N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-06
Disability.
Operative Text
14-02.5-06. Disability.
1. A person may not discriminate in the sale or rental of, or make unavailable or deny, a
dwelling to any buyer or renter because of a disability of the buyer or renter; of an
individual residing in or intending to reside in that dwelling after it is sold, rented, or
made available; or of any individual associated with the buyer or renter.
2. A person may not discriminate against an individual in the terms, conditions, or
privileges of sale or rental of a dwelling or in the provision of services or facilities in
connection with the dwelling because of a disability of that individual; of an individual
residing in or intending to reside in that dwelling after it is sold, rented, or made
available; or of any individual associated with that individual.
3. In this section, discrimination includes:
a. A refusal to permit, at the expense of the individual having a disability, a
reasonable modification of existing premises occupied or to be occupied by the
individual if the modification may be necessary to afford the individual full
enjoyment of the premises, except that, in the case of a rental, the landlord may
condition, when it is reasonable to do so, permission for a modification on the
renter agreeing to restore the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted;
b. A refusal to make a reasonable accommodation in rules, policies, practices, or
services if the accommodation may be necessary to afford the individual equal
opportunity to use and enjoy a dwelling; or
c. The failure to design and construct a covered multifamily dwelling in a manner
that allows the public use and common use portions of the dwellings to be readily
accessible to and usable by individuals having a disability; that allows all doors
designed to allow passage into and within all premises within the dwellings to be
sufficiently wide to allow passage by an individual who has a disability and who is
in a wheelchair; and that provides all premises within the dwellings contain the
following features of adaptive design:
(1) An accessible route into and throughout the dwelling;
(2) Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(3) Reinforcements in bathroom walls to allow later installation of grab bars; and
(4) Kitchens and bathrooms that are usable and have sufficient space in which
an individual in a wheelchair can maneuver.
4. Compliance with the appropriate requirements of the American national standard for
buildings and facilities providing accessibility and usability for individuals having
physical disabilities, commonly cited as "ANSI A 117.1 (1986)", satisfies the
requirements of adaptive design in subdivision c of subsection 3.
5. The adaptive design requirements of subdivision c of subsection 3 do not apply to a
building the first occupancy of which occurred on or before March 13, 1991.
6. This section does not require a dwelling to be made available to an individual whose
tenancy would constitute a direct threat to the health or safety of other individuals
whose tenancy would result in substantial physical damage to the property of others.
7. Covered multifamily dwellings are buildings consisting of four or more units if the
buildings have one or more elevators and ground floor units in other buildings
consisting of four or more units.Section 14-02.5-06 of the North Dakota Century Code prohibits discrimination in the sale or rental of housing on the basis of disability, covering not only the buyer or renter themselves but also people who will live in the dwelling or who are associated with the buyer or renter. The law defines discrimination broadly to include refusing to allow a tenant with a disability to make reasonable modifications at their own expense, refusing to make reasonable accommodations in rules or policies, and failing to build covered multifamily dwellings with accessible design features such as wide doorways, accessible routes, and reinforced bathroom walls. Certain exemptions apply, including buildings first occupied on or before March 13, 1991, and situations where a tenancy would pose a direct threat to the health or safety of others or cause substantial physical damage to property.
Plain English — not legal advice.
Under N.D.C.C. § 14-02.5-06, compliant housing providers generally evaluate rental applications without regard to an applicant's disability or the disability of anyone associated with them, and they apply the same terms and conditions of tenancy to all residents. When a tenant with a disability requests a reasonable modification at their own expense, operators typically grant permission while, where reasonable, conditioning approval on an agreement to restore the interior to its prior condition upon move-out, normal wear and tear excepted. Owners and managers of covered multifamily dwellings of four or more units also ensure that new construction meets the accessible design standards outlined in the provision, including those aligned with ANSI A 117.1 (1986).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 14-02.5-06 gives tenants and prospective renters with disabilities the right to be free from discriminatory treatment in any aspect of renting a dwelling, including the terms of a lease and the provision of services or facilities. Tenants generally have the right to request reasonable modifications to their unit at their own expense and to request reasonable accommodations in a landlord's rules or policies when such changes are necessary to afford equal use and enjoyment of the dwelling. Those who believe their rights under this section have been violated may consider filing a complaint with a fair housing agency, raising the violation as a defense in a housing proceeding, or reaching out to a tenant-rights or disability-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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