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Fargo–Moorhead Housing Justice Report

Renters, Rights, and Indigenous Equity (2024–2025)

The Fargo–Moorhead region is facing a convergence of housing challenges in the summer 2024–2025 period. Rising rents and stagnant wages have squeezed low-income renters, while rates of homelessness and evictions have surged. In Fargo (ND) and Moorhead (MN), tenants navigate starkly different legal landscapes – North Dakota’s minimal tenant protections versus Minnesota’s expanding renter rights – creating a cross-river contrast in housing justice.

This report compiles data and stories on homelessness, criminalization of poverty, eviction trends, tenant rights, affordability gaps, racial and Indigenous disparities, and recent legal developments. It also provides insights, citations, and notes to inform public discussion and media coverage.

Key Takeaway: Addressing housing inequity in Fargo–Moorhead will require bridging policy gaps and centering the voices of those most impacted – from cost-burdened renters to Indigenous communities.

“Housing justice” in this context refers to fair and equitable access to safe, affordable housing, and the elimination of disparities and discrimination in housing.

Homelessness and Criminalization

Both Fargo and Moorhead have moved to criminalize unsheltered homelessness through new city ordinances, even as shelters operate at capacity. In September 2024, Fargo banned camping on public property, and by April 2025, prepared to enforce it, prompting urgent concern from shelter providers.

“We are seeing an uptick in numbers… upwards of two hundred to three hundred households in the community were actively in need of shelter, far exceeding the ‘not great surplus of beds’ available.”
— Pastor Devlyn Brooks, Churches United

City officials have justified the ordinances on public safety grounds, but advocates argue these solutions are punitive. There have been no arrests in Fargo's first month, likely because people dispersed. Yet dispersal often means moving to hidden areas, not resolving homelessness. With bans on both sides of the river, shelter providers admit, “we just don’t know what to expect.”

Disproportionate Racial Impact

Homelessness data reveals stark racial disparities. According to the North Dakota Continuum of Care, individuals who are Black or Indigenous are 11 times more likely to experience homelessness than whites in North Dakota. Indigenous people make up about 5% of ND’s population but 29% of those accessing homeless services, reflecting deep systemic inequities.

How will Fargo–Moorhead ensure that criminalizing homelessness doesn’t simply relocate the crisis? Will officials invest in housing-first solutions to match enforcement?

The "Eviction Epidemic"

Evictions in the Fargo area have skyrocketed as pandemic-era protections and assistance dried up. Data from Legal Services of North Dakota reveal an alarming trend in Cass County (Fargo).

Eviction Filings in Cass County, ND (Nov-Apr Periods)

Michelle Rydz of High Plains Fair Housing Center emphasizes how a single eviction creates a vicious cycle: “Once you have an eviction, many property managers won’t rent to you… then you’re in substandard housing.” In North Dakota, an eviction judgment becomes a lasting black mark with no legal mechanism for expungement.

An estimated 40% of Fargo’s homeless population experienced an eviction in the 18 months prior.

The financial toll is devastating, with immediate costs around $3,500 and long-term costs up to $30,000 over five years. Minnesota offers stronger protections, including a new 14-day notice requirement before filing and broader options for eviction expungement. This legal divide means Moorhead renters get breathing room while Fargo renters face a swift and unforgiving process.

A "Scarlet Letter": In a 2023 Fargo tenant survey, 22% of respondents said they had been denied housing due to tenant screening reports. Unlike credit reports, tenants often cannot easily fix or explain errors on these reports.

Should North Dakota consider eviction expungement or “second chance” rental laws, similar to Minnesota's 2023 reforms?

A Tale of Two States: Tenant Rights

The Red River marks a stark legal divide. North Dakota is a landlord-friendly state, while Minnesota enacted a wave of tenant-friendly laws in 2023-2024.

Key Differences: Fargo (ND) vs. Moorhead (MN)

  • Eviction Notice: Fargo tenants can receive a 3-day notice. Moorhead tenants now get a mandatory 14-day written notice for non-payment.
  • Eviction Expungement: North Dakota offers no path to seal eviction records. Minnesota law mandates automatic sealing for many cases after 3 years.
  • Fees: North Dakota has virtually no limits on late fees or other charges. Minnesota caps late fees at 8% of overdue rent and requires upfront disclosure of all non-optional fees.
  • Tenant Organizing: Minnesota law now explicitly protects tenants' rights to organize and form associations. North Dakota has no such protections, and collective action can be legally risky for tenants.
  • Repairs & Habitability: Minnesota provides stronger, more accessible remedies for forcing landlords to make repairs, including a low-cost rent escrow process. North Dakota's "repair and deduct" remedy is limited and harder to use.

Several renter-protection bills were proposed in the North Dakota 2023 legislative session but were all defeated, reportedly due to a powerful landlord lobby. This leaves Fargo tenants with far fewer protections than their neighbors just across the river.

Affordability: The Rent-Wage Gap

Housing affordability is a crisis for low-wage workers. North Dakota’s minimum wage is stuck at $7.25/hour, while Minnesota’s is $11.13/hour (as of Jan 2025). In both cities, this is not enough to afford average rents.

101
Hours/Week a Fargo Min. Wage Worker Needs to Afford a 2-BR Apt
~67
Hours/Week a Moorhead Min. Wage Worker Needs to Afford a 2-BR Apt

The result is that a large share of renters are cost-burdened (spending >30% of income on rent). Approximately 40% of North Dakota renter households fall into this category. The problem is worsened by a severe shortage of affordable units, with only 37 available for every 100 extremely low-income households in the state.

What would it take to bridge the rent–wage gap? Possibilities include raising North Dakota’s minimum wage, expanding rental assistance, or incentivizing development of deeply affordable units.

Indigenous Housing Equity and Tribal Inclusion

Indigenous people in Fargo–Moorhead face unique housing challenges that often fall through policy cracks. Fargo–Morhead is a regional hub for members of many tribal nations, yet tribal perspectives are often missing in local housing planning, creating a “consultation gap.”

Key Issues

  • Disproportionate Homelessness: Indigenous people are vastly overrepresented in local homeless populations, but culturally specific solutions like Indigenous-led shelters are scarce.
  • Lack of Consultation: Major regional housing plans often lack formal input from tribal governments or urban Indigenous organizations, leading to services that don't meet community needs.
  • Systemic Discrimination: Indigenous renters frequently face subtle and overt discrimination from landlords, compounding barriers to finding stable housing.
In North Dakota, an Indigenous person is about 2 times more likely to be a renter than a homeowner compared to their white counterparts, reflecting a deep, historical wealth gap rooted in housing access.

Advocates and some lawmakers are pushing for change. ND House Bill 1455, introduced in 2025, aimed to require tribal consultation on state legislation. Applying this principle locally—by inviting tribal housing authorities to planning sessions and funding culturally appropriate housing services—is a critical step toward housing justice.

How can regional housing efforts actively include Indigenous voices and needs? This requires intentional moves beyond tokenism to genuine partnership and resource allocation.