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HB 1395

A BILL for an Act to create and enact a new section to chapter 47-16 of the North Dakota Century Code, relating to landlords and criminal background checks.

69th Legislative Assembly (2025-26) Introduced by Josh Boschee and 6 co-sponsors

The bill requires landlords to prove a tenant’s background check was completed within 14 days of completion or refund the screening fees to the prospective tenant.

Second reading, failed to pass, yeas 15 nays 31
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Bill Summary · HB 1395

HB 1395 — Summary (North Dakota version)

Status: Second reading — failed to pass (yeas 15, nays 31). Introduced Nov. 19, 2024.
Primary sponsors (ND version): Reps. Hendrix, Ista, Finley‑DeVille, Heilman, Schneider; Sens. Boschee, Braunberger.

Purpose

To require landlords who condition tenancy on a background check (criminal, credit, or other) to provide prospective tenants with proof that the background check was completed — and to refund tenant-paid screening fees if the landlord fails to furnish that proof within a specified time.

Key provisions

  • Applicability: If a landlord requires a criminal, credit, or other background check as a prerequisite to executing a rental lease for real property.
  • Tenant request: A prospective tenant may request proof that the background check was completed.
  • Timing: Upon a prospective tenant’s request, the landlord must furnish proof of the completed background check within 14 days of the landlord’s receipt of the completed background check. (Earlier draft required furnishing within 7 days; amended to 14 days.)
  • Remedy for noncompliance: If the landlord fails to timely furnish the proof, the landlord must refund all fees paid by the prospective tenant to complete the background check in attempting to secure the lease.

Who is affected

  • Landlords and property managers who require screening as a condition of leasing.
  • Prospective tenants who are asked to pay for background or screening checks.
  • Background screening firms and third‑party screening services indirectly (due to timing and refund mechanics).
  • The provision does not alter what checks landlords may require; it governs disclosure and refund obligations tied to those checks.

Likely impacts

  • Consumer protection: Gives prospective tenants the right to obtain evidence that paid screening actually occurred and provides a monetary remedy if landlords do not provide that proof.
  • Administrative effect on landlords: Requires a process to produce and deliver proof of completed checks within 14 days or face refund obligations; could increase administrative tasks or prompt landlords to supply proof proactively.
  • Financial effect: Potential refunds to tenants if landlords do not comply; no state fiscal note for this ND provision is in the record. Any increased administrative or liability costs are likely borne by landlords and screening vendors.

Procedural history (selected)

  • Introduced Nov. 19, 2024; referred to Industry, Business and Labor Committee; committee substitute/amendments considered and reported.
  • Committee amendment changed the furnishing deadline (7 → 14 days) and clarified the tenant‑request requirement.
  • Reported to calendar; placed on General State Calendar.
  • Second reading on Mar. 28, 2025 — failed to pass (yeas 15, nays 31).

Note: Multiple versions of a bill numbered HB 1395 exist in other jurisdictions and on other topics; this summary addresses the North Dakota landlord/background‑check bill as reflected in the ND Century Code amendment drafts and committee reports.

Compiled from official sources — confirm details with the bill’s official record.

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