Fair Housing Act Complaint - North Dakota

NORTH DAKOTA HOUSING DISCRIMINATION COMPLAINT

1. CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT

COUNTY OF [____________________], [____] JUDICIAL DISTRICT

Case No. [____________________]

COMPLAINT

(Jury Trial Demanded)

Plaintiff, for causes of action against Defendants, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], North Dakota, and an "aggrieved person" within the meaning of N.D.C.C. § 14-02.5-01.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue within the meaning of N.D.C.C. ch. 14-02.5.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of N.D.C.C. § 14-02.5-01.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this civil action under N.D. Const. art. VI, § 8 and N.D.C.C. § 14-02.5-39.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under N.D.C.C. § 14-02.5-36 and § 28-04-05 because the alleged discriminatory housing practice occurred in this County and/or the Property is located here.

3.4. Timeliness. This action is filed within two (2) years after the occurrence or termination of the alleged discriminatory housing practice (or breach of a conciliation agreement), as required by N.D.C.C. § 14-02.5-39, excluding any time during which an administrative hearing was pending.

4. FACTUAL ALLEGATIONS

4.1. North Dakota law, N.D.C.C. § 14-02.5-02, prohibits discrimination in the 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.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., status with respect to public assistance, disability (________), age, status with respect to marriage, familial status, race (________), national origin].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell or rent, after a bona fide offer, or refusal to negotiate, or otherwise making a dwelling unavailable (N.D.C.C. § 14-02.5-02(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 14-02.5-02(2))
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation (§ 14-02.5-03)
☐ Misrepresenting that a dwelling is unavailable for inspection, sale, or rental when it is in fact available (§ 14-02.5-04)
☐ Inducing or attempting to induce, for profit, sale or rental by neighborhood-composition representations (steering/blockbusting) (§ 14-02.5-05)
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (§ 14-02.5-06(3)(b))
☐ Refusal to permit a reasonable modification of the premises (disability) (§ 14-02.5-06(3)(a))
☐ Discrimination in a residential real-estate-related transaction / financing (§ 14-02.5-07)
☐ Adverse action against a tenant in a state housing program because the tenant is a victim of domestic violence, dating violence, sexual assault, or stalking (§ 14-02.5-02(3))
☐ Coercion, intimidation, threats, interference, or retaliation for exercising fair-housing rights
☐ Other state-protected-class discrimination (e.g., public assistance, marital status): [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of N.D.C.C. § 14-02.5-01 and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., emotional-support/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — NORTH DAKOTA HOUSING DISCRIMINATION (N.D.C.C. ch. 14-02.5)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by N.D.C.C. §§ 14-02.5-02 through 14-02.5-08 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact), in violation of North Dakota law.

5.4. Plaintiff is entitled to the relief authorized by N.D.C.C. § 14-02.5-41, including actual and punitive damages, injunctive relief, reasonable attorney's fees, and court costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under N.D.C.C. § 14-02.5-01 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of N.D.C.C. § 14-02.5-06(3) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with oppression, fraud, or malice, warranting punitive damages under N.D.C.C. § 14-02.5-41 and 42 U.S.C. § 3613(c)(1).

8.4. Civil penalties: as authorized by N.D.C.C. § 14-02.5-32 in administrative proceedings (up to $11,000 for a first violation, with higher tiers for repeat violators).

8.5. Attorney's fees and court costs: under N.D.C.C. § 14-02.5-41 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages;
• D. For a declaration that Defendants' conduct violated North Dakota and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For civil penalties as authorized by law;
• G. For reasonable attorney's fees and court costs;
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to N.D. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

STATE OF NORTH DAKOTA )

COUNTY OF [____________________ ] ) ss.

[PLAINTIFF NAME], being first duly sworn, deposes and says that he/she is the Plaintiff in the foregoing Complaint, that he/she has read the same and knows the contents thereof, and that the same is true of his/her own knowledge, except as to those matters stated on information and belief, and as to those matters he/she believes them to be true.

[____________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [__/__/____].

[____________________]

Notary Public

My commission expires: [__________]

12. SIGNATURE BLOCK

Dated this [__/__/____].

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], ND Bar/ID No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service per N.D. R. Civ. P. 4 / mail / electronic service via Odyssey eFile]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. NORTH DAKOTA PRACTICE NOTES

• Enforcing agency. The North Dakota Department of Labor and Human Rights administers and enforces N.D.C.C. ch. 14-02.5 (Housing Discrimination), investigating and conciliating complaints.
• Protected classes (broader than federal). N.D.C.C. § 14-02.5-02: race, color, religion, sex, disability, age, familial status, national origin, and status with respect to marriage (marital status) and status with respect to public assistance. The chapter also separately protects applicants/tenants in state housing programs who are victims of domestic violence, dating violence, sexual assault, or stalking (§ 14-02.5-02(3)).
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file an administrative complaint with the Department under § 14-02.5-18, OR file a civil action directly in district court under § 14-02.5-39 "whether [or not] a complaint has been filed" administratively. A court action is barred where the Department obtained a conciliation agreement with the aggrieved person's consent or began an on-the-record hearing on a charge (§ 14-02.5-39(4)-(5)).
• Limitations periods.
• State administrative complaint to the Department: 1 year from the occurrence or termination of the practice (N.D.C.C. § 14-02.5-18(1)).
• State civil action in district court: 2 years from the occurrence or termination of the practice (or breach of conciliation agreement), excluding time an administrative hearing was pending (N.D.C.C. § 14-02.5-39).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. A court may award actual and punitive damages, reasonable attorney's fees, court costs, and injunctive relief (§ 14-02.5-41). In administrative proceedings, the Department may assess civil penalties up to $11,000 (first violation) with higher tiers for repeat offenders (§ 14-02.5-32), plus actual damages, fees, and equitable relief.
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading only the state count to anchor in state court.

15. SOURCES AND REFERENCES

• N.D.C.C. ch. 14-02.5 (Housing Discrimination) — https://ndlegis.gov/cencode/t14c02-5.pdf
• N.D.C.C. § 14-02.5-02 (sale or rental) — https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-02-5-02/
• N.D.C.C. Title 14, ch. 14-02.5 (Justia) — https://law.justia.com/codes/north-dakota/title-14/chapter-14-02-5/
• North Dakota Department of Labor and Human Rights — Human Rights Protections in ND — https://www.nd.gov/labor/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in North Dakota must review and customize this document before filing. Verify all statutory citations and court rules before use.