Key Takeaways
- North Carolina State Fair Housing Act mirrors federal Fair Housing Act protections
- NC protects 7 classes: race, color, religion, sex, national origin, disability, and familial status
- The NC Human Relations Commission enforces state fair housing complaints
- Complaints must be filed within 1 year of the alleged discriminatory act
- Real estate licensees must complete fair housing training as part of continuing education
North Carolina Fair Housing Laws
Important: This content covers North Carolina-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.
North Carolina has its own fair housing law that complements federal protections.
NC State Fair Housing Act
The North Carolina State Fair Housing Act (N.C.G.S. 41A) prohibits discrimination in housing based on:
| Protected Class | Federal & NC |
|---|---|
| Race | Yes |
| Color | Yes |
| Religion | Yes |
| Sex | Yes |
| National Origin | Yes |
| Disability (Handicap) | Yes |
| Familial Status | Yes |
Note: North Carolina currently follows the federal protected classes. Some local jurisdictions may have additional protections.
Enforcement Agencies
North Carolina Human Relations Commission
The NC Human Relations Commission is responsible for:
- Investigating fair housing complaints
- Conducting conciliation efforts
- Coordinating with HUD
- Education and outreach
Filing a Complaint
| Requirement | Detail |
|---|---|
| Time Limit | Within 1 year of discriminatory act |
| Filing Location | NC Human Relations Commission or HUD |
| Investigation | Agency investigates within reasonable time |
| Resolution | Conciliation, hearing, or court |
Prohibited Acts
Under North Carolina law, it is illegal to:
- Refuse to sell, rent, or negotiate based on protected class
- Discriminate in terms or conditions of housing
- Make discriminatory statements in advertising
- Represent unavailability when housing is available
- Blockbusting - Inducing sales by suggesting neighborhood change
- Steering - Directing buyers to/from certain areas
- Discriminatory lending - Unequal loan terms
Penalties for Violations
Civil Penalties
| Offense | Potential Penalty |
|---|---|
| First violation | Up to $16,000 |
| Second violation (within 5 years) | Up to $37,500 |
| Third or more (within 7 years) | Up to $65,000 |
Additional Remedies
Courts may also award:
- Actual damages - Out-of-pocket losses
- Punitive damages - For intentional discrimination
- Injunctive relief - Orders to stop discrimination
- Attorney's fees - Reasonable legal costs
Exemptions
Limited exemptions exist:
| Exemption | Conditions |
|---|---|
| Owner-occupied (4 or fewer units) | No broker, no discriminatory ads |
| Single-family (FSBO) | No broker, no discriminatory ads |
| Religious organizations | For non-commercial property (race cannot be restricted) |
| Private clubs | For members only |
| Senior housing | 55+ or 62+ requirements met |
Critical: Even with exemptions, discriminatory advertising is NEVER permitted, and real estate licensees CANNOT participate in discrimination.
Broker Responsibilities
North Carolina brokers must:
| Duty | Requirement |
|---|---|
| Equal Treatment | Treat all parties equally |
| Fair Housing Poster | Display in office |
| Advertising | Use fair housing language and logo |
| Refuse Discriminatory Instructions | Cannot follow client's discriminatory directives |
| Report Violations | Report known violations |
Continuing Education
NCREC requires brokers to receive fair housing training as part of continuing education to ensure ongoing awareness and compliance.
Which agency enforces fair housing laws in North Carolina?
How long does a person have to file a fair housing complaint in North Carolina?