have a reserved parking space close to the tenant's
apartment.
Q: If a landlord has available units which
are equipped for the handicapped, does a
handi-capped 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 lie 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 housing laws protect a person who
(1) has a child under the age of 18, (2) has legal
custody of a child, (3) is designated 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.
: 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
requirements which must he met to qualify for
these exemptions. Contact the North Carolina
Human Relations Commission for further
details.] If a housing complex qualifies for
the elderly person exemption, then it may
discriminate based on familial status only. It may
not discriminate on the basis of any of the other
protected categories.
Q: Can an owner or agent segregate families
with children from other tenants?
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 building, because of being a
member of a particular category.
Q: Can a landlord or agent limit the number
of children 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 that will be
allowed to live in a unit, the standards should not
be based on the age or sex of the individuals. [Note:
The fair housing laws do not limit the applicability
of any reasonable local, State, or Federal restrictions
regarding the maximum number of persons
permitted to occupy a housing unit.]
Real Estate Agents and
Fair Housing
May a real estate agent discriminate at
the direction of the owner?
A: No. Even if a real estate agent has no discrimi¬
natory intent, the agent is in violation of the fair
housing laws when discriminating against persons
from one of the protected categories at the direction
of the owner or lessor. Likewise, an agent is in viola¬
tion if he 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 seller or landlord
intends to discriminate against a member of
a protected category?
A: The agent should immediately terminate the
agency relationship with the seller or landlord.
The agent should then send a letter to the seller
or landlord stating that the relationship has been
terminated and explaining why. Next, the agent
should 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 category.
(): 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 violation of the fair housing laws
to deny a qualified real estate agent access to or
membership in any membership listing service,
real estate brokers’ organization or other service,
organization, or facility relating to the business of
selling 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 of 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 license by the North
Carolina Real Estate Commission. Additionally, a
real estate broker is barred from conducting any
brokerage activities or otherwise promoting their
status as a broker in any manner that discriminates
on the basis of race, color, religion, national origin,
sex, familial status or disability.
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), 1711 New Hope Church Road, Raleigh NC
27609 (Phone:
919/431-3036).
However, the complaint
must lie filed within one year after the alleged
violation occurred. The North Carolina Human
Relations Commission will be glad to answer any
questions you may have. If a real estate broker
was involved in the transaction, you are
encouraged to file a complaint with the N.C.
Real Estate Commission.
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 practice by informal
conference, persuasion, or conciliation. If it is
unable to resolve the matter: (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 right-to-sue letter. The NCREC
will investigate complaints involving real estate brokers
and discipline brokers through their licenses when
sufficient, admissible evidence of a violation is found.
Of course, you have the right to file a civil suit, at
your expense, within one year based on a violation of
the state fair housing laws and within two years based
on a violation of the federal housing laws without filing
a complaint with the NCHRC.
Scan the code below to access the
Commission Website f
ют
your mobile devices.
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THE NORTH CAROLINA
REAL ESTATE COMMISSION
P.O. Box 17100 • Raleigh, NC 27619-7100
Phone:
919/875-3700
• Website: www.ncrec.gov
15, 00(1 copies of this public docwn eni uvre primed tit a cost of til. 00 per copy.
REC3.30 •
8/1/21
