The Federal Fair Housing Act was passed into law by Congress in 1968, to help stamp out housing discrimination. As landlords, tenants, and real estate agents in North Carolina, a landlord must adhere to the act when it comes to handling both existing and prospective tenants.
The following is a guide to help you understand the federal fair housing law and its accompanying regulations.
Fair housing means that all persons must be afforded equal opportunity in all property-related matters. That is, in renting a unit, buying a property, in mortgage qualification, and even when obtaining property insurance.
The North Carolina Federal Fair Housing Act makes all forms of discrimination in housing matters, including the right to rent, illegal based on some protected characteristics. The protected characteristics in the federal fair housing law are race, color, disability, sex, religion, national origin, and familial status.
The Federal Fair Housing Act covers residential and commercial properties and vacant land that’s to be used for residential purposes.
The North Carolina Human Relations Commission (HRC) is the government agency responsible for enforcing anti-discrimination law in North Carolina, promoting positive human relations throughout the state.
Yes. In the United States, engaging in housing discrimination because of national origin or familial status for example will get you penalized by the Department of Housing and Urban Development (HUD). The department published new civil penalty amounts in March 2020 and was enforceable on violations that occurred on or after April of that year. Therefore, it is wise to follow the federal fair housing law.
When it comes to renting, the following are the common violations landlords should avoid according to the federal fair housing law:
You must be cautious when writing up a rental ad. The language you use in the written text shouldn’t in any way indicate a preference for or limitation of a particular group of tenants such as national origin and familial status. As it needs to give an equal opportunity to any person, you cannot state statements such as:
Other statements that you mustn’t include: “must provide proof of employment”, or “we only rent to people who speak English”.
Before placing an ad on a rental listing, it’d be important to familiarize yourself with the fair housing law. This is because there are certain things you can and can’t say and do during the tenant screening process.
The following are examples of questions that North Carolina landlords must steer clear of:
Hiring a property manager is the best strategy to go with if you haven’t familiarized yourself with the North Carolina landlord-tenant laws. A good company will help maintain your property and ensure that rental operations are in line with all the relevant federal fair housing law.
Landlords, tenants, and real estate agents need to stay informed of the FHA and other federal fair housing laws to avoid fair housing complaints. These include the warranty of habitability, security deposit rules, landlord entry rules, property insurance rules, and the fair credit reporting act.
If you would like help from a property manager in managing your rental properties and abiding by local, state, and federal fair housing laws then reach out to the experts at Weichert Realtors | Mark Thomas Properties Property Management.
Disclaimer: This blog isn’t a substitute for professional legal advice. If you have a specific question, get in touch with a qualified attorney or an experienced property management company.
Mark and his team have been and continue to be very professional and helpful. They have helped us purchase property and they are our property managers as well. In both cases, we are happy with the results.
Rental Property Owner
Weichert, Realtors - Mark Thomas Properties Property Management
3901 University Dr.
Durham, NC
27707, USA
Phone: 919-403-5315
