Key Takeaways
Expanded Protections: North Dakota state law goes beyond federal mandates by protecting against discrimination based on age, marital status, and status regarding public assistance.
Disability-Related Compliance: In North Dakota, landlords must allow reasonable accommodations (policy changes) and modifications (physical changes).
Strict Neutrality in Advertising: Even seemingly “friendly” phrases like “perfect for families” can be flagged as discriminatory steering; all marketing must focus on the property features rather than the “ideal” resident.
Do you ever find yourself second-guessing your rental decisions, wondering if they fully comply with the Fair Housing Act here in North Dakota? Navigating these regulations can feel complex, especially when you’re striving to protect your investment while finding the best qualified applicants.
A simple misunderstanding or a poorly worded advertisement can lead to potential legal and financial consequences that no property owner wants to face.
That’s why we at Personal Touch Property Management believe clear knowledge is your greatest asset. Whether you are managing a multi-family complex in Fargo or a single-family home in Jamestown, staying compliant is non-negotiable.
This guide will break down the essentials of the North Dakota Fair Housing Act, helping you operate with confidence and ensure your rental practices are both successful and legally sound.
Eight Critical Fair Housing Rules for North Dakota Landlords
Navigating Fair Housing laws in North Dakota is vital for protecting your investment. Beyond the federal rules, North Dakota has specific statutes that add layers of protection for renters. Here are eight essential rules you should always have at your fingertips to ensure complete compliance:
1. Expanded Protected Classes
In North Dakota, you need to know that the Fair Housing Act protects more than just the federal classes of race, color, national origin, religion, sex, familial status, and disability. Under the North Dakota Housing Discrimination Act, state law also prohibits discrimination based on:
Age (40 years of age or older)
Marital Status
Status with respect to public assistance, which can include housing-related assistance income sources.
2. Advertising Must Be Neutral
Your rental advertisements in North Dakota must remain completely neutral. Avoid any language that suggests a preference for—or a limitation on—certain groups. Phrases like “ideal for a young couple” or “quiet neighborhood for seniors” could be interpreted as steering.
When creating your online listings for properties, focus strictly on the facts: square footage, utility inclusions, and amenities. For more information on how to handle the start of a tenancy correctly, see our guide on North Dakota Security Deposit Laws.
3. Consistent Screening Criteria
Establishing standardized screening criteria is essential for fair housing compliance. You should have a written policy outlining specific qualifications, such as minimum credit scores or income-to-rent ratios (commonly 3x the monthly rent).
Applying these criteria inconsistently is one of the fastest ways to trigger a discrimination claim. If you require a background check for one applicant in Fargo and the surrounding areas, you must require it for all.
4. Reasonable Accommodations and Modifications
For residents with disabilities, you must understand the distinction between the two:
Accommodations: Changes to “rules or policies.” For example, if you have a “no-pets” policy, you must allow a service or emotional support animal without charging a pet deposit.
Modifications: Physical changes to the unit. In North Dakota, the resident typically pays for these (e.g., installing a ramp), but you cannot refuse to let them do it if it is reasonable. Landlords may require reasonable restoration of interior modifications at move-out, when applicable.
Proactively handling these requests helps reduce risk and maintain compliance.
5. Prohibited Steering and Blockbusting
Steering is the practice of guiding prospective residents toward or away from certain units based on a protected class. For instance, you cannot suggest that a resident of a specific race would “feel more comfortable” in a different neighborhood.
Similarly, blockbusting involves trying to convince owners to sell or rent their property by claiming that members of a protected class are moving into the area. Both are high-level violations that could result in complaints, financial penalties, legal action, and possible disciplinary action for licensed businesses.
6. Harassment is a Violation
Landlords have a “duty of care” to ensure their residents live in an environment free from harassment. This includes harassment from you, your employees, or even other residents.
If you are notified of a resident being harassed based on their protected status and you fail to act, you can be held liable under Fair Housing laws.
7. Understand the “Mrs. Murphy” Exemption
North Dakota law includes a very narrow exemption for owner-occupied buildings with four or fewer units. This is often called the “Mrs. Murphy” exemption.
