Laws

August 20, 2024

ADA Housing Laws and Regulations in North Carolina

Zoe Harper

Marketing

The Americans with Disabilities Act (ADA) ensures equitable housing opportunities for people with disabilities in North Carolina. It makes it illegal for landlords, real estate agents, homeowners associations, or any housing provider to discriminate. The ADA requires that reasonable changes and help are provided to ensure full access to housing.This rule applies to many types of housing, including single-family homes and longer stays in temporary places. It plays a crucial role in fighting discrimination in housing. For more info, check out the Disability Rights North Carolina website¹.

Key Takeaways

The ADA mandates equitable housing opportunities for individuals with disabilities in North Carolina.
Discriminatory practices by landlords, real estate agents, and other housing providers are illegal.
Reasonable accommodations and modifications must be provided to ensure accessibility.
The law covers a broad spectrum of housing types, ranging from single-family homes to long-term transient lodgings.
Visit the Disability Rights North Carolina website for further information.

Introduction to ADA Housing Laws in North Carolina

In North Carolina, ADA housing laws are essential. They help protect people with disabilities from being unfairly treated in housing. These rules cover apartments, public housing, and Section 8 housing. They make sure everyone has the same chance to find a place to live.

Laws require that changes be made for those with disabilities. Landlords might need to adjust rules or the building itself. For example, new buildings or ones being fixed must follow ADA Accessibility Guidelines if the work started after January 26, 1992². Any partial renovations must meet these guidelines too².

There are some cases where buildings don't need elevators. This is true for buildings less than three stories tall or smaller than 3000 square feet per floor². The cost to make these changes mustn't be over 20% of the total renovation budget². Additionally, since January 26, 1993, places open to the public must be accessible and kept that way for people with disabilities².

These actions are at the heart of preventing discrimination in housing. They help people with disabilities have places to live that meet their needs. North Carolina aims to break down barriers. This ensures everyone is treated fairly and has equal access to housing.

Fair Housing Act Protections

The Fair Housing Act protects people with disabilities from unfair treatment in housing. It stops discrimination in selling, renting, or getting loans for homes. This includes not just disability, but also race, religion, and more.

What the Fair Housing Act Covers

In 1968, President Lyndon Johnson put the Fair Housing Act into law. It was a big moment for civil rights. The Act stops discrimination in housing because of several things like race, religion, or disability³. People offering housing must make fair changes for those with disabilities.

These changes can include things like special parking spots, moving to a ground-floor apartment, or having guide pets⁴.

Exceptions to the Fair Housing Act

There are some exceptions to the Fair Housing Act. Small buildings where the owner lives and places run by churches might not follow this law. These rules help balance housing fairness with other important needs⁴.

Even with these exceptions, many complaints about housing discrimination relate to disability. In places like North Carolina and across the U.S., 60% of these complaints involve disability issues⁵. This shows that the Act's disability protections are still very important.

Reasonable Accommodations in Housing

Reasonable housing accommodations let people with disabilities have the same access to housing. They can also use their rights as tenants more easily. Knowing what kinds of help you can ask for is key if you need access because of a disability. It's also important to understand how to ask for this help properly.

Examples of Reasonable Accommodations

Many kinds of accommodations exist in housing. Landlords might have to change rules to let service animals live in places that usually do not allow pets. They might also need to create parking spots close to entrances. Other accommodations include not charging fees for live-in aides, delaying evictions for mental health care, and accepting different kinds of references if needed⁶.

Buildings with at least four units made after March 13, 1991, need to follow certain rules so everyone can access them⁷. Changing apartments to help people with mobility issues is another way to make housing more accessible⁶.

How to Request Reasonable Accommodations

Tenants can ask for changes to their living space or other help at any time. This includes when applying for an apartment, signing the lease, or after moving in⁶. Making these requests in writing helps keep track of them. Landlords should inform tenants about their right to ask for accommodations and provide forms to make it easier⁶.

Professionals like doctors, psychiatrists, and social workers can provide the necessary paperwork for these requests⁸. When landlords look at these requests, they can ask for some information if the need isn't clear. But, they can't ask for private medical details⁸. Each request needs to be looked at on its own to decide if it's too hard or changes housing services too much. If a request is fair, a landlord often has to pay for it. This is especially true in public or subsidized housing⁶ ⁷.

Reasonable Modifications in Housing

Adapting homes for those with disabilities often means big changes to make sure they fit the needs of these residents. These changes help people access their homes better and live more on their own.

