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Fair Housing is the Law in North Carolina
By Evan Lewis, Esq.
Column #196; May 1, 2005
April was Fair Housing Month, celebrating the passage of the Civil Rights
Act of 1968. That landmark legislation, enacted in the aftermath of
the death of the Rev. Dr. Martin Luther King, Jr., sought to ensure
equal housing opportunity throughout our land. Unfortunately, we have
not achieved that goal, which remains important today.
"Fair housing" means that everyone may freely choose a place to live
without regard to race, color, religion, sex, national origin, handicap
or familial status. These rights are now guaranteed under both federal
and state law. Some cities and towns in North Carolina have passed local
laws that prohibit illegal housing discrimination.
Persons Protected
Fair housing laws protect persons who are discriminated against in their
housing choices due to a protected characteristic (race, color, religion,
sex, national origin, handicap or familial status). Also, these laws
protect tenants who are injured because of the discriminatory practices
against others based on race, color, religion, sex, national origin,
handicap or familial status. Therefore, for example, you may have the
right to file a fair housing complaint or lawsuit if your landlord doesn’t
like the race or religion of your visitors and tells you to move because
of these visitors.
"Familial status" includes persons who live with minor children and
pregnant persons. Certain elderly housing situations are exempt from
the requirement not to discriminate based on familial status.
Prohibited Practices
Fair housing laws prohibit actions that treat people differently in
residential housing-related matters based on a protected characteristic.
The exception to this rule is that persons engaged in real estate transactions
must accommodate the needs of the handicapped by making changes in policies
and procedures that would allow the handicapped equal access to and
enjoyment of housing opportunities.
Generally, the refusal to sell, rent or lease property because of the
race, color, religion, sex national origin, handicap or family status
of the seller, landlord, buyer or tenant, or anyone related to them
is prohibited. It is also illegal to have one set of terms and conditions
in the sale or rental of housing for one group, but another set of terms
and conditions for persons protected by the fair housing laws. The following
are some examples of activities and practices, among many others, that
may violate the fair housing laws:
-
Refusal to make repairs to premises rented to African-American
tenants while repairing those of white tenants
-
Real estate advertising that directly or indirectly (for example,
through the use of human models of only one race) expresses a preference
for one race or religion
-
Different mortgage rates or other terms for women borrowers
-
Showing a Muslim home seeker only homes in neighborhoods where
a large number of Muslims already live ("steering")
-
Refusing to allow a mobility-impaired tenant to have a specially-designated
parking space near his or her apartment
-
A landlord demanding sexual favors from or otherwise sexually
harassing a tenant
-
Failure to follow accessibility guidelines in the construction
or substantial rehabilitation of residential structures
-
Threatening or harassing a person who asserts anyone’s right
to fair housing
-
A city or town’s refusal to rezone land to allow construction
of housing because the housing might be occupied by handicapped
persons or person of a certain race or nationality
Help is Available
The fair housing laws allow persons who feel they have been injured
by a fair housing violation to file administrative complaints or lawsuits
in court. In addition, federal, state and local agencies may also enforce
fair housing rights. Remedies can include injunctive relief (an order
that the discriminatory behavior stop), damages, civil penalties, and
attorneys’ fees.
A federal administrative complaint can be started by contacting the
United States Department of Housing and Urban Development at the following
toll-free number: 1-800-440-8091. A state administrative complaint can
be started by contacting the North Carolina Human Relations Commission
toll-free at 1-866-324-7474. In addition, many North Carolina cities
have local human relations councils who can investigate, conciliate
or settle fair housing complaints and, in some cases, enforce fair housing
laws.
Finally, North Carolinians are fortunate to have access to the North
Carolina Fair Housing Center, a private agency dedicated to helping
ensure that fair housing rights are protected and enforced. The Center
can help with the investigation and filing of fair housing claims, and
can be reached at (919) 667-0888.
Fair housing is the law in North Carolina, but we all must be vigilant
and work together to make sure that illegal housing practices end. All
North Carolinians have the right to live wherever their resources allow
them to afford to live.
Evan Lewis is an attorney with Legal Aid of North Carolina in New
Bern and serves on the Legal Aid Housing Law Task Force. "The Law and
You" is a regular publication of Legal Aid of North Carolina, a nonprofit program
that provides free civil legal assistance to poor and low-income residents
of North Carolina.
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