N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-13
Duties and powers of department.
Operative Text
14-02.5-13. Duties and powers of department.
1. The department shall administer this chapter. The department may adopt rules
necessary to implement this chapter, but substantive rules adopted by the department
must impose obligations, rights, and remedies that are the same as are provided in
federal fair housing regulations.
2. For the purpose of thoroughly investigating a complaint, the department may require
the attendance of a witness and the production of a book, record, document, data, or
other object at any hearing or with reference to any matter the department has the
authority to investigate. If under this subsection a witness fails or refuses to appear or
to produce, the department may issue a subpoena to compel the witness to appear or
a subpoena duces tecum to compel the witness to appear and produce a relevant
book, record, document, data, or other object.
3. If a person refuses to obey a subpoena, the district court, upon application by the
department, may issue to the person an order requiring that person appear and give
evidence or otherwise produce documentary evidence requested by the department
regarding the matter under investigation.
4. A witness who is subpoenaed under this section and who appears at a hearing or
whose deposition is taken is entitled to receive the same fees and mileage as a
witness in a civil case in district court.
5. Within the limits of legislative appropriations, the department shall foster prevention of
discrimination under this chapter through education for the public, landlords,
publishers, realtors, brokers, lenders, and sellers on the rights and responsibilities
provided under this chapter and ways to respect those protected rights.
6. The department shall emphasize conciliation to resolve complaints.Section 14-02.5-13 of the North Dakota Century Code establishes the administrative authority of the state department responsible for enforcing the state's fair housing law. The department is empowered to investigate complaints by compelling witnesses and documents through subpoenas, with district court backing if those subpoenas are resisted. The provision also directs the department to prioritize public education about fair housing rights and to emphasize conciliation as the preferred method for resolving complaints.
Plain English — not legal advice.
Under § 14-02.5-13, the department overseeing North Dakota's fair housing chapter has broad investigative authority, including the power to subpoena records, documents, and witnesses relevant to any complaint. Operators who maintain thorough and organized records related to rental decisions, tenant communications, and property policies are generally better positioned to respond to any departmental inquiry. The department is also charged with educating landlords on their rights and responsibilities under the chapter, and outreach or training opportunities from the department can be a resource for staying informed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 14-02.5-13 grants the administering department significant tools to investigate fair housing complaints on a tenant's behalf, including the authority to subpoena witnesses and compel production of records. If a complaint is filed, the department is directed by this provision to emphasize conciliation, meaning it will generally attempt to resolve disputes through negotiation before other measures. Tenants who believe their fair housing rights have been violated may contact the department directly, and tenant-rights organizations can help explain what the complaint and investigation process typically involves.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation