N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-33
Effect of departmental order.
Operative Text
14-02.5-33. Effect of departmental order.
A departmental order under section 14-02.5-32 does not affect a contract, sale,
encumbrance, or lease that is consummated before the department issues the order and
involves a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the
charge filed under this chapter.Section 14-02.5-33 of the North Dakota Century Code limits the reach of a departmental order issued under the state's anti-discrimination law. Specifically, such an order cannot undo or invalidate a contract, sale, mortgage, or lease that was completed before the order was issued, as long as the other party—whether a buyer, lender, or tenant—had no actual knowledge of the underlying discrimination charge at the time. The rule essentially protects innocent third parties who entered into transactions in good faith and without notice of any pending charge.
Plain English — not legal advice.
Under N.D.C.C. § 14-02.5-33, a departmental order arising from a discrimination complaint does not automatically unwind real estate or rental transactions that were already finalized before the order was issued. Compliant operators generally keep clear records of when leases and sales are executed, which can help establish the timeline of a transaction relative to any departmental order. Landlords who were unaware of a pending charge at the time of a completed transaction may find that this provision is relevant to how an order affects their existing agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 14-02.5-33 of North Dakota's anti-discrimination statutes provides that a departmental order cannot retroactively void a lease a tenant entered into before the order was issued, provided the tenant had no actual notice of the discrimination charge at that time. This means tenants who completed a rental agreement in good faith—without knowledge of a pending charge—retain the protections of that agreement even if a departmental order is later issued. Tenants who believe a discrimination charge or departmental order may affect their housing situation can seek information from a tenant-rights organization or the North Dakota Department of Labor and Human Rights for general guidance.
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