North Dakota Statewide Rule
North Dakota Bans Local Rent Control
Key Facts
- Local rent control
- Banned (state-preempted)
- Statewide rent cap
- None
- Preemption statute
- N.D. Cent. Code 47-16-02.1
- Cities with rent control
- None
Summary
North Dakota expressly preempts local rent control. N.D. Cent. Code 47-16-02.1 bars any political subdivision from enacting, maintaining, or enforcing an ordinance or resolution that controls the rent charged for private residential or commercial property. There is no statewide rent cap, and no North Dakota city has rent control.
A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. This section does not impair the right of a political subdivision to manage and control residential property in which the political subdivision has a fee title interest.
Full Breakdown
N.D. Cent. Code 47-16-02.1, titled "Rent controls - Prohibited," provides that "A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property." The statute carves out only property in which the political subdivision itself holds a fee title interest, which it may still manage and control. This is a clear statewide preemption of municipal rent control over private rentals. North Dakota imposes no statewide cap on rent or rent increases, so for private property a landlord may raise rent by any amount at lease renewal, subject only to the notice required to end or change a periodic tenancy. Because no city may enact rent control, none in North Dakota does.
Violations & Penalties
Any city or county ordinance limiting rent on private property violates N.D. Cent. Code 47-16-02.1 and is beyond the political subdivision's powers, so a court could strike it down. The statute sets no fine because a preempted measure simply has no legal effect.
Frequently Asked Questions
Is rent control legal in North Dakota?
Can a city in North Dakota pass its own rent control?
Is there a limit on how much rent can increase in North Dakota?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.