Building Codes & Habitability — North Dakota
Warranty of habitability, repair obligations, and city rental programs
State Habitability Standard
Minimum Habitability Requirements
- Structural safety: sound roof, walls, floors
- Working plumbing and hot water
- Adequate heat
- Working electrical systems
- Pest-free premises
- Smoke and carbon monoxide detectors
Repair Obligations & Tenant Remedies
North Dakota does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult North Dakota Century Code §§ 47-16-01 et seq. for current tenant remedies.
City-Level Rental Programs
Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.
Known North Dakota cities in our database: check major cities in North Dakota above for city-specific programs.
Governing Statute
North Dakota Century Code §§ 47-16-01 et seq.
Code Details — North Dakota
Relevant building code and habitability requirements from our corpus:
Building Codes — North Dakota (ND) Rental Housing
Building Codes — North Dakota (ND) Rental Housing Adopted code: North Dakota Building Code based on 2018 IBC; enforcement is local. Habitability statute: NDCC §47-16-13 (landlord's duties). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required on each floor and outside sleeping areas; landlord installs; battery or hardwired (NDCC §18-09-07). CO detectors: required in all residential units with fuel-burning appliances (NDCC §18-09-07.1). No repair-and-deduct right. Tenant remedy: terminate lease after 14-day notice and failure to repair essential services. Notable: North Dakota preempts local rent control. Fargo and Bismarck have local housing code enforcement. ND oil boom areas (Williston) have had acute housing shortages with limited code enforcement capacity.
Building Codes — South Dakota (SD) Rental Housing
Building Codes — South Dakota (SD) Rental Housing Adopted code: South Dakota State Building Code based on 2015 IBC; enforcement is local. Habitability statute: SDCL §43-32-8 (landlord's duty to maintain). Heating: Oct 1 through April 30; landlord must provide working heat; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (SDCL §34-32-1). CO detectors: not required statewide. No repair-and-deduct right. Tenant remedy: terminate lease after 5-day notice and failure to provide essential services; sue for damages. Notable: South Dakota preempts local rent control. Sioux Falls has local housing code enforcement. South Dakota has minimal residential landlord-tenant law compared to most states; courts rely heavily on common law.
City Building Codes — Washington, DC
City Building Codes — Washington, DC DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
City Building Codes — Denver, CO
City Building Codes — Denver, CO Denver Community Planning and Development (CPD) enforces Denver Building and Fire Code, based on 2021 IBC/IFC with Denver amendments. Denver Residential Rental License: all residential rental units in Denver require a license from CPD; fee per unit; first-time rental units require inspection. Denver Minimum Housing Standards: incorporates IPMC with Denver additions; specific standards for heating, ventilation, and lighting. Heating: Denver requires 68°F minimum in all habitable rooms (local ordinance). CO detectors: CO Rev. Stat. §38-12-102.5 requirement applies. Denver Just Cause Eviction: adopted 2023 — landlords must state a valid reason from enumerated list for eviction after 12 months of tenancy. Denver Fair Housing: Denver Human Rights and Community Partnerships enforces local fair housing ordinance including source-of-income discrimination prohibition (Section 8 tenants must not be refused). Unique: Denver Short-Term Rental (STR): registration required; limited to primary residence only.
Building Codes — Idaho (ID) Rental Housing
Building Codes — Idaho (ID) Rental Housing Adopted code: Idaho State Building Code based on 2018 IBC/IRC. Habitability statute: Idaho Code §55-2002 (Residential Landlord and Tenant Act). Heating: landlord must provide working heating equipment; no specific minimum temperature by state law. Smoke detectors: required on each floor and outside each sleeping area; landlord installs; battery or hardwired (Idaho Code §39-6603). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Idaho Code §39-6605). Repair-and-deduct: yes — after written notice and landlord failure within 3 days (emergency) or 30 days (non-emergency); cap is $300 or half month's rent. Notable: Boise has a local housing code enforcement program. Idaho preempts local rent control. No state income tax break specifically for rental income.
Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
Building Codes — New Hampshire (NH) Rental Housing
Building Codes — New Hampshire (NH) Rental Housing Adopted code: NH Building Code based on 2009 IBC (amendment cycles slower than most states). Habitability statute: RSA 540-A (landlord's access and duties); RSA 48-A (standards of repair and maintenance for residential buildings). Heating: Oct 1 through May 1; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (RSA 153:10-a). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RSA 153:10-b). No repair-and-deduct right by statute. Tenant remedy: sue in small claims court; local code enforcement. Notable: New Hampshire has relatively minimal residential landlord-tenant statute; reliance on common law. Manchester and Nashua have local housing code enforcement. NH preempts local rent control.
Building Codes — Indiana (IN) Rental Housing
Building Codes — Indiana (IN) Rental Housing Adopted code: Indiana Building Code based on 2014 IBC; enforcement primarily local. Habitability statute: IC 32-31-8 (landlord obligations under Indiana Code). Heating: landlord must supply heat; no specific minimum temperature in statute, but courts apply 68°F as habitability standard. Smoke detectors: required in each sleeping room and outside each sleeping area; landlord installs and maintains; battery or hardwired (IC 22-11-18). CO detectors: required in all new residential construction and in units with attached garages or fuel-burning appliances (IC 22-11-19.1). Repair-and-deduct: no statewide right. Tenant remedies: terminate lease after written notice and landlord failure to repair within 30 days; sue for damages. Notable: Indiana preempts local rent control. Indianapolis code enforcement enforces IPMC standards; rental registration not currently required citywide.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
City Building Codes — Seattle, WA
City Building Codes — Seattle, WA Seattle Department of Construction and Inspections (SDCI) enforces Seattle Building Code and Seattle Housing and Building Maintenance Code (HBMC). Seattle Rental Registration and Inspection Ordinance (RRIO): ALL rental units in Seattle must be registered; periodic physical inspections required (every 4-6 years depending on building type). Annual registration fee per unit. Heating: WA state requirement of 70°F applies; Seattle requires heat available from heat source within the unit (no central boiler serving multiple tenants without individual controls). CO detectors: RCW 43.44.110 requirement applies; SDCI enforces. Seattle Just Cause Eviction Ordinance: requires specific stated reason (from an enumerated list) for eviction. Tenant relocation assistance: landlords must pay 3 months rent as relocation assistance when displacing tenants for demolition, substantial rehabilitation, or change of use. Seattle Multifamily Housing Code: additional requirements for buildings 5+ units including fire sprinkler systems, accessibility, and green building standards (Seattle Green Building Standard requires most new multi-family to meet LEED or equivalent).
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