14-02.5 Housing Discrimination - North Dakota Statutes

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CHAPTER 14-02.5HOUSING DISCRIMINATION14-02.5-01.Definitions.The definitions in section 14-02.4-02 may be used tosupplement the definitions in this chapter. In this chapter, unless the context otherwise requires:1."Aggrieved person" includes any person who claims to have been injured by a
discriminatory housing practice or believes that the person will be injured by a
discriminatory housing practice that is about to occur.2."Complainant" means a person, including the department, that files a complaint
under section 14-02.5-18.3."Conciliation" means the informal negotiations among an aggrieved person, the
respondent, and the department to resolve issues raised by a complaint or by the
investigation of the complaint.4."Conciliation agreement" means a written agreement resolving the issues in
conciliation.5."Department" means the labor department.6."Disability" means a mental or physical impairment that substantially limits at least
one major life activity, a record of this impairment, or being regarded as having this
impairment. The term does not include current illegal use or addiction to any drug or
illegal or federally controlled substance and does not apply to an individual because
of an individual's sexual orientation or because that individual is a transvestite.7."Discriminatory housing practice" means an act prohibited by sections 14-02.5-02
through 14-02.5-08 or conduct that is an offense under section 14-02.5-45.8."Dwelling" means any structure or part of a structure that is occupied as, or designed
or intended for occupancy as, a residence by one or more families or vacant land
that is offered for sale or lease for the construction or location of a structure or part of
a structure as previously described.9."Familial status" means one or more minors being domiciled with a parent or
another person having legal custody of the minor or minors; or the designee of the
parent or other person having such custody with the written permission of the parent
or other person. The protections afforded against discrimination on the basis of
familial status apply to any person who is pregnant or is in the process of securing
legal custody of any minor.10."Family" includes a single individual.11."Respondent" means a person accused of a violation of this chapter in a complaint
of discriminatory housing practice or a person identified as an additional or substitute
respondent under section 14-02.5-21 or an agent of an additional or substitute
respondent.12."To rent" includes to lease, sublease, or let, or to grant in any other manner, for a
consideration, the right to occupy premises not owned by the occupant.14-02.5-02. Sale or rental.1.A person may not refuse to sell or rent, after the making of a bona fide offer, refuse
to negotiate for the sale or rental of, or in any other manner make unavailable or
deny a dwelling to an individual because of race, color, religion, sex, disability, age,Page No. 1familial status, national origin, or status with respect to marriage or public
assistance.2.A person may not discriminate against an individual in the terms, conditions, or
privileges of sale or rental of a dwelling or in providing services or facilities in
connection with a sale or rental of a dwelling because of race, color, religion, sex,
disability, age, familial status, national origin, or status with respect to marriage or
public assistance.3.This section does not prohibit discrimination against an individual because the
individual has been convicted under federal law or the law of any state of the illegal
manufacture or distribution of a controlled substance.4.Nothing in this chapter prevents a person from refusing to rent a dwelling to two
unrelated individuals of opposite gender who are not married to each other.14-02.5-03. Publication. A person may not make, print, or publish or effect the making,printing, or publishing of a notice, statement, or advertisement that is about the sale or rental of a
dwelling and that indicates any preference, limitation, or discrimination or the intention to make a
preference, limitation, or discrimination because of race, color, religion, sex, disability, age,
familial status, national origin, or status with respect to marriage or public assistance.14-02.5-04. Inspection. A person may not represent to an individual because of race,color, religion, sex, disability, age, familial status, national origin, or status with respect to
marriage or public assistance that a dwelling is not available for inspection for sale or rental when
the dwelling is available for inspection.14-02.5-05. Entry into neighborhood. A person may not, for profit, induce or attempt toinduce another to sell or rent a dwelling by representations regarding the entry or prospective
entry into a neighborhood of an individual of a particular race, color, religion, sex, disability, age,
familial status, national origin, or status with respect to marriage or public assistance.14-02.5-06. Disability.1.A person may not discriminate in the sale or rental of, or make unavailable or deny,
a dwelling to any buyer or renter because of a disability of the buyer or renter; of an
individual residing in or intending to reside in that dwelling after it is sold, rented, or
made available; or of any individual associated with the buyer or renter.2.A person may not discriminate against an individual in the terms, conditions, or
privileges of sale or rental of a dwelling or in the provision of services or facilities in
connection with the dwelling because of a disability of that individual; of an individual
residing in or intending to reside in that dwelling after it is sold, rented, or made
available; or of any individual associated with that individual.3.In this section, discrimination includes:a.A refusal to permit, at the expense of the individual having a disability, a
reasonable modification of existing premises occupied or to be occupied by the
individual if the modification may be necessary to afford the individual full
enjoyment of the premises, except that, in the case of a rental, the landlord
may condition, when it is reasonable to do so, permission for a modification on
the renter agreeing to restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear excepted;b.A refusal to make a reasonable accommodation in rules, policies, practices, or
services if the accommodation may be necessary to afford the individual equal
opportunity to use and enjoy a dwelling; orPage No. 2c.The failure to design and construct a covered multifamily dwelling in a manner
that allows the public use and common use portions of the dwellings to be
readily accessible to and usable by individuals having a disability; that allows all
doors designed to allow passage into and within all premises within the
dwellings to be sufficiently wide to allow passage by an individual who has a
disability and who is in a wheelchair; and that provides all premises within the
dwellings contain the following features of adaptive design:(1)An accessible route into and throughout the dwelling;(2)Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;(3)Reinforcements in bathroom walls to allow later installation of grab bars;
and(4)Kitchens and bathrooms that are usable and have sufficient space in
which an individual in a wheelchair can maneuver.4.Compliance with the appropriate requirements of the American national standard for
buildings and facilities providing accessibility and usability for individuals having
physical disabilities, commonly cited as "ANSI A 117.1 (1986)", satisfies the
requirements of adaptive design in subdivision c of subsection 3.5.The adaptive design requirements of subdivision c of subsection 3 do not apply to a
building the first occupancy of which occurred on or before March 13, 1991.6.This section does not require a dwelling to be made available to an individual whose
tenancy would constitute a direct threat to the health or safety of other individuals
whose tenancy would result in substantial physical damage to the property of others.7.Covered multifamily dwellings are buildings consisting of four or more units if the
buildings have one or more elevators and ground floor units in other buildings
consisting of four or more units.14-02.5-07. Residential real estate-related transaction. A person whose businessincludes engaging in residential real estate-related transactions may not discriminate against an
individual in making a real estate-related transaction available or in the terms or conditions of a
real estate-related transaction because of race, color, religion, sex, disability, age, familial status,
national origin, or status with respect to marriage or public assistance.A residential realestate-related transaction is the selling, brokering, or appraising of residential real property or the
making or purchasing of loans or the provision of other financial assistance to purchase,
construct, improve, repair, maintain a dwelling, or to secure residential real estate. Nothing in
this section prohibits a person engaged in the business of furnishing appraisals of real property to
take into consideration factors other than race, color, religion, sex, disability, age, familial status,
national origin, or status with respect to marriage.14-02.5-08. Brokerage services. A person may not deny an individual access to, ormembership or participation in, a multiple-listing service, real estate brokers' organization, or
other service, organization, or facility relating to the business of selling or renting dwellings, or
discriminate against an individual in the terms or conditions of access, membership, or
participation in the organization, service, or facility because of race, color, religion, sex, disability,
age, familial status, national origin, or status with respect to marriage or public assistance.14-02.5-09. Sales and rentals exempted.1.Sections 14-02.5-02 through 14-02.5-08 do not apply to the sale or rental of a
single-family house sold or rented by the owner if the owner does not own more than
three single-family houses at any one time or own any interest in, nor is there ownedPage No. 3or reserved on the person's behalf, under any express or voluntary agreement, title
to or any right to any part of the proceeds from the sale or rental of more than three
single-family houses at any one time. In addition, the house must be sold or rented
without the use of the sales or rental facilities or services of a licensed real estate
broker, agent, or realtor, or of a person in the business of selling or renting dwellings,
or of an employee or agent of any such broker, agent, realtor, or person; or the
publication, posting, or mailing of a notice, statement, or advertisement prohibited by
section 14-02.5-03. The exemption provided in this subsection applies only to one
sale or rental in a twenty-four-month period, if the owner was not the most recent
resident of the house at the time of the sale or rental. For the purposes of this
subsection, a person is in the business of selling or renting dwellings if the person:a.Within the preceding twelve months, has participated as principal in three or
more transactions involving the sale or rental of any dwelling or any interest in a
dwelling;b.Within the preceding twelve months, has participated as agent, other than in
the sale of the person's own personal residence, in providing sales or rental
facilities or sales or rental services in two or more transactions involving the
sale or rental of any dwelling or any interest in a dwelling; orc.Is the owner of any dwelling designed or intended for occupancy by, or
occupied by, five or more families.2.Section 14-02.5-02 and sections 14-02.5-04 through 14-02.5-08 do not apply to the
sale or rental of the rooms or units in a dwelling containing living quarters occupied
by or intended to be occupied by not more than four families living independently of
each other, if the owner maintains and occupies one of the living quarters as the
owner's residence.14-02.5-10. Religious organization, private club, and appraisal exemption.1.This chapter does not prohibit a religious organization, association, or society or a
nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society from limiting the
sale, rental, or occupancy of dwellings that it owns or operates for other than a
commercial purpose to individuals of the same religion or giving preference to
persons of the same religion, unless membership in the religion is restricted
because of race, color, or national origin.2.This chapter does not prohibit a private club that is not in fact open to the public and
that, as an incident to its primary purpose, provides lodging that it owns or operates
for other than a commercial purpose from limiting the rental or occupancy of the
lodging to its members or from giving preference to its members, unless
membership in the club is restricted because of race, color, or national origin.3.This chapter does not prohibit a person engaged in the business of furnishing
appraisals of real property from considering in those appraisals factors other than
race, color, religion, sex, disability, age, familial status, national origin, or status with
respect to marriage or public assistance.14-02.5-11. Housing for elderly exempted.1.The provisions of this chapter relating to familial status and age do not apply to
housing that the secretary of housing and urban development determines is
specifically designed and operated to assist elderly individuals under a federal
program; the department determines is specifically designed and operated to assist
elderly individuals under a state program; is intended for, and solely occupied by,
individuals sixty-two years of age or older; or is intended and operated for occupancyPage No. 4by at least one individual fifty-five years of age or older for each unit as determined
by department rules. In determining whether housing qualifies as housing for elderly
because it is intended and operated for occupancy by at least one individual fifty-five
years of age or older for each unit, the department shall adopt rules that require at
least the following factors:a.That at least eighty percent of the units are occupied by at least one individual
fifty-five years of age or older per unit; andb.The publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
individuals fifty-five years of age or older.2.Housing may not be considered to be in violation of the requirements for housing for
elderly under this section by reason of:a.Individuals residing in the housing as of October 1, 1999, who do not meet the
age requirements of this section, provided that new occupants of the housing
meet the age requirements; orb.Unoccupied units, provided that the units are reserved for occupancy by
individuals who meet the age requirements of this section.14-02.5-12. Effect on other law.1.This chapter does not affect a reasonable local or state restriction on the maximum
number of occupants permitted to occupy a dwelling or a restriction relating to health
or safety standards.2.This chapter does not affect a requirement of nondiscrimination in any other state or
federal law.14-02.5-13. Duties and powers of department.1.The department shall administer this chapter.The department may adopt rulesnecessary to implement this chapter, but substantive rules adopted by the
department must impose obligations, rights, and remedies that are the same as are
provided in federal fair housing regulations.2.For the purpose of thoroughly investigating a complaint, the department may require
the attendance of a witness and the production of a book, record, document, data, or
other object at any hearing or with reference to any matter the department has the
authority to investigate. If under this subsection a witness fails or refuses to appear
or to produce, the department may issue a subpoena to compel the witness to
appear or a subpoena duces tecum to compel the witness to appear and produce a
relevant book, record, document, data, or other object.3.If a person refuses to obey a subpoena, the district court, upon application by the
department, may issue to the person an order requiring that person appear and give
evidence or otherwise produce documentary evidence requested by the department
regarding the matter under investigation.4.A witness who is subpoenaed under this section and who appears at a hearing or
whose deposition is taken is entitled to receive the same fees and mileage as a
witness in a civil case in district court.5.Within the limits of legislative appropriations, the department shall foster prevention
of discrimination under this chapter through education for the public, landlords,Page No. 5publishers, realtors, brokers, lenders, and sellers on the rights and responsibilities
provided under this chapter and ways to respect those protected rights.6.The department shall emphasize conciliation to resolve complaints.14-02.5-14. Complaints. As provided by sections 14-02.5-18 through 14-02.5-35, thedepartment shall receive, investigate, seek to conciliate, and act on complaints alleging violations
of this chapter.14-02.5-15.Reports and studies.The department shall publish in even-numberedyears a written report recommending legislative or other action to carry out the purposes of this
chapter. The department shall make studies relating to the nature and extent of discriminatory
housing practices in this state.14-02.5-16. Cooperation with other entities. The department shall cooperate with andmay provide technical and other assistance to federal, state, local, and other public or private
entities that are designing or operating programs to prevent or eliminate discriminatory housing
practices.14-02.5-17. Gifts and grants - Fair housing fund - Continuing appropriation. Thedepartment may accept grants from the federal government for administering this chapter.
Grants received must be deposited to the credit of the fair housing fund in the state treasury.
Moneys deposited to the credit of the fund are appropriated to the department on a continuing
basis for the purposes of administering this chapter.14-02.5-18. Complaint.1.The department shall investigate complaints of alleged discriminatory housing
practices. An aggrieved person may file a complaint with the department alleging
the discriminatory housing practice.The department may file a complaint.Acomplaint must be in writing and must contain such information and be in such form
as prescribed by the department. A complaint must be filed on or before the first
anniversary of the date the alleged discriminatory housing practice occurs or
terminates, whichever is later. A complaint may be amended at any time.2.On the filing of a complaint, the department shall give the aggrieved person notice
that the complaint has been received, advise the aggrieved person of the time limits
and choice of forums under this chapter, and not later than the tenth day after the
date of the filing of the complaint or the identification of an additional or substitute
respondent under section 14-02.5-21, serve on each respondent a notice identifying
the alleged discriminatory housing practice and advising the respondent of the
procedural rights and obligations of a respondent under this chapter and a copy of
the original complaint.14-02.5-19. Answer.1.Not later than the tenth day after the date of receipt of the notice and copy of the
complaint under subsection 2 of section 14-02.5-18, a respondent may file an
answer to the complaint. An answer must be in writing, under oath, and in the form
prescribed by the department.2.An answer may be amended at any time.An answer does not inhibit theinvestigation of a complaint.14-02.5-20. Investigation.1.If the federal government has referred a complaint to the department or has deferred
jurisdiction over the subject matter of the complaint to the department, the
department shall investigate the allegations set forth in the complaint.Page No. 62.The department shall investigate all complaints and, except as provided by
subsection 3, shall complete an investigation not later than the hundredth day after
the date the complaint is filed or, if it is impracticable to complete the investigation
within the hundred-day period, shall dispose of all administrative proceedings related
to the investigation not later than the first anniversary after the date the complaint is
filed.3.If the department is unable to complete an investigation within the time periods
prescribed by subsection 2, the department shall notify the complainant and the
respondent in writing of the reasons for the delay.14-02.5-21. Additional or substitute respondent. The department may join a personnot named in the complaint as an additional or substitute respondent if during the investigation
the department determines that the person is alleged to be engaged, to have engaged, or to be
about to engage in the discriminatory housing practice upon which the complaint is based. In
addition to the information required in the notice under subsection 2 of section 14-02.5-18, the
department shall include in a notice to a respondent joined under this section the reasons for the
determination that the person is properly joined as a respondent.14-02.5-22. Conciliation. The department shall, during the period beginning with thefiling of a complaint and ending with the filing of a charge or a dismissal by the department, to the
extent feasible, engage in conciliation with respect to the complaint. A conciliation agreement
between a respondent and the complainant is subject to departmental approval. A conciliation
agreement may provide for binding arbitration or another method of dispute resolution. Dispute
resolution that results from a conciliation agreement may authorize appropriate relief, including
monetary relief.14-02.5-23. Temporary or preliminary relief. The department may authorize a claimfor relief for temporary or preliminary relief pending the final disposition of a complaint, if the
department concludes after the filing of the complaint that prompt judicial action is necessary to
carry out the purposes of this chapter. On receipt of the department's authorization, the attorney
general shall promptly file the claim.A temporary restraining order or other order grantingpreliminary or temporary relief under this section is governed by the applicable statutes and the
North Dakota Rules of Civil Procedure. The filing of a claim for relief under this section does not
affect the initiation or continuation of administrative proceedings under section 14-02.5-31.14-02.5-24. Investigative report. The department shall prepare a final investigativereport, including the names of and dates of contacts with witnesses, a summary of
correspondence and other contacts with the aggrieved person and the respondent showing the
dates of the correspondence and contacts, a summary description of other pertinent records, a
summary of witness statements, and answers to interrogatories. A final report under this section
may be amended if additional evidence is discovered.14-02.5-25. Reasonable cause determination.1.The department shall determine from the facts whether reasonable cause exists to
believe that a discriminatory housing practice has occurred or is about to occur. The
department shall make this determination not later than the one-hundredth day after
the date a complaint is filed unless making the determination is impracticable, or the
department approves a conciliation agreement relating to the complaint.2.If making the determination within the period is impracticable, the department shall
give in writing to the complainant and the respondent the reasons for the delay. If
the department determines that reasonable cause exists to believe that a
discriminatory housing practice has occurred or is about to occur, the department
shall, except as provided by section 14-02.5-27, immediately issue a charge on
behalf of the aggrieved person.14-02.5-26. Charge.Page No. 71.A charge issued under section 14-02.5-25 must consist of a short and plain
statement of the facts on which the department finds reasonable cause to believe
that a discriminatory housing practice has occurred or is about to occur, must be
based on the final investigative report, and is not limited to the facts or grounds
alleged in the complaint.2.Within three days after issuing a charge, the department shall send a copy of the
charge with information about the election under section 14-02.5-30 to each
respondent and each aggrieved person on whose behalf the complaint was filed.3.The department shall include with a charge sent to a respondent a notice of the
opportunity for a hearing under section 14-02.5-31.14-02.5-27. Land use law. If the department determines that the matter involves thelegality of a state or local zoning or other land use law or ordinance, the department may not
issue a charge and shall immediately refer the matter to the attorney general for appropriate
action.14-02.5-28. Dismissal. If the department determines that no reasonable cause exists tobelieve that a discriminatory housing practice that is the subject of a complaint has occurred or is
about to occur, the department shall promptly dismiss the complaint. The department shall make
public disclosure of each dismissal.14-02.5-29. Pending civil trial. The department may not issue a charge alleging adiscriminatory housing practice after the beginning of the trial of a civil action commenced by the
aggrieved party under federal or state law seeking relief with respect to that discriminatory
housing practice.14-02.5-30. Election of judicial determination. A complainant, a respondent, or anaggrieved person on whose behalf a complaint was filed may elect to have the claims asserted in
the charge decided in a civil action as provided by section 14-02.5-36. The election must be
made not later than the twentieth day after the date the person having the election receives
service under subsection 2 of section 14-02.5-26 or, in the case of the department, not later than
the twentieth day after the date the charge is issued. The person making the election shall give
notice to the department and to all other complainants and respondents to whom the charge
relates.14-02.5-31. Administrative hearing.1.If a timely election is not made under section 14-02.5-30, the department shall
provide for a hearing on the charge. The attorney general, at the request of and on
behalf of the department, may participate in and advocate in favor of the
department's finding of probable cause. The aggrieved person may be represented
by private counsel. Except as provided in this section, chapter 28-32 governs a
hearing and an appeal of a hearing. A hearing under this section on an alleged
discriminatory housing practice may not continue after the beginning of the trial of a
claim for relief commenced by the aggrieved person under federal or state law
seeking relief with respect to the discriminatory housing practice.2.If a claim filed by an aggrieved person proceeds to a hearing, the aggrieved person
is a party in the hearing. Neither the department nor the attorney general represents
an aggrieved person at a hearing under this chapter. The attorney general, at the
request of and on behalf of the department, may participate in the hearing and
advocate in favor of the department's finding of probable cause.The aggrievedperson may be represented by private counsel in any action or proceeding under
this chapter.Page No. 83.If a claim filed by the department proceeds to a hearing, the department is a party in
the hearing.The attorney general represents the department in any action orproceeding under this chapter.14-02.5-32. Administrative penalties.1.If the department determines at a hearing under section 14-02.5-31 that a
respondent has engaged in or is about to engage in a discriminatory housing
practice, the department may order the appropriate relief, including actual damages,
reasonable attorney's fees, court costs, and other injunctive or equitable relief.2.To vindicate the public's interest, the department may assess a civil penalty against
the respondent in an amount that does not exceed:a.Eleven thousand dollars if the respondent has been found by order of the
department or a court to have committed a prior discriminatory housing
practice; orb.Except as provided by subsection 3, twenty-seven thousand dollars if the
respondent has been found by order of the department or a court to have
committed one other discriminatory housing practice during the five-year period
ending on the date of the filing of the charges and fifty-five thousand dollars if
the respondent has been found by the department or a court to have committed
two or more discriminatory housing practices during the seven-year period
ending on the date of filing of the charge.3.If the acts constituting the discriminatory housing practice that is the object of the
charge are committed by the same individual who has previously been found to
have committed acts constituting a discriminatory housing practice, the civil
penalties in subdivision b of subsection 2 may be imposed without regard to the
period of time within which any other discriminatory housing practice occurred.4.At the request of the department, the attorney general shall sue to recover a civil
penalty due under this section. Funds collected under this section must be paid to
the state treasurer for deposit in the general fund.14-02.5-33.Effect of departmental order.A departmental order under section14-02.5-32 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.14-02.5-34. Licensed or regulated business. If the department issues an order withrespect to a discriminatory housing practice that occurs in the course of a business subject to a
licensing or regulation by a governmental agency, the department, not later than the thirtieth day
after the date the order is issued, shall send copies of the findings and the order to the
governmental agency and recommend to the governmental agency appropriate disciplinary
action.14-02.5-35. Order in preceding five years. If the department issues an order against arespondent against whom another order was issued within the preceding five years under section
14-02.5-33, the department shall send a copy of each order to the attorney general.14-02.5-36. Attorney general action for enforcement. If a timely election is madeunder section 14-02.5-30, the department shall authorize and the attorney general shall file not
later than the thirtieth day after the date of the election a claim for relief seeking relief for the
benefit of the aggrieved person in a district court.In any action for enforcement under thissection, the attorney general represents the department. Venue for an action is in the county in
which the alleged discriminatory housing practice occurred or is about to occur. An aggrieved
person may intervene in the action. If the court finds that a discriminatory housing practice hasPage No. 9occurred or is about to occur, the court may grant as relief any relief that a court may grant in a
civil action under sections 14-02.5-39 through 14-02.5-44. If monetary relief is sought for the
benefit of an aggrieved person who does not intervene in the civil action, the court may not award
the monetary relief if that aggrieved person has not complied with discovery orders entered by
the court.14-02.5-37. Pattern or practice case - Penalties.1.On the request of the department, the attorney general may file a claim for relief in
district court for appropriate relief if the department has reasonable cause to believe
that a person is engaged in a pattern or practice of resistance to the full enjoyment
of a right granted under this chapter or a person has been denied a right granted by
this chapter and that denial raises an issue of general public importance.2.In an action under this section, the court may award preventive relief, including a
permanent or temporary injunction, restraining order, or other order against the
person responsible for a violation of this chapter as necessary to assure the full
enjoyment of the rights granted by this chapter; award other appropriate relief,
including monetary damages, reasonable attorney's fees, and court costs; and to
vindicate the public interest, assess a civil penalty against the respondent in an
amount that does not exceed fifty thousand dollars for a first violation and one
hundred thousand dollars for a second or subsequent violation.3.A person may intervene in an action under this section if the person is a person
aggrieved by the discriminatory housing practice or a party to a conciliation
agreement concerning the discriminatory housing practice.14-02.5-38. Subpoena enforcement. The attorney general, on behalf of the departmentor another party at whose request a subpoena is issued under this chapter, may enforce the
subpoena in appropriate proceedings in district court.14-02.5-39. Civil action.1.An aggrieved person may file a civil action in district court not later than the second
year after the date of the occurrence or the termination of an alleged discriminatory
housing practice or the breach of a conciliation agreement entered under this
chapter, whichever occurs last, to obtain appropriate relief with respect to the
discriminatory housing practice or breach.2.The two-year period does not include any time during which an administrative
hearing under this chapter is pending with respect to a complaint or charge under
this chapter based on the discriminatory housing practice. This subsection does not
apply to actions arising from the breach of a conciliation agreement.3.An aggrieved person may file a claim for relief whether a complaint has been filed
under section 14-02.5-18 and without regard to the status of any complaint filed
under that section.4.If the department has obtained a conciliation agreement with the consent of an
aggrieved person, the aggrieved person may not file a claim for relief with respect to
the alleged discriminatory housing practice that forms the basis of the complaint
except to enforce the terms of the agreement.5.An aggrieved person may not file a claim for relief with respect to an alleged
discriminatory housing practice that forms the basis of a charge issued by the
department if the department has begun a hearing on the record under this chapter
with respect to the charge.Page No. 1014-02.5-40.Court-appointed attorney.On application by a person alleging adiscriminatory housing practice or by a person against whom a discriminatory housing practice is
alleged, the court may appoint an attorney for the person.14-02.5-41. Relief granted. If the court finds that a discriminatory housing practice hasoccurred or is about to occur, the court may award to the plaintiff actual and punitive damages,
reasonable attorney's fees, court costs, and subject to section 14-02.5-42, a permanent or
temporary injunction, temporary restraining order, or other order, including an order enjoining the
defendant from engaging in the practice or ordering appropriate affirmative action.14-02.5-42. Effect of relief granted. Relief granted under sections 14-02.5-39 through14-02.5-44 does not affect a contract, sale, encumbrance, or lease that is consummated before
the granting of the relief and involves a bona fide purchaser, encumbrancer, or tenant who did
not have actual notice of the filing of a complaint or civil action under this chapter.14-02.5-43.Intervention by attorney general.On request of the department, theattorney general may intervene in an action under sections 14-02.5-39 through 14-02.5-44 if the
department certifies that the case is of general public importance. The attorney general may
obtain the same relief as is available to the attorney general under subsection 2 of section
14-02.5-37.14-02.5-44. Prevailing party. A court in an action brought under this chapter or thedepartment 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.14-02.5-45. Intimidation or interference - Penalty.1.A person commits an offense if the person, without regard to whether the person is
acting under color of law, by force or threat of force, intentionally intimidates or
interferes with an individual:a.Because of the individual's race, color, religion, sex, disability, age, familial
status, national origin, or status with respect to marriage or public assistance
and because the individual is or has been selling, purchasing, renting,
financing, occupying, or contracting or negotiating for the sale, purchase, rental,
financing, or occupation of any dwelling or applying for or participating in a
service, organization, or facility relating to the business of selling or renting
dwellings; orb.Because the individual is or has been or to intimidate the individual from
participating, without discrimination because of race, color, religion, sex,
disability, age, familial status, national origin, or status with respect to marriage
or public assistance, in an activity, service, organization, or facility described by
subdivision a; affording another individual opportunity or protection to so
participate; or lawfully aiding or encouraging other individuals to participate,
without discrimination because of race, color, religion, sex, disability, age,
familial status, national origin, or status with respect to marriage or public
assistance, in an activity, service, organization, or facility described in
subdivision a.2.It is a discriminatory practice to coerce, intimidate, threaten, or interfere with any
individual in the exercise or enjoyment of, or on account of the individual having
exercised or enjoyed, or on account of the individual having aided or encouraged
any other individual in the exercise or enjoyment of, any right granted or protected
by this chapter.3.An offense under subsection 1 of this section is a class A misdemeanor.Page No. 1114-02.5-46.Records exempt.A complaint filed with the department under section14-02.5-18 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 maydisclose 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.Page No. 12Document Outlinechapter 14-02.5 housing discrimination