N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-11
Housing for elderly exempted.
Operative Text
14-02.5-11. Housing for elderly exempted.
1. The provisions of this chapter relating to familial status and age do not apply to
housing that the secretary of housing and urban development determines is
specifically designed and operated to assist elderly individuals under a federal
program; the department determines is specifically designed and operated to assist
elderly individuals under a state program; is intended for, and solely occupied by,
individuals sixty-two years of age or older; or is intended and operated for occupancy
by at least one individual fifty-five years of age or older for each unit as determined by
department rules. In determining whether housing qualifies as housing for elderly
because it is intended and operated for occupancy by at least one individual fifty-five
years of age or older for each unit, the department shall adopt rules that require at
least the following factors:
a. That at least eighty percent of the units are occupied by at least one individual
fifty-five years of age or older per unit; and
b. The publication of, and adherence to, policies and procedures which demonstrate
an intent by the owner or manager to provide housing for individuals fifty-five
years of age or older.
2. Housing may not be considered to be in violation of the requirements for housing for
elderly under this section by reason of:
a. Individuals residing in the housing as of October 1, 1999, who do not meet the
age requirements of this section, provided that new occupants of the housing
meet the age requirements; or
b. Unoccupied units, provided that the units are reserved for occupancy by
individuals who meet the age requirements of this section.Section 14-02.5-11 of the North Dakota Century Code carves out an exemption from the state's fair housing rules on familial status and age for certain senior housing communities. A property qualifies if it is federally or state-designated for elderly assistance, is exclusively occupied by residents 62 or older, or meets the '55-plus' standard—meaning at least 80% of units house at least one person aged 55 or older and the owner or manager publishes and follows policies demonstrating a senior-housing intent. Properties are not penalized for grandfathered residents who were already living there before October 1, 1999, or for temporarily vacant units held for age-qualifying occupants.
Plain English — not legal advice.
Operators seeking to qualify under the § 14-02.5-11 exemption generally maintain documented policies and procedures that clearly express an intent to provide housing for individuals 55 or older, and they track occupancy data to confirm that at least 80% of units house at least one qualifying resident. Compliant managers also ensure that any new tenants meet the applicable age threshold, even when existing residents who predate October 1, 1999 do not. Keeping records of federal or state program designations, occupancy surveys, and published age-restriction policies supports a property's ability to demonstrate ongoing compliance with the exemption's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 14-02.5-11, tenants should be aware that senior housing communities meeting specific age-occupancy thresholds are legally permitted to restrict residency based on age, and the state's familial-status protections do not apply in those settings. If a tenant believes a property is incorrectly claiming this exemption—for example, if it does not actually meet the 80% occupancy threshold or lacks published age-restriction policies—that concern can generally be raised with the North Dakota Department of Labor and Human Rights, which administers the state's fair housing law. Tenant-rights organizations can help individuals understand whether a particular community legitimately qualifies for the § 14-02.5-11 exemption and what options may be available.
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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