[{"_1":2,"_124":-5,"_125":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,112],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6363092,"mediaKeyId","2166730-dee85f61719b4e7678d97778afacc1c6","parentId",2166730,"title","Bill to cap rental late fees at 8% of rent draws mixed testimony","audioSeconds",1900,"startMs",5230000,"endMs",7130000,"viewUrl","/Search/View?dp=1&key=2166730-dee85f61719b4e7678d97778afacc1c6&start=5230&end=7130","thumbnailUrl","https://assets.pipeline.soar.com/2166730-dee85f61719b4e7678d97778afacc1c6/thumbnail_5230000.jpg","articleUrl","/articles/6363092/North-Dakota/Bill-to-cap-rental-late-fees-at-8-of-rent-draws-mixed-testimony","mediaUrl","https://secure.pipeline.soar.com/6363092-935f3c3dc6f06ae74caf20892e739fa1/orig.mp4?Expires=1777203957&Signature=NQ-03DtZ0nARf-roN7bjIn0ZUJHRiaglj6UTqre3gsjaHN1KbRg6~uEdYejfMMJKTR51QVJCs45d24QRdk8V8B161fOTjLCqlpKhKCIj-Rd~lOebHNsyZT60sOUYl9-~hLvcr4z6wfK245qsPNPcR3-yuUKAVzfzVzL~P82obM5QyPCSDIG-kgp~T9lyAHOeDRPNgcYdmq-6wi5460PDq8AP-I5OC5-MARnuJbidtpIGoab6P2lFpW9lp5ihPjtAkO50uBclDWTs9Yzl9Gr9c88vPB5ytrE5a5OlMZYwMnMcAVxrTSY22ZXb0AhoLqyA2LrB7~Xtq7rXYnez6QPJkA__&Key-Pair-Id=KUT5TJCACFTXG","author","Senate Industry and Business, ND","date","2025-01-29T00:00:00Z","article","Senator Ryan Brownberger told the committee Senate Bill 2236 proposes an 8% cap on late fees for rent for a single monthly period — the sponsor described the proposal as a compromise that would permit landlords to collect reasonable late-payment charges while preventing compounded or excessive fees.

\"This basically will address issues regarding compounded fees,\" Brownberger said. \"We thought 8% was a good compromise in between the two.\" He said the cap applies per monthly period and that landlords could still assess multiple fees in a month so long as the total for that month did not exceed 8% of rent.

Supporters included Cody Schuler of the ACLU and an online witness from High Plains Fair Housing Center. High Plains provided an audit of leases showing wide disparities in late-fee amounts — examples in testimony ranged from $10 to $100 plus recurring weekly charges in the groups' database — and argued that cumulative late fees can push cost-burdened renters into eviction and create long-term barriers to obtaining housing.

Opponents included the North Dakota Apartment Association, which said late fees are a contractual term set in the lease and that landlords face variable, real-world costs (mortgages, insurance, utilities, vendor invoices and payroll) that justify flexible fee structures. The association's lobbyist said typical standardized leases in North Dakota already specify an order of application for payments and noted the industry generally does not treat late fees as a revenue stream but as a deterrent to late payment.

Committee members and witnesses discussed overlaps with other bills heard in the same sequence (priority-of-payment and oversight bills) and asked about enforcement, grandfathering of existing leases and potential unintended consequences, including higher rents or different accounting practices.

The committee heard multiple experts and advocates on both sides of the issue and then closed the hearing; no committee vote on SB 2236 was recorded during the session.","mediaType","Video","parentTitle","Senate Industry and Business Jan 29, 2025\t","oneSentenceSummary","Senate Bill 2236 would cap rental late fees at 8% of the monthly rent, sponsor Ryan Brownberger told the Senate Industry and Business Committee; supporters said the cap would prevent fee “snowballing” while landlords warned it would constrain normal accounting and business practices.","taxTitle","Industry and Business, Senate, Legislative, North Dakota","taxId",28906,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6363096,"Bill would require landlords to apply partial tenant payments to rent first, supporters say it would prevent evictions",2918,2247000,5165000,"/Search/View?dp=1&key=2166730-dee85f61719b4e7678d97778afacc1c6&start=2247&end=5165","https://assets.pipeline.soar.com/2166730-dee85f61719b4e7678d97778afacc1c6/thumbnail_2247000.jpg","/articles/6363096/North-Dakota/Bill-would-require-landlords-to-apply-partial-tenant-payments-to-rent-first-supporters-say-it-would-prevent-evictions","https://secure.pipeline.soar.com/6363096-0f6d1878e2584857f6dd2c98871d85b3/orig.mp4?Expires=1777203957&Signature=lSJPfwskABIv6J8dOPJ~JSMU-1LE3hrubxYsJ-TImmefuKgDehTu9gx35ulv~4xHwqVt9wzXKAjykkoCS6uXlU~SqhcLvGhAS9nAzdvXCUggnqJ17nb9FlAwB9beK~xQGaj~P0lidsRE2JsPyZ4hefovcOYYsJr4uJtrh4R-zW3062SBculXgY1NzfixMINV1PIAzcclxpQ2kH7tA2XGojFgv1JdSn47A3O8ELqgpRprLu7kz68QzOySTSDgizJIR39u496496FsyWEKm6GgIWZvojEbxr0Ywxg-nbUTXW046hOvX6StKlieOuHBeDJ-KBsLqOeK4-oFVIjwSfGIiQ__&Key-Pair-Id=KUT5TJCACFTXG","Senator Ryan Brownberger (District 10) told the committee Senate Bill 2235 proposes a straightforward change to North Dakota Century Code section 47-16-20: when a tenant's payment is insufficient to cover all outstanding charges, the payment must be applied to rent first unless the tenant specifies otherwise.

