The North Dakota Fair Housing Council in cooperation with Montana Fair Housing hosted workshops addressing fair housing laws in Bismarck, Fargo, and Grand Forks in September. In addition, the NDFHC also hosted a workshop in Minot on October 6^th. Additional workshops will be held in the Spring. Attendance ranged from 20-40 attendees at each workshop with varying backgrounds and interest.

It is unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is sold or rented, or any person associated with that person has a disability or to make inquiry as to the nature or severity of a disability of such person(s). In addition, individuals who have completed an alcohol or substance abuse program, are protected from discrimination based upon disability.

Questions that a provider CAN ask to determine if an individual is a threat to others or will affect the peace and enjoyment of other tenants are:

• Have you been convicted of the illegal manufacture or distribution of a controlled substance?
• Would your tenancy be a threat to the health and safety of other people?
• Have you ever been convicted of any drug-related or alcohol-related activity? If yes, please explain.
• Have you ever engaged in the sale of illegal drugs? If yes, please explain.
• Have you ever been convicted of a felony?

It is lawful to inquire whether or not applicants are current illegal abusers or addicts of a controlled substance or have been convicted of the illegal manufacture or distribution of a controlled substance. Applicants who will constitute a direct threat to the health or safety of others or whose tenancy would result in substantial physical damage to the property of others need not be rented a dwelling under Fair Housing Law. However, such a determination must be based on fact, not on assumptions.

A housing provider can also ask questions concerning someone’s ability to meet tenancy requirements: paying the rent on time; obeying building rules; and providing references about past tenant history. Housing providers may also require credit checks. It is highly recommended that housing providers request past landlord references. References are typically the most effective way of determining if an individual will be respectful of the property, pay rent on time and not effect the enjoyment of other tenants.

Providers can also require that a certain income level be met in order to qualify for tenancy. However, it is recommended that a question be phrased, "What is your total monthly income?" to determine if an individual meets the requirements. A provider can also request verification of that monthly income. Requiring that an individual be employed, may be a violation of ND law in which individuals cannot be discriminated against based upon the source of their income. In other words, if an individual’s monthly income meets a provider’s requirements, a provider cannot dictate that it cannot come from some form of assistance or they may be in violation.

The North Dakota Human Rights Act (NDHRA), which was adopted in 1983, prohibits discrimination in housing. The NDHRA, for the most part, mirrors in the federal act except for a few exceptions:

The North Dakota Fair Housing Council was invited by several organizations to give staff and member presentations on Fair Housing this quarter. These groups include:

• Bismarck Lions Club
• Mandan Police Department’s Landlord Training Program
• Rural Development Manager’s Meeting
• Freedom Resources of Fargo
• North Dakota Advisory Committee on Civil Rights
• Rural Rental Housing Training Program
• University of North Dakota School of Law