N.D. Admin. Code ch. 46-05-01 § 46-05-01-03
Intent to operate as housing designed for persons who are fifty-five years of age or older
Operative Text
1. In order for a housing facility or community to qualify as housing designed for persons who are fifty-five years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons fifty-five years of age or older. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement: a. The manner in which the housing facility or community is described to prospective residents; b. Any advertising designed to attract prospective residents; c. Lease provisions; d. Written rules, regulations, covenants, deeds, or other restrictions; e. The maintenance and consistent application of relevant procedures; f. Actual practices of the housing facility or community; and g. Public posting in common areas of statements describing the facility or community as housing for persons fifty-five years of age or older. 2. Phrases such as "adult living", "adult community", or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons fifty-five years of age or older. 3. If there is language in a deed or other community or facility document which is inconsistent with the intent to provide housing for persons who are fifty-five years of age or older, the commissioner shall consider documented evidence of a good-faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section in conjunction with other evidence of intent. 4. A housing facility or community may allow occupancy by families with children as long as it meets the requirements of section 46-05-01-02 and subsection 1 of section 46-05-01-03.
Under N.D. Admin. Code § 46-05-01-03, a housing facility or community that wants to qualify as 55-and-older housing must do more than simply claim that status — it must actively publish and follow policies that demonstrate a genuine intent to serve that population. Relevant evidence includes how the community is described to prospective residents, its advertising, lease terms, posted notices in common areas, and its actual day-to-day practices. Vague phrases like "adult living" or "adult community" are explicitly insufficient to establish this intent, and conflicting language in deeds or governing documents can undermine qualification unless good-faith efforts to remove it are documented.
Plain English — not legal advice.
Operators seeking 55-and-older housing status under N.D. Admin. Code § 46-05-01-03 generally ensure that every public-facing communication — from advertising copy to lease agreements to posted notices in common areas — consistently and clearly identifies the community as housing for persons fifty-five years of age or older. Compliant operators avoid ambiguous marketing language such as "adult living" or "adult community," which the rule expressly identifies as inconsistent with the required intent. Where deed restrictions or governing documents contain conflicting language, operators typically document their good-faith efforts to remove such language, as the commissioner may weigh that evidence when evaluating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Prospective and current residents of a community claiming 55-and-older status under N.D. Admin. Code § 46-05-01-03 have an interest in knowing whether that community genuinely meets the legal requirements for such a designation, since improper qualification can affect fair housing protections for families with children. If a community's advertising, lease terms, or actual practices appear inconsistent with the stated 55-and-older designation — or if the community relies only on vague phrases like "adult community" — those facts may be relevant to a fair housing inquiry. Individuals who believe a housing facility is misrepresenting its status may consider contacting the North Dakota Department of Labor and Human Rights or a local tenant-rights organization for general information about available options.
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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