North Dakota Fair Housing Council v. Peterso

625 N.W.2d 551 (2001)

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Nature of the Case

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Facts

Robert Kippen and Patricia DePoe tried to rent a house from D. D refused because the couple was unmarried and seeking to unlawfully cohabit. They married a few months later. Kippen (P) and P sued D, alleging housing discrimination in violation of the North Dakota Human Rights Act. The trial court dismissed P’s claim for lack of standing. The court dismissed the claim by summary judgment with respect to Kippen (P). It reasoned that North Dakota public policy disfavored cohabitation, and, based on the North Dakota Human Rights Act and North Dakota's cohabitation statute, D was entitled to deny P housing. This appeal resulted.