North Carolina Rules for Agricultural Worker Housing

Agricultural workers in North Carolina have specific rights and protections regarding the condition and safety of the housing provided by their employers. If you live in farm labor housing, this guide helps you understand state regulations, your rights as a renter, key forms, and where to turn for help.

Understanding Agricultural Worker Housing in North Carolina

In North Carolina, agricultural worker housing—often called "migrant farmworker housing"—is regulated differently than standard residential rentals. Employers who provide housing must follow rules to ensure homes are safe, clean, and healthy. These rules protect the wellbeing of workers and their families from unsafe or unlivable conditions.

Key Protections for Agricultural Housing Tenants

• State Inspections: Before workers move in, housing must meet North Carolina Department of Labor (NCDOL) standards and be inspected.
• Health & Safety Requirements: Standards include safe drinking water, functioning toilets and showers, proper ventilation, pest control, and emergency exits.
• Tenant Rights: Even if your employer provides your housing, you have rights to safe living conditions and can report problems without fear of retaliation.

These protections come from the North Carolina Administrative Code (NCAC), specifically the requirements for Migrant Housing under NCDOL Migrant Housing Inspections^[1].

Who Regulates Agricultural Worker Housing?

The North Carolina Department of Labor (NCDOL) is responsible for inspecting, licensing, and enforcing laws related to farmworker housing. If you have concerns, you can contact NCDOL for assistance.

Key Legislation

• North Carolina General Statutes Chapter 95, Article 19 Migrant Housing Act outlines housing standards and legal protections for agricultural workers.
• The North Carolina Residential Rental Agreements Act also offers general tenant protections.^[2]

Common Issues and How to Address Them

Some agricultural workers face issues such as unsafe drinking water, overcrowding, poor sanitation, or lack of repairs. Here’s what you can do:

• Notify your landlord or employer in writing as soon as you spot a problem.
• If not fixed promptly, you may file a complaint with the NCDOL.
• You are protected from retaliation for reporting unsafe conditions.

Key Official Forms for Agricultural Worker Housing in North Carolina

• NCDOL Migrant Housing Complaint Form (Download)
  • When to use: If you believe your housing fails to meet state standards and your landlord does not fix the problem, submit this form to the NCDOL. For example, if there is no running water or the toilets do not work, complete the form and send it to the address provided.
• NCDOL Migrant Housing Pre-Occupancy Inspection Application (Form MH-1) (MH-1 Official Source)
  • When to use: Mainly used by housing operators before workers move in, to show that housing meets inspection requirements. If you are aware housing was never inspected, you can contact the NCDOL to check compliance.

Where to File a Complaint or Get Help

• North Carolina Department of Labor, Agricultural Safety and Health Bureau (Official contact) is the key agency for residential tenancies and farmworker housing issues.
• Your local legal aid office or advocacy group can also help you understand your rights and complete forms if needed.

How to File a Housing Complaint with the North Carolina Department of Labor

If your employer or landlord does not fix unsafe or unhealthy housing conditions, you can formally report this using a complaint form. Here is a brief overview:

1. Gather evidence (photos, notes, dates of concerns)
2. Download the NCDOL Migrant Housing Complaint Form
3. Complete the form with details about your complaint
4. Mail or fax the form to the address on the form
5. NCDOL will follow up to inspect or investigate if needed

Frequently Asked Questions

1. Are agricultural workers covered by regular tenant rights in North Carolina?
   Many rights do apply, but agricultural worker housing also has special regulations under the Migrant Housing Act.
2. Can my landlord evict me for complaining about poor conditions?
   No. By law, you are protected from retaliation when you report unsafe or unhealthy housing conditions.
3. What is the official agency for farmworker housing complaints?
   The North Carolina Department of Labor (NCDOL) handles complaints and inspections related to farmworker housing.
4. How do I know if my housing was inspected?
   Employers must display a certificate after NCDOL’s inspection. The housing is required to pass a pre-occupancy inspection before you move in.
5. Where can I get the forms to file a housing complaint?
   You can download official forms directly from the NCDOL Migrant Housing Inspections page.

Summary: What North Carolina Agricultural Housing Tenants Should Know

• You have a right to safe, inspected housing regardless of your work status.
• Unsafe conditions should be reported to the NCDOL using the official complaint form.
• The law protects you from retaliation for asserting your housing rights.

Need Help? Resources for Renters

• North Carolina Department of Labor (NCDOL) Homepage – File complaints or ask questions about agricultural worker housing regulations.
• NCDOL Migrant Housing Inspections Program – Access forms, standards, and housing information.
• Legal Aid of North Carolina – Free legal support for low-income renters and agricultural workers.
• North Carolina Residential Rental Agreements Act – Review your general rights as a tenant.

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1. North Carolina Department of Labor – Migrant Housing Inspections
2. North Carolina Residential Rental Agreements Act (NCGA Website)

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