Questions and Answers on:
F a i r H o u s i n g
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The purpose of the fair housing laws is to protect a
person’s right to own, sell, purchase, or rent housing of his or her choice
without fear of unlawful discrimination.
The fair housing laws are intended to allow everyone equal access to
housing. State and Federal fair ho=
using
laws prohibit discrimination in the housing market on the basis of <=
b>race, color, sex, religion, national origin, handicap, or familial sta=
tus. To discrimina=
te
against a person on the basis of his or her membership in one of these prot=
ected
categories is against the law.
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This pamphlet will focus primarily on the fair housing =
laws
as they are applied in the State of North Carolina.
Q: Do the fair housing laws apply to all housing transactions?
A: Yes, except for the following limited exemptions:
<=
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color:#47EA00;mso-font-width:80%'>• The rental of a unit in a multi-family dwelling with not
more than four units where the owner (or a member of the owner’s family) li=
ves
in one of the units
<=
span
style=3D'font-family:Garamond-Light;mso-bidi-font-family:Garamond-Light;
color:#47EA00;mso-font-width:80%'>• The rental of a room or rooms in a private house where =
the
owner (or a member of the owner’s family) lives in the house
<=
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color:#47EA00;letter-spacing:-.1pt;mso-font-width:80%'>• <=
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color:#47EA00;letter-spacing:-.1pt;mso-font-width:80%'>• <=
span
style=3D'font-family:Garamond-Light;mso-bidi-font-family:Garamond-Light;
color:#47EA00;letter-spacing:-.1pt;mso-font-width:80%'>• ‑sex dormitories
Discriminatory Practices
Q: What are some common unlawful acts of discrimination?
A: Refusi=
ng
to sell, rent or negotiate — It is against the=
law
to take any of the following actions because a person is a member of one of=
the
protected categories:
• • • • • • • Steering — Discouraging a person from seeking housing in a particu=
lar
community, neighborhood, or development because the person is or is not a
member of a protected category. For
example, a real estate agent shows a black person housing in predominately
black neighborhoods and a white person housing in predominately white neigh=
borhoods. =
Interference, coercion, or intimidation — Trying to limit the benefits of renting or buying
housing in an area because the person is a member of one of the protected
categories. This includes trying to coerce, threaten, intimidate, retaliate
against, or interfere in any way with the use and enjoyment of housing. =
=
Discriminatory advertising — Advertising or making any statement which indicates
directly or indirectly an intent to make a limitation, specification, or to
discriminate with respect to members of one of the protected categories. =
Blockbusting (also referred to as panic peddling) — Trying, in a di=
rect
or subtle way, to scare a person into moving out of a neighborhood by
representing that a person from one of the protected categories is consider=
ing
or is in fact moving into the neighborhood. For example, stating that the
neighborhood would decline or that the crime rate would increase if members=
of
a protected category moved into the neighborhood would be unlawful. Redlining — Being denied or subjected to stricter
conditions in applying for a loan on property in a particular area because =
of
the racial composition of the area, including loans to purchase, construct,
improve, repair, or maintain housing. Q: Can a person other than the seller or landlord be guilty of violating =
the
fair housing laws? A: Yes. Anyone involv=
ed in
the real estate transaction who discriminates based on a protected category=
has
violated the fair housing laws. For
example, a local banker informs a real estate agent that if the agent allows
anyone else with kids to move into the neighborhood, the bank will not do
business with the agent or the agent’s customers. Q: Does an owner have to rent or sell to a person just because he or she =
is
in a protected category? A: No.
Owners may rent or sell to whomever they choose as long as their
decisions are not based on the fact that a would&#=
8209;be tenant or buyer is a member of a protected
category. If someone from a protec=
ted
category becomes a tenant, the owner may hold that tenant to the same stand=
ard
of performance and behavior as everyone else. Q: Can landlords protect themselves from complaints of discrimination when
they reject someone from a protected category? A: Yes. A
landlord should have detailed standards for deciding who is acceptable as a
tenant and who is not. However, th=
ese
standards may not be based upon a prospective tenant’s membership in a
protected category. Such standards=
are
particularly important in decisions to reject a tenant applicant because of
poor credit, and to place would‑be tenants on a “waiting list.” The landlord should then apply these
standards equally to every tenant applicant.
