North Dakota Section 8, Records & Right to Counsel
North Dakota rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. N.D.C.C. §§ 14-02.5-02, 14-02.5-03; § 14-02.4-02(19)
The rules in North Dakota
| Statewide ban on refusing Section 8 / source of income | Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general. Definition source: https://ndlegis.gov/cencode/t14c02-4.pdf. The ND Department of Labor and Human Rights enforces this law. |
|---|---|
| Eviction record sealing | By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant. Source: N.D.C.C. § 47-32-05 |
| Right to a lawyer in eviction | No statute. North Dakota has no statewide right to a lawyer in eviction cases. Absence confirmed in the eviction chapter only. |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
North Dakota vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| North Dakota | Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general. N.D.C.C. §§ 14-02.5-02, 14-02.5-03; § 14-02.4-02(19) | By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant. N.D.C.C. § 47-32-05 | No statute. North Dakota has no statewide right to a lawyer in eviction cases. N.D.C.C. ch. 47-32 (no counsel provision) |
| Minnesota | Yes. It is an unfair discriminatory practice to refuse to rent to, or discriminate in terms against, a person because of 'status with regard to public assistance.' That status includes being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements, such as Housing Choice vouchers. Minn. Stat. §§ 363A.09, subd. 1; 363A.03, subd. 47 | Yes (expungement). The court must expunge an eviction case without a motion if: the tenant won; the case was dismissed for any reason; the parties agreed; three years have passed since the eviction was ordered; or it is a qualifying foreclosure or contract-for-deed case. On the tenant's motion, the court must expunge if the case settled and the tenant met the settlement terms, or if the case was filed in violation of § 504B.285, subd. 1(b). The court may also expunge in its discretion when that is clearly in the interests of justice. A nonpayment complaint filed without the 14-day notice is dismissed and expunged. Minn. Stat. §§ 484.014, 504B.345, subd. 1(c), 504B.321, subd. 1(d) | Limited. Only tenants in HUD Section 9 public housing who face an eviction for breach of lease and cannot afford a lawyer have a right to court-appointed counsel. The first page of the complaint must include, in bold 12-point type: 'If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.' The court must offer appointed counsel at the first hearing. There is no general statewide right to counsel in nonpayment or other evictions. Minn. Stat. § 504B.268 (2023 c. 52, art. 19, § 89) |
| Montana | No. Montana's housing discrimination law covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin, but not source of income or housing vouchers. Mont. Code Ann. § 49-2-305 | No statute found providing for sealing or masking eviction court records. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) | No statewide right to counsel in eviction cases found. Mont. Code Ann. Title 70, Ch. 24 (no counsel provision) |
| South Dakota | No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. SDCL 20-13-20 | Not verified yet | No statewide right to counsel in eviction cases. SDCL Chapter 21-16 |
More North Dakota rental law
- North Dakota Security Deposit Law
- North Dakota Eviction Laws
- North Dakota Notice to Vacate Rules
- Landlord Entry Rules in North Dakota
- North Dakota Repairs & Tenant Remedies
- North Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in North Dakota
- Squatters' Rights in North Dakota
- North Dakota Rental Fee Rules
- North Dakota Mold, Pests, Heat & AC Rules
- North Dakota Privacy, Guests & Animal Rules
- North Dakota Landlord Selling the House
- North Dakota Lockouts, Utility Shutoffs & Retaliation
- North Dakota Subletting, Lease Endings & Tenant Death
- All North Dakota landlord-tenant rules
- Free legal help in North Dakota
Compare section 8, records & right to counsel in all 50 states and DC →
North Dakota Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in North Dakota?
Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general. (N.D.C.C. §§ 14-02.5-02, 14-02.5-03; § 14-02.4-02(19))
Can an eviction record be sealed or removed in North Dakota?
By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant. (N.D.C.C. § 47-32-05)
Do tenants have a right to a free lawyer in eviction cases in North Dakota?
No statute. North Dakota has no statewide right to a lawyer in eviction cases. (N.D.C.C. ch. 47-32 (no counsel provision))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.