N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-46
Records exempt.
Operative Text
14-02.5-46. Records exempt.
A complaint filed with the department under section 14-02.5-18 is an open record.
Information obtained during an investigation conducted by the department under this chapter is
exempt from section 44-04-18 before the institution of any judicial proceedings or administrative
hearing relating to the complaint under this chapter or before the administrative closure of a
complaint by the department. The department may disclose to the complainant or the
respondent, or representatives of the complainant or respondent, information obtained during an
investigation if deemed necessary by the department for securing an appropriate resolution of a
complaint. The department may disclose information obtained during an investigation to a
federal agency if necessary for the processing of complaints under an agreement with the
agency. Individually identifiable health information obtained during an investigation may not be
disclosed by the department except to a federal agency if necessary for the processing of
complaints under an agreement with the agency. Statements made or actions taken during
conciliation efforts relating to a complaint under this chapter may not be disclosed by the
department, except to a federal agency if necessary for the processing of complaints under an
agreement with the agency, and may not be used as evidence in a subsequent proceeding
under this chapter without the written consent of the parties to the conciliation. A conciliation
agreement is an open record unless the complainant and respondent agree that it is not and the
department determines that disclosure is not necessary to further the purposes of this chapter.
Investigative working papers are exempt from section 44-04-18.Section 14-02.5-46 of the North Dakota Century Code establishes which records related to housing discrimination complaints are public and which are protected. While a filed complaint itself is an open record, information gathered during the department's investigation is shielded from public disclosure until formal legal or administrative proceedings begin, or until the department administratively closes the complaint. Statements and actions taken during conciliation efforts are generally confidential and cannot be used as evidence in later proceedings without written consent from all parties, and individually identifiable health information faces especially strict disclosure limits.
Plain English — not legal advice.
Under N.D.C.C. § 14-02.5-46, property owners and managers named as respondents in a fair housing complaint should be aware that investigative information gathered by the department is not automatically public during an active investigation. The department may share relevant investigative details with a respondent or their representative if it determines doing so is necessary to reach an appropriate resolution. Operators should also understand that anything said or agreed to during conciliation is generally confidential and cannot be introduced as evidence in subsequent proceedings without written consent from all parties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 14-02.5-46 provides complainants with certain informational protections and rights during the investigation process. The department may share investigative information with a complainant or their representative when it determines that doing so would help secure an appropriate resolution of the complaint. Tenants who have filed a complaint and want to understand what records are available to them, or how their health information is being handled, may benefit from consulting a tenant-rights organization or legal aid provider familiar with North Dakota's fair housing process.
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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