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Rent Regulations

N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-44

Prevailing party.

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 § 14-02.5-44
    14-02.5-44. Prevailing party.
    A court in an action brought under this chapter or the department in an administrative
hearing under section 14-02.5-31 may award reasonable attorney's fees to the prevailing party
and assess court costs against the nonprevailing party.
Source: Legislative text reproduced verbatim
Plain English

Under N.D.C.C. § 14-02.5-44, when a fair housing dispute is resolved through a court action or an administrative hearing under this chapter, the decision-maker—whether a court or the relevant department—has discretion to award reasonable attorney's fees to whichever party prevails. The non-prevailing party may also be assessed court costs. This provision applies to actions brought under North Dakota's fair housing law, N.D.C.C. §§ 14-02.5-01 through 14-02.5-46.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers involved in fair housing proceedings under N.D.C.C. § 14-02.5-44 should be aware that both courts and administrative bodies have the authority to shift attorney's fees and court costs based on who prevails. Operators who maintain thorough documentation of their fair housing compliance practices are generally better positioned in any proceeding brought under this chapter. Understanding the fee-shifting framework is an important part of managing the financial exposure associated with fair housing complaints.

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. § 14-02.5-44 provides that a tenant who prevails in a fair housing action—whether in court or through an administrative hearing under § 14-02.5-31—may be awarded reasonable attorney's fees, which can make pursuing a valid claim more financially accessible. Conversely, a non-prevailing party may be assessed court costs, so understanding the full scope of a proceeding is important before moving forward. Tenants who believe their fair housing rights have been violated may wish to consult a tenant-rights organization or legal aid provider familiar with North Dakota's fair housing statutes to understand available options.

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

Rules and statutes cited by this regulation

N.D.C.C. § 14-02.5-31

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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