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Rent Regulations

N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-40

Court-appointed attorney.

In Force
Verified 10/28/2026 · Next check 11/4/2026
North DakotaFair Housing & Anti-Discrimination

Operative Text

N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-40
    14-02.5-40. Court-appointed attorney.
    On application by a person alleging a discriminatory housing practice or by a person against
whom a discriminatory housing practice is alleged, the court may appoint an attorney for the
person.
Source: Legislative text reproduced verbatim
Plain English

Section 14-02.5-40 of the North Dakota Century Code provides that a court has the discretion to appoint an attorney for either party in a discriminatory housing practice case — whether that party is the person claiming discrimination or the person accused of it. This provision applies once a matter is before the court and a party submits a formal application for appointed counsel. The rule does not guarantee representation; it leaves the decision to the court's judgment.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under N.D.C.C. § 14-02.5-40, a property owner or manager named in a discriminatory housing practice proceeding may apply to the court for an appointed attorney if they lack representation. Operators involved in fair housing litigation should be aware that both sides of a case carry this right to apply, meaning a complainant may also receive court-appointed counsel. Keeping thorough records of housing decisions and policies is a practice that generally supports a well-documented defense in any such proceeding.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.D.C.C. § 14-02.5-40 gives individuals who allege a discriminatory housing practice the ability to ask the court to appoint an attorney on their behalf. This can be a meaningful option for those who face barriers to securing private legal representation in a fair housing case. Tenant-rights organizations and legal aid offices in North Dakota can also help individuals understand the process for making such an application and identify other available resources.

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

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.D.C.C. ch. 14-02.5
N.D.C.C. § 14-02.5-11
N.D.C.C. § 14-02.5-18
N.D.C.C. § 14-02.5-02
N.D.C.C. § 14-02.5-08
N.D.C.C. § 14-02.5-45
N.D.C.C. § 14-02.5-21
N.D.C.C. § 14-02.5-02
N.D.C.C. § 14-02.5-08
N.D.C.C. § 14-02.5-03
N.D.C.C. § 14-02.5-04
N.D.C.C. § 14-02.5-18
N.D.C.C. § 14-02.5-35
N.D.C.C. § 14-02.5-21
N.D.C.C. § 14-02.5-18
N.D.C.C. § 14-02.5-18
N.D.C.C. § 14-02.5-31
N.D.C.C. § 14-02.5-27
N.D.C.C. § 14-02.5-25
N.D.C.C. § 14-02.5-30
N.D.C.C. § 14-02.5-31
N.D.C.C. § 14-02.5-36
N.D.C.C. § 14-02.5-26
N.D.C.C. § 14-02.5-30
N.D.C.C. § 14-02.5-31
N.D.C.C. § 14-02.5-32
N.D.C.C. § 14-02.5-33
N.D.C.C. § 14-02.5-30
N.D.C.C. § 14-02.5-39
N.D.C.C. § 14-02.5-44
N.D.C.C. § 14-02.5-18
N.D.C.C. § 14-02.5-42
N.D.C.C. § 14-02.5-39
N.D.C.C. § 14-02.5-44
N.D.C.C. § 14-02.5-39
N.D.C.C. § 14-02.5-44
N.D.C.C. § 14-02.5-37
N.D.C.C. § 14-02.5-31
N.D.C.C. § 14-02.5-18

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

Source:https://ndlegis.gov/cencode/t14c02-5.pdf
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