\"It focuses on improving clarity and fairness in rental agreements, particularly addressing the application payments under such contracts,\" Brownberger said. He framed the bill as consumer-protection aimed at preventing inadvertent evictions and said it responds to constituent concerns in a district with many renters.

Cody Schuler of the American Civil Liberties Union of North Dakota testified in support, citing an intake case from a housing provider: a tenant who paid what he believed to be sufficient rent later received a three-day eviction notice because his payments had been applied to late fees instead of to rent. Schuler told the committee that in 2022, eviction proceedings in North Dakota showed nearly all landlords had legal representation while tenants rarely did, leaving tenants without an affordable avenue to challenge accounting practices in court.

A High Plains Fair Housing Center specialist (testifying online) told the committee their audits show payments sometimes are applied first to fees rather than rent, producing a cycle of compounding late fees that disproportionately affects seniors, people with disabilities and households on public assistance.

The North Dakota Apartment Association opposed SB 2235, saying landlords need flexibility to apply payments toward security deposits, repair charges or utility bills that can revert to the owner; its lobbyist argued that priority-of-payment language is typically in the lease and that landlords rely on those accounting rules to recover nonrent charges.

Committee members asked about the bill's interaction with existing leases and whether older agreements would be grandfathered; witnesses and the sponsor said that requires legal review and might be addressed by amendment. Multiple witnesses said the bill is one piece of a larger housing policy conversation that also includes late-fee caps and supportive services.

No committee vote was recorded on SB 2235 during the hearing; the committee closed the hearing after testimony and questions.","Senate Bill 2235 would require landlords to apply a tenant's partial payment to outstanding rent first unless the tenant specifies otherwise, sponsor Ryan Brownberger told the Senate Industry and Business Committee.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6363101,"Committee advances bill to standardize HOA and condo disclosures for buyers",1404,669000,2073000,"/Search/View?dp=1&key=2166730-dee85f61719b4e7678d97778afacc1c6&start=669&end=2073","https://assets.pipeline.soar.com/2166730-dee85f61719b4e7678d97778afacc1c6/thumbnail_669000.jpg","/articles/6363101/North-Dakota/Committee-advances-bill-to-standardize-HOA-and-condo-disclosures-for-buyers","https://secure.pipeline.soar.com/6363101-814a79330ea2a631aed13852f3c9d1a1/orig.mp4?Expires=1777203957&Signature=TeFP0hjGDqXVybVx-W1SWcJeFwjvUGTddTILK0rQEpxWy1Am6aavLQeXuDZhGnbxKCmC51HaA2zWM8co6ylsS1wh9fiInqLMlKbIgLvoCzRDZWZyfBlInwXdL~pQoUZAeyliTRkIXxuZEO1Cbr5WWEx2xTcYtflZkjirCLKL0duGy0m1G3enfalUWrUic1PWX6IrSSdRbBOVgBrLOLPeb0OLTF7Sto2okMPBHjGaLB9YOQWLKZ52pOkzdlf9dtrVoaBmMLucsdBAZIqHVAZfEUyzMapsbbI27PtT96DX2BQtZLG7ogLH9jY-mkAJJeVM7~OS0zrjjaLDnzBr6KWrtg__&Key-Pair-Id=KUT5TJCACFTXG","Senator Josh Bauschade (District 44) told the Senate Industry and Business Committee he introduced Senate Bill 2229 at the request of the North Dakota Association of Realtors to create a standardized disclosure process for homeowners and condominium associations.

\"The legislation is intended to provide guidance to homeowners associations and condo associations throughout the state on the documents commonly required to ensure smooth transfer of real property in an established HOA or condo development,\" Bauschade told the committee. He said the bill was prepared by an NDAR task force with input from the Community Association Institute and other stakeholders.

