Title 14 — Domestic Relations and Persons

The department 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 continui…

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. A complaint must be in writing and must cont…

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.…

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. 2. The department shall investigate all co…

The department may join a person not 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 u…

The department shall, during the period beginning with the filing 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 an…

The department may authorize a claim for 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 r…

The department shall prepare a final investigative report, 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 desc…

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 fi…

1. 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…

If the department determines that the matter involves the legality 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.

If the department determines that no reasonable cause exists to believe 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…

The department may not issue a charge alleging a discriminatory 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.

A complainant, a respondent, or an aggrieved 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…

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.…

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, a…

A departmental order under section 14-02.5-32 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 th…

If the department issues an order with respect 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 se…

If the department issues an order against a respondent 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.

If a timely election is made under 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.…

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 grante…

The attorney general, on behalf of the department or another party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in district court.

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…

On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may appoint an attorney for the person.

If the court finds that a discriminatory housing practice has occurred 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, temporar…

Relief granted under sections 14-02.5-39 through 14-02.5-44 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 …

On request of the department, the attorney 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 ge…

A court in an action brought under this chapter or the department 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.

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, fa…

A complaint filed with the department under section 14-02.5-18 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 heari…

As used in this chapter: 1. "Partially born" means the living intact fetus's body, with the entire head attached, is delivered so that any of the following has occurred: a. The living intact fetus's entire head, in the case of a cephalic presentation, or any portion of the living…

1. Any person who intentionally causes the death of a living intact fetus while that living intact fetus is partially born is guilty of a class AA felony. A mother whose living intact fetus dies while partially born may not be prosecuted for a violation of this chapter or for con…

Section 14-02.6-02 does not prohibit a physician from taking measures that in the physician's medical judgment are necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury, if: 1. Every reasonable precaution is also taken, in this…

In this chapter: 1. "Amendment" means a modification or revocation of a premarital agreement or marital agreement. 2. "Marital agreement" means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the ma…

1. This chapter applies to a premarital agreement or marital agreement signed after July 31, 2013. 2. This chapter does not affect any right, obligation, or liability arising under a premarital agreement or marital agreement signed before August 1, 2013. 3. This chapter does not …

The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined: 1. By the law of the jurisdiction designated in the agreement if the jurisdiction has a significant relationship to the agreement or either party and the …

Principles of law and equity may not: 1. Supplement an agreement executed in accordance with this chapter; or 2. Be used to alter a material term in an agreement executed in accordance with this chapter.

A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration.

A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties.

If a marriage is determined to be void, a premarital agreement or marital agreement is enforceable to the extent necessary to avoid an inequitable result.

1. A premarital agreement or marital agreement is unenforceable if a party against whom enforcement is sought proves: a. The party's consent to the agreement was involuntary or the result of duress; b. The party did not have access to independent legal representation under subsec…

1. In this section, "parental rights and responsibilities" means all the rights and responsibilities a parent has concerning the parent's child. 2. A term in a premarital agreement or marital agreement is not enforceable to the extent that it: a. Adversely affects a child's right…

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement or marital agreement is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, …

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the notices desc…

The legislative assembly finds that there are an ever-increasing number of persons in this state who, having fulfilled a role as homemaker, find themselves "displaced" in their middle years through separation, divorce, death or disability of spouse, or other loss of support. As a…

1. "Department" means the department of public instruction. 2. "Displaced homemaker" means an individual who: a. Has worked in the individual's home providing unpaid services for household members; b. Has been or is unemployed or underemployed; c. Has had or will have difficulty …

The superintendent is authorized to enter into contracts with and make grants to nonprofit agencies or organizations to carry out the programs, as enumerated in sections 14-06.1-06, 14-06.1-07, 14-06.1-08, 14-06.1-09, and 14-06.1-10. Service centers must be designed and staffed a…

The superintendent shall explore all possible sources of funding and in-kind contributions from federal, state, local, and private sources in establishing displaced homemaker services.

The service centers shall have a job counseling program for displaced homemakers. Job counseling must be specifically designed for the person re-entering the job market after a number of years as a homemaker. The counseling shall take into account and build upon the skills and ex…

The service centers shall have job readiness training programs for displaced homemakers. The department may contract or enter into cooperative agreements, or both, with local, state, and federal government agencies, and private employers to develop training programs, or to utiliz…