Proving Discriminatory Tenant Screening in North Dakota

If you feel you’ve been treated unfairly during the rental application process in North Dakota, you may be wondering how to identify and prove discriminatory screening. Understanding the steps to take, knowing your rights, and leveraging the correct official resources can help you take action if you suspect illegal discrimination based on race, religion, disability, or another protected category.

What Is Discriminatory Screening?

Discriminatory screening happens when a landlord uses your application information in a way that violates your rights under state or federal fair housing laws. This includes refusing to rent, setting different terms, or applying stricter background or credit checks based on protected characteristics.

Protected Classes in North Dakota

Under North Dakota's Human Rights Act and the federal Fair Housing Act, it’s illegal for landlords to discriminate in housing based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (such as children in the household)
• Age (specific protections in some localities)

If you believe you were denied a rental or faced extra requirements due to one of these factors, you may have experienced discriminatory screening.

Common Signs of Discriminatory Screening

• Different rental terms or higher deposits quoted to you versus other applicants
• Landlord makes comments referencing your background, religion, or disability status
• Your application is rejected for unclear reasons, while less-qualified applicants are accepted
• Extra paperwork, requirements, or delays only for you

Collecting evidence of these behaviors will strengthen your case if you choose to file a complaint.

How to Prove Discriminatory Screening in North Dakota

To support a claim of housing discrimination, you’ll need to gather evidence and follow clear steps.

1. Document the Screening Process

• Keep copies of all correspondence with the landlord or property manager, including emails and text messages.
• Write down details of any phone or in-person conversations, especially notes of any potentially biased comments.
• Save a copy of your submitted rental application and any application rejections or requests for extra information.

2. Identify If a Protected Class Is Involved

Ask yourself: Was the alleged unfair treatment connected to your race, religion, disability, family status, or another protected trait? This connection is vital for a discrimination claim.

3. Compare Your Treatment with Others

• Ask neighbors, friends, or other applicants if they faced the same requirements or questions.
• Check if the landlord applied the same standards to all applicants.

4. File a Discrimination Complaint

In North Dakota, you can file a complaint with the North Dakota Department of Labor and Human Rights. Alternatively, you can submit a complaint with the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Forms

• North Dakota Housing Discrimination Complaint Form
  NDHR Housing Discrimination Complaint Form (PDF)
  Use this form when you want to report alleged housing discrimination to the North Dakota Department of Labor and Human Rights. For example, if your rental application is denied after disclosing a disability, you can describe the incident on this form and submit it for investigation.
• HUD Form 903 Online Complaint
  HUD Housing Discrimination Online Complaint
  This is HUD’s official portal for renters nationwide. Use it if your discrimination case may involve federal protections or crosses state lines.

What Happens After Filing?

The Department of Labor and Human Rights will investigate your complaint. If they find substantial evidence of discrimination, they may help resolve your case through mediation or may refer it to a tribunal for hearing.

Understanding North Dakota’s Laws on Fair Housing

North Dakota’s Human Rights Act (N.D.C.C. Title 14 Chapter 02.5) lays out protections and the process for resolving disputes. Federal law is enforced under the Fair Housing Act. You also retain all protections provided by the U.S. Department of Housing and Urban Development.

Where Are Tenant Disputes Decided?

In North Dakota, housing discrimination cases are handled by the Department of Labor and Human Rights. Interpretation of the state’s rental laws also follows the North Dakota Century Code Title 47, Chapter 16 (Landlord and Tenant Law).

FAQ: Discriminatory Screening in North Dakota

1. What should I do if a landlord asks illegal questions on a rental application?
   If a landlord asks about your race, religion, disability, or other protected class status, do not answer and politely point out that such questions are not allowed. You can report this to the Department of Labor and Human Rights if you believe it affected your application.
2. Can undocumented immigrants file discrimination complaints in North Dakota?
   Yes. Fair housing laws protect all individuals seeking housing, regardless of immigration status.
3. Is retaliation allowed if I file a complaint?
   No. It is illegal for a landlord to evict, refuse to renew, or otherwise harm you for filing a discrimination complaint.
4. How long do I have to file a discrimination complaint?
   You have up to 300 days after the incident to file a housing discrimination complaint with the North Dakota Department of Labor and Human Rights.
5. What evidence do I need to support my complaint?
   Gather emails, texts, written application rejections, witness statements, or other proof that your treatment differed due to a protected class.

Conclusion: Key Takeaways for North Dakota Renters

• North Dakota and federal law protect renters from discrimination in tenant screening.
• Document all communications, identify your protected class, and compare your experience with others to help prove your case.
• Official complaint forms and support are available through state and federal agencies for renters who suspect discrimination.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights: File complaints, review fair housing information, and get local assistance.
• U.S. HUD Office of Fair Housing and Equal Opportunity: File a federal complaint or learn more about housing rights.
• North Dakota Century Code Title 47, Chapter 16: Read the full landlord and tenant laws.
• Federal Fair Housing Act: See the main federal protections for renters.

---

1. North Dakota Human Rights Act (N.D.C.C. Title 14 Ch. 02.5)
2. North Dakota Century Code Title 47, Chapter 16 (Landlord & Tenant Law)
3. U.S. Dept. of Housing & Urban Development: Fair Housing & Equal Opportunity
4. North Dakota Department of Labor & Human Rights: Housing Discrimination

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