N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-10
Religious organization, private club, and appraisal exemption.
Operative Text
14-02.5-10. Religious organization, private club, and appraisal exemption.
1. This chapter does not prohibit a religious organization, association, or society or a
nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society from limiting the sale,
rental, or occupancy of dwellings that it owns or operates for other than a commercial
purpose to individuals of the same religion or giving preference to persons of the same
religion, unless membership in the religion is restricted because of race, color, or
national origin.
2. This chapter does not prohibit a private club that is not in fact open to the public and
that, as an incident to its primary purpose, provides lodging that it owns or operates for
other than a commercial purpose from limiting the rental or occupancy of the lodging to
its members or from giving preference to its members, unless membership in the club
is restricted because of race, color, or national origin.
3. This chapter does not prohibit a person engaged in the business of furnishing
appraisals of real property from considering in those appraisals factors other than
race, color, religion, sex, disability, age, familial status, national origin, or status with
respect to marriage or public assistance.Section 14-02.5-10 of North Dakota's fair housing law carves out three narrow exemptions from the chapter's general anti-discrimination requirements. Religious organizations and nonprofits they control may give preference to members of their own religion when renting or selling non-commercially operated dwellings, as long as religious membership itself is not restricted by race, color, or national origin. Private clubs that are genuinely not open to the public may limit lodging they operate for non-commercial purposes to their own members, again provided membership is not restricted by race, color, or national origin. Real estate appraisers are permitted to weigh factors beyond the protected characteristics listed in the chapter when forming their professional opinions of value.
Plain English — not legal advice.
Operators covered by § 14-02.5-10—such as a church-affiliated housing ministry or a bona fide private club—may lawfully apply religion- or membership-based preferences when renting or selling dwellings they own for non-commercial purposes, provided those preferences do not serve as a proxy for race, color, or national origin discrimination. Compliant operators typically document the non-commercial nature of the housing, the genuine religious or membership affiliation requirement, and the absence of any race-, color-, or national-origin-based restriction on membership. Operators who are uncertain whether their housing qualifies for one of these exemptions under § 14-02.5-10 generally review their organizational structure and purpose carefully before applying any preference policy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 14-02.5-10, the exemptions for religious organizations and private clubs are conditional: if a housing provider is using a claimed religious or membership preference as a cover for discrimination based on race, color, or national origin, the exemption does not apply and the broader protections of N.D.C.C. Chapter 14-02.5 remain in force. Tenants who believe a preference policy crosses that line—for example, because club or religious membership is effectively restricted along racial or national-origin lines—may have grounds to raise a violation under the chapter. General enforcement paths include filing a complaint with a state or federal fair housing agency or consulting a tenant-rights or civil-rights organization familiar with North Dakota law.
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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