Under the bill as described to the committee, the statute would: establish definitions; require that, absent a buyer and seller agreement to a different timeline, the documents listed in subsection 2 be provided to a buyer within 10 days of the purchase agreement being executed; list roughly 15 documents and policies commonly requested by lenders and buyers; require documents to be current within the last 90 days (applying primarily to financial statements and insurance renewals); allow associations to charge a \"reasonable fee\" for producing the package, but require disclosure of that fee; and create a default contingency in favor of a buyer when the association does not provide required documentation or discloses a document does not exist.

Bauschade and testimony from Desiree Nieder, vice president of the North Dakota Association of Realtors, emphasized that documentation such as bylaws and an insurance certificate are typically static and should be straightforward to provide. Nieder gave examples of recurring problems the bill aims to prevent: buyers closing only to learn later of leasing rules that prohibit short-term rentals, rules added outside recorded covenants that forbid pets despite the bylaws, or unexpected move-in fees discovered after closing. Nieder said those undisclosed items can leave buyers with difficult choices and unexpected costs.

Jill Beck, CEO of the North Dakota Association of Realtors, told the committee the organization consulted bankers and land-title stakeholders while developing the proposal.

Senators asked practical questions about enforcement and scope. Senator Klein said lenders now scrutinize condominium and HOA finances more closely following high-profile structural failures elsewhere and described a case where additional scrutiny caused a buyer to walk away from a March sale; the property did not close until November and the seller lost about $13,000 in equity. Senator Kessel asked how the bill would affect owner-to-owner transfers not handled by a realtor; Nieder compared the requirement to existing property-condition disclosures, saying consumer-to-consumer transfers would still be covered under the law and the association would need to respond when asked for documents.

Senator Klein moved for a due-pass recommendation on Senate Bill 2229; Vice Chairman Behm seconded the motion. The clerk called the roll and senators recorded \"Aye.\" The chair announced a due-pass recommendation and named a carrier for the bill.

Supporters said the bill aims to be non-burdensome, relying on documents many associations already hold and recommending education and outreach to small associations; the North Dakota Association of Realtors offered to update its disclosure forms and to partner with bankers, title companies, Community Association Institute and others to provide training.

Opposition testimony was not recorded in the hearing. Committee members closed the hearing after receiving testimony from association representatives and the bill sponsor.

","Senate Bill 2229, introduced by Senator Josh Bauschade and requested by the North Dakota Association of Realtors, would require homeowners associations and condominium associations to provide a standardized set of documents to prospective buyers and to sellers on request, with default timelines and limited fees.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6363087,"Sponsor proposes Labor Department oversight of landlord-tenant disputes; department warns of legal and staffing problems",1090,7745000,8835000,"/Search/View?dp=1&key=2166730-dee85f61719b4e7678d97778afacc1c6&start=7745&end=8835","https://assets.pipeline.soar.com/2166730-dee85f61719b4e7678d97778afacc1c6/thumbnail_7745000.jpg","/articles/6363087/North-Dakota/Sponsor-proposes-Labor-Department-oversight-of-landlord-tenant-disputes-department-warns-of-legal-and-staffing-problems","https://secure.pipeline.soar.com/6363087-eb88d6b65ac079b897f8dbff05a924bd/orig.mp4?Expires=1777203957&Signature=c03uRoMB1X4HB52HoEhbkm9xl4cQvCtdzhHNq5lDNQAo-iT2uuBpmvAffU5Gmj5LjcDuRzVEIJCxULxZB8MaeJY4aWy6IKd6kYBZ6anaVNPrEerFmj6g7Zfkyec8NEEe~KJNV7e5~9OKDG-rVDmdiRAVEz0BrNMbqsv4QX-KOsBiEoSh1hSJ64C~HFABxpxmJDjiiCvx5dI~RkZJkPopmZxX~o277FV-C09XjDI0bbEYK6R5PDJHxN-qKqTF08tJ88c7XRNzwy9Wf3HNgEpAAHDQXxX84ORdJV8Ee8d5cKqiPh3ZtalmI0fGp57sDkoC4SRN5N3vAX-mtve6jFkfiQ__&Key-Pair-Id=KUT5TJCACFTXG","Senator Ryan Brownberger told the committee Senate Bill 2237 would empower the North Dakota Department of Labor and Human Rights to receive and investigate tenant complaints about landlord compliance with certain provisions of the North Dakota Century Code and to pursue disciplinary measures where warranted.

\"This bill seeks to strengthen tenant protections and streamline the resolution of the landlord tenant dispute,\" Brownberger said. He acknowledged the Labor Department raised concerns about additional workload and said he was willing to work with the commissioner on amendments to address staffing or procedural issues.

Cody Schuler of the ACLU supported the bill and described real-world cases where tenants had limited recourse outside court. Schuler recounted an intake where a family that vacated due to an inability to pay was threatened with disposal of personal property before the 28-day storage period required under state law; legal-aid organizations told the family they were too overloaded to take the case. Schuler said the shortage of affordable legal assistance means tenants frequently lack a practical enforcement mechanism.

