Proving Discriminatory Tenant Screening in North Carolina

Every renter in North Carolina deserves equal treatment in the housing market. Unfortunately, some landlords and property managers may engage in discriminatory screening, such as unfairly denying applications based on protected characteristics. Understanding your rights and knowing how to prove discriminatory screening practices can help you take action. This guide outlines the process, the protections available under North Carolina and federal law, and steps you can use to protect your housing rights.

What Is Discriminatory Screening?

Discriminatory screening occurs when a landlord treats rental applicants differently because of their race, color, religion, sex, national origin, disability, or family status—also known as protected classes under the federal Fair Housing Act and North Carolina law.

• Denying rental applications based only on a protected characteristic
• Imposing stricter requirements (like higher deposits) for some applicants
• Offering different terms or refusing reasonable accommodations

These behaviors are illegal under the federal Fair Housing Act and the North Carolina Fair Housing Act.^1,2

How to Recognize Potential Discriminatory Practices

To prove discrimination, first look for signs, such as:

• Being told a unit is unavailable, then discovering it is still being shown to others
• Unusual or excessive requirements for you alone
• Negative comments about your background or family

If you suspect unfair treatment, start gathering information immediately.

Gathering Evidence of Discriminatory Screening

Documentation is the most important tool. Evidence may include:

• Copies of all communications with the landlord or manager (emails, texts, letters)
• The rental application and any written policies
• Names and contact details of witnesses who observed or experienced similar treatment
• Notes from conversations, including dates, times, and what was said
• Comparisons showing other applicants with similar qualifications were approved

Relevant Official Forms

• HUD Form 903 Online Complaint
  When to use: If you believe your rental application was denied for a discriminatory reason, you can file a fair housing discrimination complaint online with HUD. Example: If you are told "we don't rent to families with children" and denied an apartment.
  File HUD Housing Discrimination Complaint
• North Carolina Human Relations Commission: Housing Discrimination Intake Form
  When to use: For North Carolina residents, you may file directly with the state using their intake form if you wish to start a state-level investigation. Example: You notice applicants of a certain background are routinely turned away.
  North Carolina Housing Discrimination Complaint Process

How to Report and Prove Discriminatory Screening

Follow these steps if you experience suspected discrimination in tenant screening:

• Review your landlord’s written screening policies
• Collect and organize every piece of evidence (communications, forms, witness accounts)
• Complete the appropriate complaint form (see above)
• Submit the complaint to HUD or the North Carolina Human Relations Commission
• Cooperate with the investigation, provide additional documents if asked, and attend interviews if necessary

Understanding the Complaint Process

After you file a complaint, it is reviewed by the North Carolina Human Relations Commission or HUD. The agency may:

• Investigate your claim and contact the landlord for response
• Facilitate a settlement or mediation
• Take legal action if discrimination is found

The investigating agency will keep you updated, and you have rights throughout the process.

Relevant Legislation and Tribunal Information

• The Federal Fair Housing Act sets national anti-discrimination protections.
• The North Carolina Fair Housing Act provides state protections.
• The North Carolina Human Relations Commission investigates and enforces fair housing complaints.

FAQ: North Carolina Tenant Discrimination

1. What qualifies as discriminatory screening in North Carolina?
   Landlords cannot refuse applications, set higher rents, or use different standards for tenants because of race, color, national origin, sex, religion, disability, or family status.
2. How long does it take to resolve a fair housing complaint?
   Timelines vary. State and HUD investigations can take several months, depending on complexity and cooperation.
3. Can I be evicted for filing a discrimination complaint?
   Retaliation is illegal. Landlords may not evict or otherwise punish you for exercising your fair housing rights.
4. What evidence helps prove my case?
   Written communications, application forms, records of landlord statements, and witness details all help build your claim.
5. Is there a fee for filing a discrimination complaint?
   No. Both HUD and North Carolina complaints are free to file, and you do not need a lawyer to begin.

Key Takeaways

• Discriminatory tenant screening is prohibited under federal and North Carolina law.
• Strong documentation is the best way to prove unfair treatment.
• Complaints can be filed through HUD or the North Carolina Human Relations Commission at no cost.

If you experience or suspect housing discrimination, act quickly to protect your rights.

Need Help? Resources for Renters

• North Carolina Human Relations Commission: Fair Housing Division
  Investigates claims of housing discrimination across the state.
• U.S. Department of Housing and Urban Development: File a Complaint
  National resource to report fair housing violations.
• LawHelpNC: Fair Housing Rights
  Plain-language guide to rights and complaint procedures for North Carolina renters.
• Contact the North Carolina Human Relations Commission at 1-866-324-7474 for direct support.

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1. Federal Fair Housing Act: U.S. Department of Housing and Urban Development
2. North Carolina Fair Housing Act: North Carolina General Statutes Chapter 41A
3. North Carolina Human Relations Commission: Official Government Site

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