Housing and Accommodations
Housing is essential to community inclusion. People with disabilities have both rights and responsibilities related to housing. P&A believes people with disabilities must have access to safe, affordable, accessible housing in the community of their choice.
Protection from Housing Discrimination
Federal and state laws protect North Dakotans from housing discrimination. The Fair Housing Act and the North Dakota Housing Discrimination Act prohibit discrimination in housing rules, policies, practices, and services based on:
- Race
- Color
- National origin
- Religion
- Sex
- Age (40 years and older)
- Mental or physical disability
- Marital status
- Receipt of public assistance
- Familial status
- Status as a victim of domestic violence (in certain circumstances)
Housing providers may not treat individuals unfairly because of these characteristics.
Reasonable Accommodations and Modifications
Housing providers are required to make reasonable accommodations in rules, policies, practices, and services to ensure people with disabilities have an equal opportunity to use and enjoy their homes and shared spaces.
An accommodation is considered reasonable when it is practical, possible, and does not place an undue burden on the property owner.
Examples may include:
- Allowing a service, assistance, therapeutic, or companion animal
- Installing braille or other accessible signage
- Providing reserved or accessible parking spaces
- Widening doorways for wheelchair access
- Allowing grab bars in bathrooms
- Allowing installation of wheelchair ramps
- Replacing doorknobs with lever-style handles
In some cases, a property owner may require a tenant to pay for physical modifications and may request that funds be set aside to restore the property when the tenant moves out.
However, property owners may not charge pet deposits, additional rent, or special insurance fees for service animals or assistance animals.
Emotional Support and Assistance Animals
Under the Fair Housing Act, individuals with disabilities are protected from discrimination related to assistance animals, even in buildings with “no pets” policies.
An assistance animal is an animal that works, provides assistance, performs tasks, or provides emotional support that helps alleviate the effects of a disability. Assistance animals are not considered pets.
Housing providers must make reasonable accommodations to allow assistance animals when they are necessary for a person with a disability. Refusing to allow an assistance animal or charging extra fees may be considered disability discrimination.
Guidance on assistance animals is provided by the U.S. Department of Housing and Urban Development (HUD).
What to Do If You Experience Housing Discrimination
If you believe you have been discriminated against in housing, you have the right to take action.
You may:
- File a complaint with the North Dakota Department of Labor and Human Rights
- Report housing discrimination to the U.S. Department of Housing and Urban Development
These agencies can investigate complaints and work to resolve housing discrimination.