The North Dakota Apartment Association opposed the bill, arguing eviction and rental disputes are civil matters traditionally handled in court; the association's lobbyist said judges already assess statutory compliance during eviction proceedings.

Zachary Greenberg, interim commissioner of the Department of Labor and Human Rights, testified that the department has jurisdictional, legal and administrative concerns. He told the committee that disciplinary actions are typically tied to licensing structures and that the department does not license all landlords, which raises a legal problem about what entity could be disciplined. Greenberg also said the bill would create a substantial new workload and that his fiscal estimate for adding compliance investigators and support staff was likely conservative; he warned of conflicting orders if both the department and courts issued differing determinations in the same matter.

Greenberg requested the committee not advance SB 2237 in its present form and suggested alternative approaches or amendments to address jurisdiction, enforcement mechanism, and funding for additional administrative responsibilities.

The committee closed the hearing after hearing from sponsor, advocates, industry groups and the Department of Labor and Human Rights.","Senate Bill 2237 would authorize the North Dakota Department of Labor and Human Rights to receive complaints and investigate alleged violations of landlord-tenant statutory requirements, sponsor Ryan Brownberger told the committee; the department warned the proposal raises jurisdictional and resourcing problems.",{"_33":113,"_35":36,"_37":38,"_39":114,"_41":115,"_43":116,"_45":117,"_47":118,"_49":119,"_51":120,"_53":121,"_55":56,"_57":58,"_59":122,"_61":62,"_63":64,"_65":123,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6363106,"Committee gives due-pass recommendation to elevator-inspection bill",213,423000,636000,"/Search/View?dp=1&key=2166730-dee85f61719b4e7678d97778afacc1c6&start=423&end=636","https://assets.pipeline.soar.com/2166730-dee85f61719b4e7678d97778afacc1c6/thumbnail_423000.jpg","/articles/6363106/North-Dakota/Committee-gives-due-pass-recommendation-to-elevator-inspection-bill","https://secure.pipeline.soar.com/6363106-61e966187e66ca68429069e0f53c0fe4/orig.mp4?Expires=1777203957&Signature=OyL6vdVPgXQVqB86wJfcCq9m7x6qCa9lTYnBShpUbk8N1Swb1sCJ0zZdYVP~rHn-mCjAH0z7CJHQ~ChBUX-wP2uVSHHxSxQE4JNUaed6qGn5iyUYnLnLtDqrSEZtkGeqwwJabkoPCwH0Na~-wczfSofnsqGTW8PHLA5GFQqJuyxg-45pm~qkWWJpcyvVSHvEdcnzlacGfzMrDPySjlL~UM-XSKs0-aYd9-YDVkCz1-jQpOrU8X3SH0XigVpZL267U7tENGpE2cGNuQDmD6DLZcqhhrjuuNhDGmpBcnUpP2-FZo48OGfLEFFeemDkkbS2ynM9810atS7rpjSBD20~zg__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Committee on Industry and Business voted a due-pass recommendation for Senate Bill 2336 after a brief discussion about inspection frequency and cost.

Committee members said the bill will move the state toward a regulatory framework for elevator safety and inspection. Senator Behm said he had discussed whether the statute should require inspections every other year but favored leaving the schedule to the Board: “I'm kind of going the way of letting the Board do it. As long as that's a decision that will be made.”

Senator Klein expressed uncertainty about how much inspections will cost and said the rules-writing process will determine details: “We don't know what those costs might be. We don't know how often they're gonna be able to do that.” He added the state is late to adopt oversight: “I think it's time. We are one of the last states in the union to do something and I would move for a due pass in Senate Bill 2336.”

The committee recorded a due-pass motion offered by Senator Cline and seconded by Senator Kessel. The clerk then called the roll; senators recorded their votes as \"Aye.\" The chair announced a due-pass recommendation on Senate Bill 2336 and named Senator Kessel as carrier.

The committee did not finalize statutory inspection intervals on the floor; members indicated those details will be resolved during rulemaking and by the Board designated in the bill.

The committee promptly opened a subsequent hearing on a different bill after the vote.","The Senate Industry and Business Committee voted a due-pass recommendation for Senate Bill 2336, which would require regular elevator inspections; committee members said they favored letting the Board set inspection frequency but acknowledged inspection costs and regulatory details remain to be written in rulemaking.","actionData","errors"]

Article not found

Bill to cap rental late fees at 8% of rent draws mixed testimony

Bill would require landlords to apply partial tenant payments to rent first, supporters say it would prevent evictions

Committee advances bill to standardize HOA and condo disclosures for buyers

Sponsor proposes Labor Department oversight of landlord-tenant disputes; department warns of legal and staffing problems

Committee gives due-pass recommendation to elevator-inspection bill