N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-07.5
Disability documentation for service or assistance animal in rental dwelling.
Operative Text
47-16-07.5. Disability documentation for service or assistance animal in rental
dwelling.
A landlord may require reliable supporting documentation be provided by a tenant of a
rental dwelling that is subject to a no pets policy, if the tenant asserts a disability requiring a
service animal or assistance animal be allowed as an accommodation on the rented premises
under any provision of law. Reliable supporting documentation may be provided by a physician
or medical professional who does not operate in this state solely to provide certification for
service or assistance animals. Reliable supporting documentation must confirm the tenant's
disability and the relationship between the tenant's disability and the need for the requested
accommodation. A landlord may not require supporting documentation from a tenant if the
tenant's disability or disability-related need for a service animal or assistance animal is readily
apparent or already known to the landlord.Under N.D.C.C. § 47-16-07.5, when a tenant in a no-pets rental unit claims a disability that requires a service or assistance animal as an accommodation, the landlord is permitted to ask for reliable supporting documentation confirming both the disability and its connection to the need for the animal. That documentation must come from a physician or qualified medical professional who is not operating in North Dakota solely to issue such certifications. However, the right to request documentation does not apply when the tenant's disability or the disability-related need for the animal is already obvious or otherwise known to the landlord.
Plain English — not legal advice.
Property owners and managers operating no-pets units in North Dakota should be aware that § 47-16-07.5 sets specific boundaries on when and how disability documentation may be requested. A compliant operator generally accepts documentation from a licensed physician or medical professional, verifies that the documentation addresses both the disability and the nexus to the accommodation need, and refrains from requesting any documentation at all when the tenant's disability or need is readily apparent or already known. Operators also typically avoid relying on certifications issued by providers whose sole business purpose is generating service or assistance animal letters.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 47-16-07.5, tenants in no-pets rental units who need a service or assistance animal as a disability accommodation have the right to provide supporting documentation from a physician or qualified medical professional rather than from a certification-only service. If a landlord requests documentation in a situation where the disability or need is already obvious or known, that request may not be consistent with what the statute permits. Tenants who believe their rights under this provision have been violated may consider contacting a local tenant-rights organization, a fair housing agency, or consulting with a legal aid office 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.
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