If a waiting list is used, the landlord must make sure that every
applicant who is told that his or her name will be placed on the list is in=
deed
put there and that, as an applicant’s name comes up, the applicant is notif=
ied
of this fact. Handicap Q: What conditions are considered handicaps under the fair housi=
ng
laws? A: A handicapping
condition exists if someone has a physical or mental impairment which substantially limits one=
or
more major life activities. Some
examples are: physical disability,
mental illness or retardation, cerebral palsy, muscular dystrophy, cancer,
heart disease, Human Immunodeficiency Virus (HIV) infection or AIDS, drug
addiction (other than addiction caused by current, illegal use of a control=
led
substance) and alcoholism. However=
, a
landlord does not have to rent to anyone, including a handicapped person, w=
ho
would constitute a genuine, direct threat to the health or safety of other
tenants or whose tenancy would result in substantial physical damage to the
property of others. Q: Does a landlord have to allow a handicapped person to make modificatio=
ns
to a rental unit? A: Yes. A landlord must allow a handicapped person to make reasonable modifications to the existing premises as neces=
sary
for the full enjoyment of the premises, such as widening doorways, installi=
ng
handrails, and installing wheelchair ramps.
However, the handicapped person is responsible for the cost of the
modifications. A landlord may condition permission to make modificatio=
ns
on the tenant’s agreeing to restore the interior The lan=
dlord
may also withhold permission until seeing a description of the proposed
modifications which provides reasonable assurance that the modifications wi=
ll
be done in a workmanlike manner. [=
Note:
All multifamily dwellings covered by the fair housing laws and ready for fi=
rst
occupancy after March 13, 1991, have to be designed and constructed so that
few, if any, modifications will be necessary.] Q: Can a landlord charge a higher security deposit to a handicapped person
who makes modifications to a rental unit? A: No.
However, if the nature of the modifications is such as would interfe=
re
with the next tenant’s use and enjoyment of the property, and correction of=
the
modifications would be especially costly, the landlord may, as part of a
restoration agreement between the landlord and tenant, require the tenant to
pay into an interest‑bear=
ing
escrow account a reasonable amount to cover restoration costs. The tenant would be entitled to any int=
erest
which accrues on the escrow account. Q: Does a landlord have to make other accommodations for a handicapped
tenant? A: Yes. A landlord mu=
st
make reasonable accommodations in rules, policies, practices, or
services as necessary to afford a handicapped person equal opportunity to u=
se
and enjoy a housing unit, including public and common use areas; for exampl=
e,
allowing a visually‑impa=
ired
tenant to have an aid dog in a community where no pets are allowed, and
allowing a tenant with a serious heart condition to have a reserved parking
space close to the tenant’s apartment. Q: If a landlord has available units which are equipped for the handicapp=
ed,
does a handicapped person have to take one of those units? A: No. A landlord can
advise a handicapped person of the availability of specially equipped units,
but the handicapped person must be allowed to choose from any of the units =
which
are available. Familial Status Q: Can persons with children be denied housing on that basis? A: No. The fair hous=
ing
laws protect a person who (1) has a child under the age of 18, (2) has legal
custody of a child, (3) is designa=
ted by
the parent to care for a child (provided that the designee has written
permission from the parent), (4) is pregnant, or (5) is in the process of
obtaining legal custody of a child.
However, the fair housing laws do not protect persons denied housing
because they are single, married, or living with someone. Q: Are “adults only” communities allowed? A: No,
unless they qualify for one of the two exemptions which allow for
adults-only housing for elderly persons.
[Note: There are numerous requirem=
ents
which must be met to qualify for these exemptions. Contact the North Carolina Human Relations Commission for further details.] If a housing complex qualifies for the e=
lderly
person exemption, then it may discriminate based on familial status only.
Q: Can an owner or agent segregate families with children from other tena=
nts?
A: No. A
member of a protected category may not be assigned to a particular section =
of a
community, neighborhood or development, or to a particular floor of a build=
ing,
because of being a member of a particular category.
Q: Can a landlord or agent limit the number of child=
ren
allowed in a bedroom, or prohibit the sharing of bedrooms by children of the
opposite sex?
A: No. Although a landlord may set “occupancy
standards” for the number of people
[Note: The fair housing laws do not limit the applicability of any
reasonable local, State, or Federal restrictions regarding the maximum numb=
er
of persons permitted to occupy a housing unit.]
Real Estate Agents =
and
Fair Housing
Q: May a real estate agent discriminate at the direction of the owner?