Examples of Reasonable Modifications

Typical changes that make homes more accessible include adding ramps, alarms that flash for the deaf, and bars in bathrooms for safety. These help people with different disabilities. For example, fire alarms that flash enable those who can't hear to be aware of danger⁹. Making doorways wider helps those in wheelchairs move around their homes easier⁹.

It's crucial to make these modifications the right way to follow building rules. The ADA and FHA require housing to accommodate people with disabilities¹⁰ ⁹. Those in charge must act quickly, usually within ten days, when asked to make a place more accessible⁹.

Responsibilities for Funding Modifications

Usually, the person renting has to pay for making their home more accessible. This is unless the housing gets government money⁹. Renters have to ask their landlord before making changes. However, landlords can't say no if these changes are necessary for the renter to enjoy their home fully¹⁰.

Renters should also describe exactly what changes they need before they start¹⁰. Sometimes, landlords may ask for the home to be put back the way it was when the renter leaves. This is only if the changes might make the home harder to rent out later⁹. Making homes more disability-friendly ensures everyone has a chance to live in a welcoming space.

ADA Housing Requirements in North Carolina

In North Carolina, ADA housing standards play a key role in protecting people with disabilities against discrimination in housing¹¹. These standards aim to create accessible living environments for everyone, regardless of abilities¹².

Local rules treat certain family care homes as single-family residences under G.S. 160D-907¹¹. Buildings with four or more living spaces, particularly those with elevators, need to meet strict accessibility criteria within covered multifamily dwellings¹². Such buildings, if first used after March 13, 1991, must also be accessible for those who are hearing or vision impaired, with at least 5% of the units fully accessible¹².

Not just homes, but also facilities like parking and public spaces must comply with ADA¹². For example, ADA buildings must have 2% of parking spots accessible via a wheelchair route¹². Also, common areas need to have features like audible signals on appliances and reachable controls on drinking fountains for easy access¹².

ADA protections work along with those provided by the Fair Housing Act to stop discrimination. They ensure necessary adjustments for those with disabilities¹¹. Workplaces must also make changes like altering equipment or job tasks without having to hire more staff just to help a disabled employee¹³. Similar rules apply in housing to avoid unnecessary financial or administrative strains¹¹.

Local laws might also set rules about how close family care homes can be to each other. Zoning rules must follow ADA housing standards to prevent discrimination in granting permits¹¹. Enforcing these rules, along with ADA's legal protections, shows North Carolina's dedication to accessible living environments and strong adherence to disability housing laws¹¹.

Service Animals and Emotional Support Animals in North Carolina

In North Carolina, laws support the rights of people with disabilities to have service and emotional support animals at home. This follows ADA guidance about these special animals.

Rights to Have Service Animals

The ADA states that service animals help their owners by doing tasks related to their owners' disabilities. Only dogs and miniature horses are recognized as service animals¹⁴. The rules say landlords can't limit someone from having a service animal because of pet policies. They must make reasonable changes to accommodate. They also can't set restrictions based on the animal's size or breed, nor ask for extra fees or deposits¹⁴.

Landlords can only ask if the animal is needed for a disability and what tasks it does¹⁴. This rule protects the person's privacy while making sure they get the right support.

Rights to Have Emotional Support Animals

Emotional support animals offer comfort and help with emotional or mental disabilities. They're covered by rules for emotional support animal access. They don't need special training. It's their presence that provides the benefit. Many animals can be emotional support animals if there's a need related to a disability¹⁴.

The FHA says emotional support animals aren't pets. So, they don't fall under regular pet rules or fees¹⁵. Landlords can ask for proof of the need for an emotional support animal. But, they can't see someone's medical records. Also, they must handle accommodation requests quickly without costing too much¹⁴.

Landlord's Responsibilities and Limitations in North Carolina

Landlords in North Carolina must follow certain rules for ADA compliance in housing. They need to check if housing laws are followed, particularly for disability verification and accommodation requests.

What Landlords Can Ask

A landlord can ask for confirmation when someone with a disability needs an accommodation. But they should avoid asking for too much medical information. This helps protect the tenant's privacy while getting the necessary details.

What Documentation is Required

If the disability isn't clear, landlords can ask for a note from a healthcare professional. This note should be simple and explain why the accommodation is needed. A professional can explain how the disability affects the tenant and why the accommodation helps.

