N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-09
Sales and rentals exempted.
Operative Text
14-02.5-09. Sales and rentals exempted.
1. Sections 14-02.5-02 through 14-02.5-08 do not apply to the sale or rental of a
single-family house sold or rented by the owner if the owner does not own more than
three single-family houses at any one time or own any interest in, nor is there owned
or reserved on the person's behalf, under any express or voluntary agreement, title to
or any right to any part of the proceeds from the sale or rental of more than three
single-family houses at any one time. In addition, the house must be sold or rented
without the use of the sales or rental facilities or services of a licensed real estate
broker, agent, or realtor, or of a person in the business of selling or renting dwellings,
or of an employee or agent of any such broker, agent, realtor, or person; or the
publication, posting, or mailing of a notice, statement, or advertisement prohibited by
section 14-02.5-03. The exemption provided in this subsection applies only to one sale
or rental in a twenty-four-month period, if the owner was not the most recent resident
of the house at the time of the sale or rental. For the purposes of this subsection, a
person is in the business of selling or renting dwellings if the person:
a. Within the preceding twelve months, has participated as principal in three or more
transactions involving the sale or rental of any dwelling or any interest in a
dwelling;
b. Within the preceding twelve months, has participated as agent, other than in the
sale of the person's own personal residence, in providing sales or rental facilities
or sales or rental services in two or more transactions involving the sale or rental
of any dwelling or any interest in a dwelling; or
c. Is the owner of any dwelling designed or intended for occupancy by, or occupied
by, five or more families.
2. Section 14-02.5-02 and sections 14-02.5-04 through 14-02.5-08 do not apply to the
sale or rental of the rooms or units in a dwelling containing living quarters occupied by
or intended to be occupied by not more than four families living independently of each
other, if the owner maintains and occupies one of the living quarters as the owner's
residence.North Dakota Century Code § 14-02.5-09 carves out two categories of housing transactions from the state's fair-housing prohibitions. The first exemption covers private sales or rentals of single-family homes by small-scale owners (no more than three such homes at once) who conduct the transaction without a licensed broker or prohibited advertising, subject to a once-every-24-months limit when the owner was not the most recent occupant. The second exemption covers the rental of rooms or units in an owner-occupied building of four or fewer units, meaning the fair-housing rules in §§ 14-02.5-02 and 14-02.5-04 through 14-02.5-08 do not apply to those transactions. Both exemptions are narrowly defined, and several conditions must be met simultaneously for either to apply.
Plain English — not legal advice.
Property owners who believe they qualify under § 14-02.5-09 should understand that the exemptions are conditional and can be lost if, for example, a licensed real estate professional is used, prohibited advertising is published, or the owner exceeds the three-single-family-home threshold. Operators of small owner-occupied buildings of four or fewer units may rely on the second exemption only while they personally reside in the property. Compliant operators in either category typically document their ownership count, residency status, and transaction history to demonstrate that all conditions of § 14-02.5-09 are continuously satisfied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you believe a landlord or seller has improperly claimed an exemption under § 14-02.5-09 to avoid fair-housing obligations, it is worth examining whether all conditions of the exemption were actually met—such as whether a broker was used, how many properties the owner holds, or whether prohibited advertising appeared. Tenants and prospective renters retain the right to file a complaint with the North Dakota Department of Labor and Human Rights, which administers the state's fair-housing law under Chapter 14-02.5, if they believe a violation occurred. Consulting a tenant-rights organization or legal aid provider can help clarify whether the exemption legitimately applied to a specific transaction.
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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