A: No. Even if a real
estate agent has no discriminatory intent, the agent is in violation of the
fair housing laws when discriminating against persons from one of the prote=
cted
categories at the direction of the owner or lessor. Likewise, an agent is in violation if h=
e or
she knows that members of protected categories may be unlawfully rejected by
the owner or lessor.
Q: What should a real estate agent do if he or she finds out that the sel=
ler
or landlord intends to discriminate against a member of a protected categor=
y?
A: The ag=
ent
should immediately terminate the agency relationship with the seller or
landlord. The agent should then send a letter to t=
he
seller or landlord stating that the relationship has been terminated and
explaining why. Next, the agent sh=
ould
inform any other agents or other parties to the transaction that he or she =
no
longer represents the seller or landlord.
Q: Can a real estate agent decline to show property in a particular area
because members of a protected category reside in that area?
A: No. This
is steering, even if the buyer requests it. The real estate agent should inform the=
buyer
that he or she can show property based on any of the buyer’s other criteria,
but not the presence or absence in the area of members of a protected categ=
ory.
Q: Is a real estate brokerage firm in violation of the fair housing laws =
if
one of its employees or agents unlawfully discriminates?
A: Yes.
Q: Can a real estate agent answer questions about the characteristics of a
neighborhood if the questions concern one of the protected categories?
A: No.
Q: Is it a violation of the fair housing laws to deny an agent who is a
member of a protected category access to real estate related services?
A: Yes. It is a viola=
tion
of the fair housing laws to deny a qualified real estate agent access to or
membership in any membership listing service, real estate brokers’ organiza=
tion
or other service, organization, or facility relating to the business of sel=
ling
or renting housing, because he or she is a member of one of the protected
categories.
Q: Can a violation of the fair housing law affect a real estate agent’s
license?
A: Yes. A violation o=
f the
fair housing laws is a violation of the North Carolina Real Estate License =
Law;
therefore, it could result in suspension or revocation of the agent’s licen=
se
by the North Carolina Real Estate Commission.
Enforcement of the
Fair Housing Laws
Q: What should I do if I suspect that I or someone else has experienced
unlawful discrimination in a housing transaction?
A: You may file a
complaint or notify the North Carolina Human
Relations Commission (NCHRC), 116 W. Jo=
nes
St., Suite 2109, Raleigh, N.C. 27601.
(Phone: 919/807‑4420). However=
, the complaint must be filed within one year after the alleged violation
occurred. The
North Carolina Human Relations Commission will be glad to answer any questi=
ons
you may have.
Q: What happens after I file a complaint?
A: The NCHRC will
investigate to determine whether unlawful discrimination has occurred.
If it
has, the NCHRC will attempt to eliminate or correct the discriminatory prac=
tice
by informal conference, persuasion, or conciliation. If it is unable to resolve the matter:<=
span
style=3D'mso-spacerun:yes'> (1) you may request a right‑to‑sue letter so that =
you
may file a civil lawsuit; (2) the NCHRC may file a lawsuit for you; or (3) =
if
neither of the two previous options is taken, an administrative hearing may
take place where a final decision on the matter will be made. If the NCHRC fails to find that
discrimination has taken place, it will dismiss the complaint and issue a r=
ight‑to‑sue letter.
Of course, you have the right to file a civil suit, at =
your
expense, at any time based on a violation of the fair housing laws without
filing a complaint with the NCHRC.
<=
span
style=3D'font-family:Garamond-Bold;mso-bidi-font-family:Garamond-Bold;mso-f=
ont-width:
80%'>The North Carolina Real Estate Commission
<=
span
style=3D'font-family:Garamond-Bold;mso-bidi-font-family:Garamond-Bold;mso-f=
ont-width:
80%'>P.O. Box 17100
<=
span
style=3D'font-family:Garamond-Bold;mso-bidi-font-family:Garamond-Bold;mso-f=
ont-width:
80%'>Raleigh, North Carolina 27619=
-7100
<=
span
style=3D'font-family:Garamond-Bold;mso-bidi-font-family:Garamond-Bold;mso-f=
ont-width:
80%'>919/875-3700
<=
span
style=3D'font-family:Garamond-Bold;mso-bidi-font-family:Garamond-Bold;mso-f=
ont-width:
80%'>Web Site: www.ncrec.gov
<=
span
style=3D'font-size:8.0pt;line-height:120%;font-family:Garamond-LightItalic;
mso-bidi-font-family:Garamond-LightItalic;mso-font-width:80%'>00,000 copies=
of
this public document were printed at a cost of $0.000 per copy. =
REC 3.30 6/1/=
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