N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-30
Election of judicial determination.
Operative Text
14-02.5-30. Election of judicial determination.
A complainant, a respondent, or an aggrieved person on whose behalf a complaint was filed
may elect to have the claims asserted in the charge decided in a civil action as provided by
section 14-02.5-36. The election must be made not later than the twentieth day after the date
the person having the election receives service under subsection 2 of section 14-02.5-26 or, in
the case of the department, not later than the twentieth day after the date the charge is issued.
The person making the election shall give notice to the department and to all other complainants
and respondents to whom the charge relates.Section 14-02.5-30 of the North Dakota Century Code establishes a procedural right that allows any party to a fair housing complaint — whether the person who filed it, the person it was filed against, or someone on whose behalf it was filed — to move the dispute out of the administrative process and into a civil court instead. This election must be made within twenty days of receiving the required notice under the statute, or, for the department, within twenty days of the charge being issued. Once the election is made, the choosing party must notify the department and all other parties involved in the charge.
Plain English — not legal advice.
Property owners and managers named as respondents in a fair housing charge under N.D.C.C. § 14-02.5-30 have the right to elect a civil court proceeding rather than an administrative hearing. Compliant operators track the date they receive service under § 14-02.5-26 carefully, since the twenty-day election window is strictly defined by statute. Those who exercise this option are generally expected to provide timely written notice to the department and to all other parties named in the charge.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or aggrieved persons on whose behalf a fair housing complaint has been filed have a right under N.D.C.C. § 14-02.5-30 to elect that their claims be decided in a civil action rather than through the administrative process. This election window opens upon receiving service under § 14-02.5-26 and closes after twenty days, making it important to understand when that notice was received. Tenant-rights organizations or legal aid services familiar with North Dakota fair housing law can help individuals understand what this procedural choice means and what general paths are available under §§ 14-02.5-01 through 14-02.5-46.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation