Short answer: North Dakota Section 8 rules include a protection many renters never hear about. The state Housing Discrimination Act, N.D.C.C. § 14-02.5-02, bars refusing to rent because of “status with respect to marriage or public assistance,” and the related definition in § 14-02.4-02 covers “a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.” Small landlords are exempt, but for most apartment buildings the text reaches voucher holders.
That puts North Dakota in an unusual spot for a rural plains state: its statute protects public assistance status, without a separate “source of income” label. This guide explains how far the protection goes, who runs vouchers in Fargo and elsewhere, and what federal rules apply.
North Dakota Section 8 rules: summary table
| Rule | North Dakota | Statute |
|---|---|---|
| Refusing a tenant on public assistance | Prohibited, including advertising a preference | N.D.C.C. § 14-02.5-02, -03 |
| Does “public assistance” include rental subsidies? | The definition covers tenants receiving rental assistance or rent supplements | N.D.C.C. § 14-02.4-02 |
| Exemptions | Certain owners of three or fewer single-family houses; owner-occupied buildings of up to four units | N.D.C.C. § 14-02.5-09 |
| Rent share with a voucher | Greatest of 30% of adjusted income, 10% of gross, and other figures | 24 CFR 5.628 |
| Evicting a voucher tenant | Good cause plus a court case | 24 CFR 982.310 |
How the public assistance protection works
Section 14-02.5-02(1) says a person “may not refuse to sell or rent,” refuse to negotiate, or otherwise deny a dwelling because of race, color, religion, sex, disability, age, familial status, national origin, “or status with respect to marriage or public assistance.” Subsection (2) extends that to the terms and conditions of a rental, so a landlord cannot charge you a bigger deposit or impose stricter rules because you receive assistance.
The housing chapter does not define public assistance itself. Instead, § 14-02.5-01 says the definitions in § 14-02.4-02 “may be used to supplement” it, and that section defines the status as being a recipient of federal, state or local assistance, “or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.” A Housing Choice Voucher is a federal rental subsidy, so on the statute’s plain text a covered landlord should not refuse you because of it.
Whether a landlord can still reject a voucher for program-related reasons, such as declining to sign the housing authority’s contract, is not spelled out in the statute. If that happens to you, file a complaint and let the department sort out the facts.
Who is exempt
Under § 14-02.5-09, the rules do not apply to a single-family house rented by an owner who owns no more than three such houses, subject to conditions such as not using a broker or discriminatory advertising. They also do not apply to rooms or units in a building with living quarters for no more than four families when the owner lives in one of them. A Bismarck landlord renting out half of the duplex he lives in is exempt; a 40-unit complex in West Fargo is not.
Where to complain
The chapter is enforced by the department of labor and human rights, which § 14-02.5-01 names as “the department,” and complaints are filed under § 14-02.5-18. Bring copies of listings, texts and any rejection letter.
Voucher agencies in North Dakota
North Dakota has no statewide voucher list. The North Dakota Housing Finance Agency’s renter page sends voucher seekers to HUD’s directory of local public housing agencies, so apply to the agency serving the county where you want to live.
In the largest metro area, the Fargo Housing and Redevelopment Authority serves the Fargo-Moorhead-West Fargo community. It takes applications through the “Apply Now” page on its website, posts waitlist updates online, and answers questions at 701-293-6262. Bismarck, Grand Forks, Minot and many counties have their own agencies; look them up in the HUD directory linked from the state’s page.
Other state-linked rental help
The housing finance agency’s renter page lists two other programs. Moderate Rehabilitation provides HUD rental assistance in specific buildings in Devils Lake, Fargo and Grand Forks, where tenants generally pay 30% of adjusted monthly income. Opening Doors helps households with barriers such as poor credit or a criminal record get into housing, through referral from a participating care coordination agency.
Federal rules that ride with the voucher
Your payment is set by 24 CFR 5.628: the greatest of 30% of adjusted monthly income, 10% of gross monthly income, or a couple of other measures. Adjusted income reflects deductions under 24 CFR 5.611, including $480 per dependent and $525 for an elderly or disabled family.
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Your agency reexamines income at least yearly under 24 CFR 982.516, and the unit is inspected before move-in and at least every two years under 24 CFR 982.405, or every three years for small rural agencies. A voucher landlord needs a listed ground and a court action to evict you, under 24 CFR 982.310. For the state court side, see our North Dakota eviction process guide.
Example: a West Fargo rental application
Erin, who works at a clinic, receives her voucher from the Fargo Housing and Redevelopment Authority in September 2026. Her gross income is $2,000 a month, and her daughter’s $480 dependent deduction lowers that by $40 a month, to $1,960 adjusted. Thirty percent of $1,960 is $588, which beats 10% of gross ($200), so her total tenant payment is $588.
She applies to a 40-unit West Fargo complex. The leasing office says “we don’t take housing assistance.” Because the complex is far larger than the four-unit owner-occupied exemption in § 14-02.5-09, and her voucher is a rental subsidy under the § 14-02.4-02 definition, Erin saves the email and files a complaint with the department. Run your own numbers in our Section 8 rent calculator.
Applying: a short checklist
- Find your local public housing agency through the directory linked on the state housing finance agency’s renter page.
- Apply to each agency covering an area where you could live; in Fargo, use the online “Apply Now” page.
- Bring photo ID, Social Security numbers and birth certificates for each household member.
- Gather pay stubs, benefit award letters, child support records and bank statements.
- If you have rental barriers like old evictions or poor credit, ask a care coordination agency about an Opening Doors referral.
Need the basics? Read how Section 8 works.
Frequently Asked Questions
Is it illegal in North Dakota to refuse a Section 8 voucher?
For covered landlords, the statute’s text points that way. Section 14-02.5-02 bars refusing to rent based on public assistance status, and § 14-02.4-02 defines that status to include tenants receiving rental assistance. Small owner-occupied buildings and some single-family landlords are exempt.
Can a landlord advertise “no assistance” in North Dakota?
Section 14-02.5-03 prohibits notices or ads that state a preference or limitation based on the protected classes, which include public assistance status. Save a copy of any such ad.
Does a landlord who lives in a fourplex have to take my voucher?
No. Section 14-02.5-09 exempts rooms or units in a building for up to four families when the owner lives in one of them.
Where do I apply for a voucher in Fargo?
The Fargo Housing and Redevelopment Authority takes applications on its website and serves the Fargo-Moorhead-West Fargo community. Call 701-293-6262 to check the list’s status.
Are voucher deposits handled differently?
Under § 14-02.5-02(2) a landlord cannot impose worse rental terms because of public assistance status; otherwise the usual rules apply. See our North Dakota security deposit guide.
Your next step: look up the housing agency for your county through the state’s renter page, get on its list, and keep records of every landlord contact. Compare other states in our Section 8 rules by state hub. This is general information, not legal advice; for free legal help, use LSC’s legal aid finder.