# Title 75 — Department of Human Services

## Article 75-02 — Economic Assistance

## Chapter 75-02-12 — Housing Assistance

### § 75-02-12-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Department" means the North Dakota department of human services.
2. "Fraud" means deception or misrepresentation made by a person with knowledge that the
deception could result in some unauthorized housing assistance benefit to that person or
another and includes an act that constitutes fraud under applicable federal or state law.
3. "Household" means any individual or group of individuals, regardless of relationship, who are
living together as one economic unit which meets the identified eligibility criteria for housing
assistance.
4. "Housing provider" means an individual, partnership, association, corporation, or limited
liability company that leases housing units to individuals.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-02. Application for housing provider participation in the housing assistance

program.
The department shall approve or deny a housing provider's application within thirty days of receipt
of a complete housing provider's application. The department may declare an application withdrawn if
the housing provider fails to submit a complete housing provider's application within twenty-one days of
the department's notification to the household that the housing assistance application is incomplete. A
complete housing provider's application includes:
1. A completed and signed housing provider's application in the form and manner prescribed by
the department;
2. A signed agreement pursuant to section 75-02-12-05; and
3. Any information or documentation that has been requested by the department.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1

### § 75-02-12-03. Housing provider denials and revocations.

1. A housing provider's application to participate in the housing assistance program may be
denied if:
a. The housing provider is not the legal owner or property manager of the housing unit
listed in the household's housing assistance application;
b. The housing provider's application contains false or misleading material information or
the housing provider intentionally withheld material information;
c. The housing provider's participation in the housing assistance program has been
previously revoked;
d. The department determines there is a credible allegation of fraud;
e. The household's housing assistance application is denied or withdrawn;
f. The exhaustion of appropriated funds has occurred for the housing assistance program;
or
g. The housing assistance program has ended.
2. A housing provider's participation in the housing assistance program may be revoked:
a. For failure to comply with the terms and conditions of any signed agreements;
b. If it is discovered that a housing provider is not the legal owner or property manager of
the housing unit for which housing assistance is being issued;
c. If a housing provider is not applying all housing assistance payments to the oldest rental
and late fee arrears obligation first;
d. If the housing provider's participation approval was issued upon false or misleading
material information or the housing provider intentionally withheld material information;
e. If the department determines there is a credible allegation of fraud;
f. If the household's housing assistance is revoked;
g. If the exhaustion of appropriated funds has occurred for the housing assistance program;
or
h. If the housing assistance program has ended.
3. Housing assistance payment made directly to the housing provider may be denied if:
a. A revocation of the housing provider's participation approval in the housing assistance
program has occurred before the household's rent payment being due;
b. The housing provider fails to comply with the terms and conditions of any signed
agreements; or
c. The eligible household moves out of the housing unit.
4. The department may revoke all the housing provider's participation approvals pursuant to
subsection 2.
History: Effective April 1, 2022.

General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-04. Housing provider's appeals of denials and revocations.

A housing provider whose application to participate in or receive payment through the housing
assistance program is denied or revoked may appeal a decision to deny the completed housing
provider's application to participate in or receive payment or revocation. An appeal under this section
must be made in writing on a form developed and provided by the department within ten days of the
date of the department's notice of denial or revocation. A housing provider shall submit the written
request for an appeal and hearing under North Dakota Century Code chapter 28-32 to the appeals
supervisor for the department. A housing provider may not appeal a denial or revocation resulting from
an exhaustion of appropriated funds for the housing assistance program, the housing assistance
program ending, the submission of an invalid housing assistance payment request, or the housing
provider's application being considered withdrawn. The household and the housing provider are not
entitled to a housing assistance payment ten days after the issuance of a notice of revocation unless a
final decision has been made by the department that reverses the decision to revoke.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-05. Signed acknowledgment required.

A housing provider shall sign the acknowledgments contained in the housing provider application.
The signed acknowledgments are considered a signed agreement as referenced herein.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-06. Household eligibility for housing assistance.

The household is eligible for housing assistance if:
1. The household completes and submits a housing assistance application in the form and
manner prescribed by the department;
2. The household resides in North Dakota;
3. The household is at risk of eviction or experiencing housing instability;
4. The household has a written rental agreement with the housing provider or both parties self-
attest to a rental agreement;
5. The household has an annual income no greater than eighty percent of area median income
by household size by county;
6. The household's housing assistance application and housing provider's application does not
contain false or misleading material information, or the household or housing provider did not
intentionally withhold material information;
7. The exhaustion of appropriated funds has not occurred for the housing assistance program;
and
8. The housing assistance program has not ended.
History: Effective April 1, 2022.

General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-07. Approval of a household's housing assistance application and payment.

1. A notice of determination should be made no later than thirty days following the day that the
household submitted a completed housing assistance application. A complete housing
assistance application includes:
a. A completed and signed application in the form and manner prescribed by the
department pursuant to section 75-02-12-06; and
b. Any information or documentation that has been requested by the department.
2. Housing assistance payments shall be made directly to the housing provider unless:
a. The housing provider's application to participate in the housing assistance program is
denied;
b. The housing provider's participation in the housing assistance program is revoked before
the household's rent payment being due;
c. The housing provider fails to comply with the terms and conditions of any signed
agreements;
d. The housing provider refuses to participate in the program;
e. The housing provider refuses to receive payment; or
f. The eligible household moves out of the housing unit.
3. Housing assistance payments may be made directly to the household for the program
purposes of promoting housing stability if the housing assistance payments are not made
directly to the housing provider.
4. The department may declare a household's housing assistance application withdrawn if the
department does not receive a complete application within twenty-one days of the
department's notification to the household that the application is incomplete.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-08. Denial or revocation of housing assistance payment.

1. A notice of denial should be sent no later than thirty days following the day that the household
submitted a completed housing application. The department may deny the household's
housing assistance application if the household is not eligible pursuant to section 75-02-12-06.
2. The department shall notify the household that the housing assistance is revoked. The
department may revoke the household's housing assistance if the household no longer meets
the eligibility criteria under section 75-02-12-06.
3. The department shall inform the household requesting the housing assistance of the reason
for the denial or revocation and that the household may appeal the denial or revocation.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16

Law Implemented: NDCC 50-06-05.1
### § 75-02-12-09. Appeals of denials and revocation of eligibility for housing assistance.

A household that has requested housing assistance may appeal a decision to deny the completed
application or revocation of eligibility for assistance. An appeal under this section must be made in
writing on a form developed and provided by the department within ten days of the date of the notice
issued under section 75-02-12-08. A household shall submit the written request for an appeal and
hearing under North Dakota Century Code chapter 28-32 to the appeals supervisor for the department.
A household may not appeal a denial or revocation resulting from an exhaustion of appropriated funds
for the housing assistance program or the housing assistance program ending. The household and the
housing provider are not entitled to a housing assistance payment ten days after the issuance of a
notice of revocation unless a final decision has been made by the department that reverses the
decision to revoke.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
### § 75-02-12-10. Exceptions to eligibility rules considered.

A household may request an exception to the eligibility criteria. Exceptions will be considered with
regard to a household meeting the eligibility criteria. Exception requests will be reviewed on a case-by-
case basis. The department may deny a request for an exception and may revoke an exception granted
under this section. The decision to deny a request for an exception or to revoke an exception is not an
appealable decision.
History: Effective April 1, 2022.
General Authority: NDCC 50-06-16
Law Implemented: NDCC 50-06-05.1
