June 1999 Newsletter
The North Dakota legislature introduced three bills this session dealing with housing discrimination issues. Two bills focused on establishment of a Human Rights Commission to address issues of discrimination within the state including those dealing with housing. Both these bills were defeated.
A third bill was signed by the Governor on April 19th and seeks to establish a substantially equivalent fair housing law. This law is effective October 1, 1999 and makes the following changes to the North Dakota Human Rights Act:
- Complaints alleging housing discrimination based upon race, color, gender, national origin, familial status, disability, marital status and age, may be filed with the North Dakota Department of Labor (DOL) instead of HUD. The DOL will be charged with investigation and enforcement of housing discrimination complaints. A complaint may be filed with the DOL within one year of the date of the alleged discriminatory act. Individuals also have two years from the date of the alleged act to file in court on the above protected classes.
- Housing discrimination complaints based upon receipt of public assistance have only the option of filing in state court within 6 months of the date of the alleged discriminatory act. These complaints may not be filed with the DOL.
- Owners of four units or less and whom live in one of the units are exempt from this law.
This also includes private sales which do not involve realtors. Under prior law, these
parties were not exempt. However, it still remains illegal to make, print or publish
discriminatory advertisements, statements or notices regardless of the number of units or
property involved.
Please contact the NDFHC with any additional questions.
NDFHC Files Fair Housing Complaint Against Minot Trailer Park Owner
In April, 1999, the NDFHC and two other complainants filed housing discrimination complaints with the U.S. Department of Housing & Urban Development (HUD) against Sarah Linke, owner and manager of Holiday Village, a mobile home park in Minot, ND.
The complaints allege discriminatory advertising, statements and notices against families with children, as well as discriminatory terms, conditions and services based upon the presence of children. The NDFHC complaint also alleges steering due the presence of children and discrimination based upon race/color, national origin and familial status.
One complaint was also amended to include retaliation in the exercising of fair housing rights. Recent court decisions have shown that it is illegal for a respondent to retaliate in the filing of fair housing complaints. A recent Region VIII court decision issued $100,000 in damages to a victim of such retaliation.
Under federal and/or state law, it is illegal for owners and managers of mobile home parks to discriminate based upon race, color, religion, gender, national origin, disability, age, marital status, source of income and the presence of children.
Upcoming Fair Housing Activities
The NDFHC will sponsor or co-sponsor the upcoming activities addressing fair housing issues:
- May 27/Bismarck: The NDFHC will co-sponsor with the Dakota Center for Independent Living, a workshop specifically addressing fair housing issues for people with disabilities. Topics to be discussed will include the federal Fair Housing Law, how to file a fair housing complaint, reasonable accommodations and modifications, applications of ADA, as well as housing services available to people with disabilities. The workshop is open to the public and will be held at the Bismarck Public Library from 1-5 pm.
- June 10/Williston: The NDFHC will co-sponsor a workshop with Independence Inc. addressing fair housing issues. This workshop will be informative for both housing providers and tenants. Issues to be discussed include: history of fair housing law, ADA, landlord/tenant issues, how to file a housing discrimination complaint, new design and construction, advertising, rental applications, as well as fair housing case law. The workshop is open to the public and will be held at the Williston Community Library from 12 Noon-5 pm.
- July 15/Bismarck: The NDFHC will sponsor a fair housing workshop. This workshop will cover a detailed analysis of the fair housing law and is excellent for both housing providers and tenants. The workshop is open to the public and will be held at the Bismarck Public Library from 9 am-1 pm.
- July/Bismarck: The NDFHC will sponsor a seminar focusing on discriminatory lending. This seminar will be informative for lending institutions seeking to evaluate their practices. Discussion will be held on fair lending laws, CRA, investigation of discriminatory lending complaints, HMDA data, and a "hands on" review of local lending. A confirmed date and speakers will be announced in early June.
Contact the NDFHC for more information on the above activities. Other events will be announced at a later date.
NDFHC Settles Discrimination Complaint Against West Fargo Publisher
In October, 1998, the NDFHC settled a lawsuit filed in federal court alleging discriminatory advertising against West Fargo, ND publisher Pioneer Enterprises. Pioneer publishes the Midweek Eagle and Midweek Plus.
Pioneer acknowledged publishing classified ads stating "no children" and "females only." The Court found in favor of the North Dakota Fair Housing Council and against the Midweek that it had violated the fair housing advertising provisions of the federal Fair Housing Act and corresponding provisions of the laws of North Dakota. The Court ordered:
- Payment of $6,000 to the NDFHC to cover the NDFHC’s costs in presenting two workshops addressing fair housing laws in the next two years as well as publication in the Midweek Eagle of a public service announcement promoting these workshops.
- Payment to the NDFHC of $13,500 for reimbursement of attorney’s fees and other investigative costs.
- Publication of a full page public service advertisement addressing fair housing in the Midweek Eagle once a year for three years.
In a statement issued to the NDFHC, Dave Braton, Director of Publications of the Midweek stated, "The Midweek Eagle and Midweek Plus look forward to working with the North Dakota Fair Housing Council and respects the continuing work of the NDFHC to educate housing providers and consumers about fair housing rights and responsibilities and the continuing efforts of the NDFHC to promote fair housing opportunities for all North Dakotans." Amy Schauer Nelson, Executive Director of the NDFHC stated, "I look forward to working with Pioneer Enterprises to eliminate housing discrimination in our State." Under federal and/or state law, it is illegal to publish advertisements for housing which discriminate against families with children, race, color, religion, gender, national origin, disability, marital status, age, or source of income.