agricultural Worker Housing

If you are an agricultural worker living in North Dakota, understanding your housing rights and responsibilities is essential. Agricultural worker housing is regulated to protect the health, safety, and dignity of farmworkers and their families. This guide explains North Dakota rules, key forms, where to get help, and how to take action if you encounter a problem.

Who Is Covered by Agricultural Worker Housing Laws?

In North Dakota, agricultural worker housing refers to accommodations provided primarily for those employed in agriculture or food processing, whether you are seasonal, migrant, or year-round. The State Department of Health and Human Services (NDHHS) and U.S. Department of Labor both help oversee these standards, ensuring that rental housing for agricultural workers is safe and up to code.

Minimum Standards for Agricultural Worker Housing

To protect residents, North Dakota requires farmworker housing to meet health and safety rules. These relate to:

• Sanitation: Toilets, showers, and laundry facilities must be available and kept clean.
• Safe Drinking Water: Water must be safe and tested regularly.
• Structural Safety: Housing must be structurally sound, ventilated, and protected from weather.
• Capacity Limits: There are limits on how many workers can stay in each dwelling.
• Inspections: State or federal inspectors may visit the housing to verify compliance.

Both employers and housing operators must follow these rules. If unsafe conditions exist, you have the right to report them.

Protections Under North Dakota Tenancy Laws

Renters in agricultural worker housing are also covered by the North Dakota Residential Landlord and Tenant Act. This law protects basic rights such as:

• Receiving proper notice before eviction
• Getting repairs for unsafe or unsanitary conditions
• The right to a return of security deposits (minus allowable deductions)
• Fair process for rent increases and entry by the landlord

If your housing is provided by your employer, your tenancy rights may be affected by your employment status. But all housing providers must still meet safety and health standards.

Key Official Forms for North Dakota Agricultural Worker Housing

• North Dakota Tenant Complaint Form
  When to use: If you have a maintenance or safety issue that your landlord or employer will not address, you can submit this form to report conditions to the North Dakota Attorney General’s Consumer Protection Division.
  Example: If your housing does not have clean water or working toilets after notifying your landlord, use this form.
  Download the Tenant Complaint Form (PDF)
• Employer/Operator Permit Application for Migrant Labor Camp
  When to use: Employers and camp operators must fill out and submit this form to the North Dakota Department of Health before legally operating agricultural worker housing.
  Example: This is not required from renters, but if you learn your housing is unpermitted, you may reference these rules.
  See the Camp Permit Application (PDF)

Trouble With Your Housing? Filing a Complaint

If health, sanitation, or safety problems go unfixed, renters can file a complaint using the forms above. The North Dakota Attorney General’s Consumer Protection Division investigates housing complaints. The ND Department of Health oversees licensing and inspections for agricultural worker housing under ND Administrative Code Chapter 33-33-01 and enforces rules based on federal OSHA standards for temporary labor camps.¹

Which Tribunal Handles Housing Disputes?

In North Dakota, most landlord-tenant disputes—including issues with agricultural worker housing—are handled in North Dakota District Court. Disputes over unsafe conditions may also be investigated by the Attorney General’s Office.

Relevant North Dakota Tenancy Legislation

• North Dakota Century Code, Chapter 47-16: Leases of Real Property
• ND Administrative Code Chapter 33-33-01: Migrant Labor Camps
• Federal OSHA Standard 1910.142: Temporary Labor Camps

These laws set minimum standards for landlord and tenant rights, safety, and housing quality. State law protects your right to safe and healthy accommodations.

Frequently Asked Questions

1. What basic safety standards must be met in agricultural worker housing?
   Housing must provide clean water, proper sanitation, and safe structures. These standards are required by state law and federal OSHA regulations.
2. How can I file a complaint about unsafe conditions?
   You can use the official Tenant Complaint Form with the ND Attorney General or contact the Department of Health for serious health violations.
3. Do I still have tenancy rights if my housing is tied to my job?
   Yes. Even if your housing is provided by your employer, basic North Dakota landlord-tenant law applies—especially regarding safety and notice of eviction.
4. Who do I contact if my landlord won’t fix a problem?
   Contact the Attorney General’s Office or, for major safety violations, the Department of Health.
5. Is an employer required to license agricultural worker housing?
   Yes. Housing operators must have a permit from the Department of Health before operating agricultural worker housing camps in North Dakota.

Need Help? Resources for Renters

• North Dakota Attorney General – Consumer Protection Division: Call 1-800-472-2600
• ND Department of Health – Migrant Labor Camp Program
• North Dakota District Court Locations
• ND Century Code, Landlord-Tenant Law
• Legal Services of North Dakota (for free or low-cost legal help)

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1. ND Administrative Code Chapter 33-33-01: Migrant Labor Camps
2. North Dakota Century Code, Chapter 47-16: Leases of Real Property
3. Federal OSHA Standard 1910.142: Temporary Labor Camps

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