Rent Raises After Accessibility Upgrades in North Dakota

If you're a North Dakota renter with a disability or accessibility needs, you might wonder if your landlord can raise your rent after upgrades to your rental unit. This guide explains the rules around rent increases after accessibility modifications, your rights under North Dakota law, how the process works, and where to get official help.

Understanding Accessibility Modifications and Rent Increases

Landlords are sometimes required by law to allow reasonable modifications for renters with disabilities under the federal Fair Housing Act and state law. In North Dakota, renters and landlords both have rights and responsibilities regarding accessibility upgrades and related costs.

Who Pays for Accessibility Upgrades?

Generally, renters are responsible for the cost of reasonable modifications to make a unit accessible. For example, this might include installing grab bars in a bathroom or widening doorways. However, landlords must allow such modifications if they are reasonable and necessary for the renter’s disability, unless doing so would cause an undue financial or administrative burden.

Can a Landlord Raise My Rent for Accessibility Upgrades?

In North Dakota, landlords are not allowed to increase rent simply because a renter requested or completed a reasonable modification for accessibility. Rent increases must follow the rules set by the North Dakota Century Code Chapter 47-16 - Landlord and Tenant Law and require proper written notice.

• Rent can be increased at the end of a lease term or with at least 30 days' written notice for month-to-month agreements.
• Any increase must be reasonable and not retaliatory or discriminatory due to disability.
• If the landlord pays for a modification at the renter’s request (and is not otherwise required to do so), they may negotiate a separate written agreement regarding increased rent or sharing costs—but this must be documented and agreed to in advance.

For full details on the requirements, see North Dakota Century Code Section 47-16-07.1.

Official Process and Forms

If you need to request an accessibility modification, use written communication and keep records. Currently, North Dakota does not mandate a standardized state form for requesting reasonable modifications. However, you should:

• Submit a written request to your landlord specifying the modification needed and how it relates to your disability.
• If your landlord denies your request, you may file a housing discrimination complaint.

Housing Discrimination Complaint Form

• Form Name: North Dakota Department of Labor and Human Rights – Fair Housing Complaint
• Use: File this form if you believe your landlord is discriminating against you because of disability or accessibility needs.
• Download Fair Housing Complaint Form (PDF)

Example: If your landlord raises your rent right after you request a wheelchair ramp, you might use this form to file a formal complaint.

Who Oversees Rental Disputes in North Dakota?

Residential tenancy disputes in North Dakota are handled by state district courts, not a separate housing tribunal. The official court resource is the North Dakota Court System.

Legal Protections Against Retaliation or Discrimination

• It is unlawful for a landlord to retaliate (for example, by increasing rent or threatening eviction) because a tenant requests or exercises rights around disability accommodation. Read Section 47-16-17.1 on Retaliatory Conduct.
• Landlords may not discriminate because of a renter’s disability. See the Fair Housing Act and ND Human Rights Act (Section 14-02.5).

FAQ: Rent Increases and Accessibility Upgrades in North Dakota

1. Can my landlord raise my rent after I ask for an accessibility upgrade?
   In most cases, no. Landlords in North Dakota cannot raise your rent because you request a reasonable modification for disability under state and federal law. Any rent increase must comply with standard notice requirements and cannot be retaliatory or discriminatory.
2. Do I have to pay for accessibility modifications?
   Yes, renters are typically responsible for the cost of reasonable modifications. Landlords can request you return the unit to its original condition when you move out, unless the changes are reasonable for future tenants.
3. What do I do if I believe an increase was retaliation or discrimination?
   You can file a formal complaint with the North Dakota Department of Labor and Human Rights using their Fair Housing Complaint Form.
4. What notice must my landlord give for a legal rent increase?
   For month-to-month rentals, your landlord must provide at least 30 days’ written notice before a rent increase. See NDCC Section 47-16-07.1 for details.
5. Who can help with a dispute about accessibility or rent increases?
   The North Dakota Department of Labor and Human Rights, or North Dakota Legal Services, can assist renters facing discrimination or disputes about accessibility.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Housing Discrimination: File complaints, get information on disability and housing rights.
• Legal Services of North Dakota: Free or low-cost legal assistance for eligible renters.
• North Dakota Courts Self-Help Center: Guides and forms for renters if you’re considering legal action.
• HUD – File a Fair Housing Complaint if your case involves federal law.

---

1. North Dakota landlord-tenant law: North Dakota Century Code Chapter 47-16 - Landlord and Tenant
2. State human rights and housing discrimination protections: North Dakota Human Rights Act (Section 14-02.5)
3. Fair Housing complaint process: North Dakota Department of Labor – Housing Discrimination
4. Rental dispute handling: North Dakota Court System

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