N.D. Admin. Code ch. 46-05-01 § 46-05-01-05
Good-faith defense
Operative Text
1. A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good-faith belief that the housing facility or community qualified for an exemption under this chapter. 2. a. A person claiming the good-faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption. b. Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must verify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons fifty-five years of age or older in order for such person to claim the defense. c. For purposes of this section, an authorized representative of a housing facility or community means the individual, committee, management company, owner, or other entity having the responsibility for adherence to the requirements established by this chapter. d. For purposes of this section, a "person" means a natural person. e. A person shall not be entitled to the good-faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons fifty-five years of age or older. Such a person will be ineligible for the good-faith defense regardless of whether the person received written assurance described in subdivision b.
Section 46-05-01-05 of the North Dakota Administrative Code establishes a limited defense against personal monetary liability for individuals who discriminate based on familial status when they genuinely believed the housing community qualified for a 'housing for older persons' exemption. The defense is only available to natural persons—not corporations or other entities—and requires that the housing facility formally verified its exempt status in writing and under oath before the alleged discrimination occurred. Critically, the defense is unavailable to anyone who actually knew the facility did not qualify, even if they received written assurances to the contrary.
Plain English — not legal advice.
Under § 46-05-01-05, individual property managers or owners who rely on a community's claimed 'housing for older persons' exemption to justify age-based occupancy policies generally protect themselves by obtaining written, sworn verification from the community's authorized representative before any disputed action takes place. Compliant operators confirm that such documentation predates any occupancy decision and keep records showing they had no actual knowledge that the community failed to meet exemption requirements. Because the defense applies only to natural persons, corporate owners or management entities should be aware that this particular shield does not extend to non-individual actors.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 46-05-01-05 limits when an individual landlord or manager can escape personal monetary liability for familial-status discrimination by claiming they believed a community was exempt as housing for older persons. Tenants who believe they were wrongfully denied housing or subjected to discriminatory policies may raise the absence of proper written, pre-discrimination verification as a basis to challenge that defense. Tenant-rights organizations and the North Dakota Department of Labor and Human Rights can provide information about filing a familial-status discrimination complaint and what evidence may be relevant to contesting a good-faith defense claim.
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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