N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-12
Effect on other law.
Operative Text
14-02.5-12. Effect on other law.
1. This chapter does not affect a reasonable local or state restriction on the maximum
number of occupants permitted to occupy a dwelling or a restriction relating to health
or safety standards.
2. This chapter does not affect a requirement of nondiscrimination in any other state or
federal law.Section 14-02.5-12 of North Dakota's Human Rights Act clarifies that the fair housing protections established in Chapter 14-02.5 do not override or nullify two categories of existing law: (1) reasonable local or state rules that cap the number of occupants in a dwelling or set health and safety standards, and (2) nondiscrimination requirements found in other state or federal statutes. In other words, this provision defines the boundaries of the chapter rather than expanding or contracting the rights it creates. Both types of external rules remain fully in force alongside Chapter 14-02.5.
Plain English — not legal advice.
Under § 14-02.5-12, property owners and managers should understand that complying with Chapter 14-02.5's fair housing rules does not exempt them from separately applicable occupancy limits or health and safety codes set by local or state authorities. Operators who follow reasonable, uniformly applied occupancy standards grounded in legitimate health or safety rationale generally remain on solid footing under this provision. Additionally, obligations imposed by other state or federal nondiscrimination laws—such as the federal Fair Housing Act—continue to apply independently and are not displaced by Chapter 14-02.5.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 14-02.5-12 makes clear that tenants retain the full protection of any nondiscrimination requirements found in other state or federal laws, even where Chapter 14-02.5 is the primary framework being invoked. If a landlord relies on an occupancy limit or health and safety rule to justify a housing decision, that rule must be a genuine, reasonable restriction—not a pretext—because this provision only preserves legitimate standards. Tenants who believe a policy is being misused as a cover for discrimination may explore filing a complaint with a relevant civil rights or housing authority, or consult a tenant-rights organization familiar with North Dakota law.
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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