North Dakota Renters: Your Elevator Outage Rights Explained

Living in a high-rise building in North Dakota brings convenience and accessibility—unless the elevator stops working. For renters who rely on elevators, especially those with disabilities, an outage can seriously disrupt daily life. Knowing your rights and the landlord's responsibilities can help you address these challenges confidently and protect your well-being.

Understanding Elevator Maintenance Obligations in North Dakota

Landlords in North Dakota are required by law to keep rental properties in a safe and habitable condition, including all amenities provided at the start of your lease—such as elevators in high-rise buildings. State tenancy law classifies elevator service as a critical facility, particularly in buildings with more than one story. This is especially important for tenants with mobility challenges or disabilities.

• Landlord Responsibility: Under North Dakota Century Code Chapter 47-16-13.1, landlords must ensure rental units comply with health and safety codes and maintain "essential services"—which includes consistent elevator operation in multi-story dwellings.
• Reasonable Accommodation: The federal Fair Housing Act requires landlords to address elevator outages promptly for renters with disabilities, as failure to do so can constitute discrimination.

What Should Renters Do if the Elevator Goes Out?

If your building's elevator stops working, it's important to take immediate but calm steps to ensure your needs—and potential rights—are addressed:

• Notify the landlord or property manager in writing as soon as you discover the outage. Document the issue and keep records.
• Request a timeline for repairs, especially if you or someone in your household has a disability or medical need that requires elevator access.
• If repairs are delayed unreasonably or repeated outages occur, you may have legal recourse for withheld rent or early lease termination in certain cases, but always follow legal procedures.
• If you have a disability and need a workaround, you can formally request a “reasonable accommodation” under fair housing law.

Official Forms and How to Use Them

• Notice of Repair Request (No official state form): North Dakota does not require a standard form for repair requests, but written notice is essential. Send a clear letter or email describing the elevator outage and requesting prompt repair. Keep a copy for your records.
• Request for Reasonable Accommodation: There is no state-specific form, but you can use HUD’s Sample Reasonable Accommodation Request when asking your landlord for accommodations related to elevator access. Example: If you use a wheelchair and can’t access your apartment due to the outage, you may request alternative access, relocation, or expedited repair.
• Complaint to North Dakota Department of Labor and Human Rights: To report discrimination (i.e., if a landlord refuses a reasonable accommodation), use the Human Rights Complaint Form. Complete the complaint form and submit it as directed on the ND DOLHR website. This can also be used if you believe your landlord is failing to uphold fair housing standards.

If you rely on elevator access due to a disability, clearly state your needs in written requests. This protects your legal rights and helps ensure prompt attention from your landlord.

Who Oversees Tenant Complaints in North Dakota?

North Dakota does not have a centralized tenant-landlord tribunal. However, the North Dakota Department of Labor and Human Rights (ND DOLHR) is the official agency for housing discrimination complaints and can assist renters with accessibility issues. Civil disputes—including habitability complaints about elevator outages—may also be addressed in your local small claims or district court.

Practical Tips if the Elevator Is Not Repaired

• If the elevator remains out of service for an extended period, document every interaction with your landlord.
• Check if state or local building codes require your building owner to provide emergency procedures or alternative access.
• If you are unable to access your home, especially due to a disability, contact ND DOLHR or a local fair housing organization for immediate assistance.

FAQ: North Dakota Elevator Outages and Tenant Rights

1. Are landlords required to repair elevators promptly in North Dakota? Yes. Landlords must maintain all essential services, including elevators, to keep rentals habitable and accessible, as outlined in the North Dakota Century Code.
2. What if the elevator outage affects my disability access? Request a written reasonable accommodation and, if necessary, file a complaint with the North Dakota Department of Labor and Human Rights for support.
3. Can I withhold rent if the elevator is broken? North Dakota law does not automatically allow rent withholding for repairs, but you may be able to take action after giving the landlord written notice and appropriate wait time. Seek legal advice before withholding rent.
4. Where do I report unresolved elevator problems or possible discrimination? File a formal housing complaint with the North Dakota Department of Labor and Human Rights.
5. Is there an official form to request elevator repairs? There is no required state form. Use written notice (letter or email) and keep a copy for yourself, or use the HUD reasonable accommodation template if relevant.

Key Takeaways for High-Rise Renters

• North Dakota law requires landlords to maintain elevators in habitable condition for all tenants, especially those with disabilities.
• Always document elevator outages and communicate clearly in writing with your landlord.
• Resources like the North Dakota Department of Labor and Human Rights and HUD are available for renters facing unresolved accessibility issues.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Main agency handling housing complaints and discrimination concerns.
• How to File a Human Rights Complaint – Official instructions and forms for renters facing discrimination.
• ND DOLHR Human Rights Complaint Form – Use to report fair housing violations.
• HUD Reasonable Accommodation Guide – Federal resource on disability accommodations in housing.
• Local legal aid or fair housing organizations may also assist with specific cases involving elevator outages and accessibility.

---

1. North Dakota Century Code, Chapter 47-16-13.1 – Landlord Obligations
2. Fair Housing Act – HUD Official Information
3. North Dakota Department of Labor and Human Rights – Official Website

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations