N.D. Admin. Code ch. 46-05-01 § 46-05-01-01
Housing for persons who are fifty-five years of age or older - Definitions
Operative Text
1. The provisions regarding familial status and age in North Dakota Century Code chapter 14-02.5 shall not apply to housing intended and operated for persons fifty-five years of age or older. 2. For purpose of this chapter, "housing facility or community" means any dwelling or group of dwelling units governed by a common set of rules, regulations, or restrictions. A portion or portions of a single building shall not constitute a housing facility or community. Examples of a housing facility or community include a: a. Condominium association; b. Cooperative; c. Property governed by a homeowners' or resident association; d. Municipally zoned area; e. Leased property under common private ownership; f. Mobile home park; and g. Manufactured housing community. 3. For purposes of this chapter, "older person" means a person fifty-five years of age or older.
Section 46-05-01-01 of the North Dakota Administrative Code establishes that the familial status and age protections found in N.D.C.C. chapter 14-02.5 do not apply to housing communities that are intended and operated for residents aged 55 and older. The provision also defines what qualifies as a 'housing facility or community'—a broad category that includes condominiums, cooperatives, mobile home parks, manufactured housing communities, and similar arrangements governed by shared rules—while clarifying that a single portion of one building does not qualify. Finally, it defines 'older person' as anyone who is 55 years of age or older for the purposes of this chapter.
Plain English — not legal advice.
Operators of age-restricted communities should be aware that § 46-05-01-01 provides an exemption from North Dakota's familial status and age discrimination rules, but only for housing that is genuinely intended and operated for persons 55 and older. Compliant operators typically ensure their community meets the structural definition of a 'housing facility or community' under this section—such as being a condominium association, cooperative, mobile home park, or leased property under common private ownership—rather than merely a portion of a single building. Maintaining clear documentation that the community is designed and operated for residents meeting the 55-and-older threshold is a common practice among operators seeking to qualify for this exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 46-05-01-01, residents and prospective residents should understand that communities legitimately qualifying as 55-and-older housing under this provision are permitted to restrict occupancy in ways that would otherwise be prohibited by North Dakota's familial status and age discrimination laws. If a tenant believes a housing community is improperly claiming this exemption—for example, if it does not meet the definition of a 'housing facility or community' as outlined in this section—they may have grounds to raise that issue as a concern. Tenants in this situation can explore options such as filing a complaint with the North Dakota Department of Labor and Human Rights or consulting a tenant-rights organization for general guidance.
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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