Answering quickly to accommodation requests is very important. Not responding can be seen as discrimination under ADA laws in North Carolina. Often, complaints against housing providers are due to not handling accommodation requests well, especially for people with disabilities¹⁶. In 2018, about 60% of North Carolina's complaints were about disability discrimination, showing how critical it is to follow ADA rules¹⁶.

Landlords should also know the rules set by the Department of Justice and the Access Board. These rules are for public places and commercial buildings under ADA titles II and III¹⁷. The 2004 ADA/ABA Guidelines were made to work well with other building codes and make following the law easier¹⁷.

Knowing these rules well can help avoid issues and create a welcoming space. For more information on North Carolina's laws for landlords and tenants, including deposits and rental agreements, check out this in-depth guide ¹⁶.

North Carolina Fair Housing Act

The North Carolina Fair Housing Act (NC FHA) started in 1983. Found in Chapter 41A, its goal is to fight housing discrimination. It also aims to protect people with disabilities and various family setups¹⁸. This Act covers many rental homes, including apartments, public housing, and Section 8 homes¹. It also lists actions that are not allowed, like refusing to talk or accommodate someone because of their race, religion, or if they have a disability¹⁸.

Key Provisions

The NC FHA requires changes and help for people with disabilities. These changes might be physical, like adding ramps, or policy-wise, like allowing service animals in no-pet places¹. Buildings with many families must be accessible if built after March 1991¹⁸. Providing these helps is critical, as 60% of complaints about housing are because people with disabilities were not treated fairly⁵.

Specific Protections in North Carolina

In North Carolina, the disability protections meet federal standards and consider the state's specific needs. They cover public housing and college dorms, ensuring everyone has the right to fair housing¹. With eviction rates up by 70% last year, the Act helps people get the accommodations they need to avoid eviction⁵. There was a case where a woman with a disability fought for her right to have an emotional support animal. She won, showing that the Act works to protect tenants' rights⁵.

FAQ

What housing types are covered under ADA compliance in North Carolina?

In North Carolina, the ADA ensures fair housing for those with disabilities. This includes houses, apartments, public housing, and more. However, some places like certain owner-occupied buildings and religious organizations might not have to follow these rules.

What does the Fair Housing Act cover regarding disability protections?

The Fair Housing Act fights discrimination for people with disabilities in many housing situations. It defines "disabilities" widely, which means many different impairments are covered. But, certain small owner-occupied buildings and religious housing are exceptions.

What are some examples of reasonable accommodations in housing?

Reasonable accommodations could be policy changes, like letting service animals stay in no-pet places. They also include accessible parking, changing when rent is due, or allowing a live-in aide. These help people with disabilities enjoy their homes just like everyone else.

How can tenants in North Carolina request reasonable accommodations?

Tenants can ask for accommodations anytime, and it's best to do it in writing. If the need for the accommodation isn't obvious, landlords can ask for basic information to understand the request.

What are some examples of reasonable modifications in housing?

Reasonable modifications are changes made to homes to help people with disabilities. This could be installing ramps, grab bars, visual alerts, or making doorways wider. These changes make living spaces more accessible.

Who is responsible for the cost of reasonable modifications?

Usually, renters have to pay for any modifications. But, in federally supported housing, landlords might share some costs. When the tenancy ends, landlords can ask to have the unit put back how it was if the changes affect future renting.

What are the ADA requirements regarding service animals in housing?

ADA rules let people with disabilities have service animals in their homes, no matter the pet policy. These animals are trained to help their owners with specific tasks. Landlords can't charge extra or ask for a lot of medical proof for these animals.

What rights do tenants have concerning emotional support animals?

Emotional support animals are protected under ADA housing laws. They help those with disabilities, even without special training. Landlords have to allow these animals by making reasonable changes to pet rules.

What can North Carolina landlords ask for when verifying a disability or accommodation need?

If a tenant's disability or the need for an accommodation isn't clear, landlords can ask for a simple note from a health professional. They can't ask for the tenant's full medical details or too much paperwork.

What are the key provisions of the North Carolina Fair Housing Act?

The North Carolina Fair Housing Act prevents discrimination based on disability in housing, work, and public places. It makes sure people get fair chances in buying or renting homes, getting loans, and dealing with homeowners associations. There are specific rules to enforce these protections.

What specific protections are offered under the North Carolina Fair Housing Act?

This Act offers special protections for North Carolinians, preventing discrimination in housing. It supports the right to fair housing, helps make reasonable accommodations and modifications, and provides ways to handle complaints about housing discrimination.