(a) The provisions ofG.S. 41A‑4, except for subdivision (a)(6), do not apply to the following:
(1) The rental of ahousing accommodation in a building which contains housing accommodations fornot more than four families living independently of each other, if the lessoror a member of his family resides in one of the housing accommodations;
(2) The rental of a roomor rooms in a private house, not a boarding house, if the lessor or a member ofhis family resides in the house;
(3) Religiousinstitutions or organizations or charitable or educational organizationsoperated, supervised, or controlled by religious institutions or organizationswhich give preference to members of the same religion in a real estatetransaction, as long as membership in such religion is not restricted by race,color, sex, national origin, handicapping condition, or familial status;
(4) Private clubs, notin fact open to the public, which incident to their primary purpose or purposesprovide lodging, which they own or operate for other than a commercial purpose,to their members or give preference to their members;
(5) With respect todiscrimination based on sex, the rental or leasing of housing accommodations insingle‑sex dormitory property; and
(6) Repealed by SessionLaws 1989 (Reg. Sess., 1990), c. 979, s. 4.
(7) The sale, rental,exchange, or lease of commercial real estate. For the purposes of thisChapter, commercial real estate means real property which is not intended forresidential use.
(b) No provision ofthis Chapter requires that a dwelling be made available to a person whosetenancy would constitute a direct threat to the health or safety of otherpersons or whose tenancy would result in substantial physical damage to theproperty of others.
(c) No provision ofthis Chapter limits the applicability of any reasonable local or Staterestrictions regarding the maximum number of occupants permitted to occupy adwelling unit.
(d) Nothing in thisChapter shall be deemed to nullify any provisions of the North CarolinaBuilding Code applicable to the construction of residential housing for thehandicapped.
(e) No provision ofthis Chapter regarding familial status applies with respect to housing forolder persons. "Housing for older persons" means housing:
(1) Provided under anyState or federal program specifically designed and operated to assist elderlypersons as defined in the program;
(2) Intended for andsolely occupied by person 62 years or older. Housing satisfies the requirementsof this subdivision even though there are persons residing in such housing onSeptember 13, 1988, who are under 62 years of age, provided that all newoccupants after September 13, 1988, are 62 years or older; or
(3) Intended for andoperated for occupancy by at least one person 55 years of age or older per unitas shown by such factors as (i) the existence of significant facilities andservices specifically designed to meet the physical and social needs of olderpersons or, if this is not practicable, that the housing provides importanthousing opportunities for older persons, (ii) at least eighty percent (80%) ofthe units are occupied by at least one person 55 years of age or older perunit; and (iii) the publication of and adherence to policies and procedureswhich demonstrate an intent by the owner or manager to provide housing forpersons 55 years or older. Housing satisfies the requirements of thissubdivision even though on September 13, 1988, under eighty percent (80%) ofthe units in the housing facility are occupied by at least one person 55 yearsor older per unit, provided that eighty percent (80%) of the units that areoccupied by new tenants after September 13, 1988, are occupied by at least oneperson 55 years or older per unit until such time as eighty percent (80%) ofall the units in the housing facility are occupied by at least one person 55years or older. Housing facilities newly constructed for first occupancy afterMarch 12, 1989, shall satisfy the requirements of this subdivision if (i) whentwenty‑five percent (25%) of the units are occupied, eighty percent (80%)of the occupied units are occupied by at least one person 55 years or older,and thereafter (ii) eighty percent (80%) of all newly occupied units areoccupied by at least one person 55 years or older until such time as eightypercent (80%) of all the units in the housing facility are occupied by at leastone person 55 years of age or older.
Housing satisfies therequirements of subdivisions (2) and (3) of this subsection even though thereare units occupied by employees of the housing facility who are under theminimum age or family members of the employees residing in the same unit whoare under the minimum age, provided the employees perform substantial dutiesdirectly related to the management of the housing. (1983, c. 522, s. 1; 1985, c.371, ss. 1, 2; 1989, c. 507, s. 4, c. 721, s. 1; 1989 (Reg. Sess., 1990), c.979, s. 4.)
(a) The provisions ofG.S. 41A‑4, except for subdivision (a)(6), do not apply to the following:
(1) The rental of ahousing accommodation in a building which contains housing accommodations fornot more than four families living independently of each other, if the lessoror a member of his family resides in one of the housing accommodations;
(2) The rental of a roomor rooms in a private house, not a boarding house, if the lessor or a member ofhis family resides in the house;
(3) Religiousinstitutions or organizations or charitable or educational organizationsoperated, supervised, or controlled by religious institutions or organizationswhich give preference to members of the same religion in a real estatetransaction, as long as membership in such religion is not restricted by race,color, sex, national origin, handicapping condition, or familial status;
(4) Private clubs, notin fact open to the public, which incident to their primary purpose or purposesprovide lodging, which they own or operate for other than a commercial purpose,to their members or give preference to their members;
(5) With respect todiscrimination based on sex, the rental or leasing of housing accommodations insingle‑sex dormitory property; and
(6) Repealed by SessionLaws 1989 (Reg. Sess., 1990), c. 979, s. 4.
(7) The sale, rental,exchange, or lease of commercial real estate. For the purposes of thisChapter, commercial real estate means real property which is not intended forresidential use.
(b) No provision ofthis Chapter requires that a dwelling be made available to a person whosetenancy would constitute a direct threat to the health or safety of otherpersons or whose tenancy would result in substantial physical damage to theproperty of others.
(c) No provision ofthis Chapter limits the applicability of any reasonable local or Staterestrictions regarding the maximum number of occupants permitted to occupy adwelling unit.
(d) Nothing in thisChapter shall be deemed to nullify any provisions of the North CarolinaBuilding Code applicable to the construction of residential housing for thehandicapped.
(e) No provision ofthis Chapter regarding familial status applies with respect to housing forolder persons. "Housing for older persons" means housing:
(1) Provided under anyState or federal program specifically designed and operated to assist elderlypersons as defined in the program;
(2) Intended for andsolely occupied by person 62 years or older. Housing satisfies the requirementsof this subdivision even though there are persons residing in such housing onSeptember 13, 1988, who are under 62 years of age, provided that all newoccupants after September 13, 1988, are 62 years or older; or
(3) Intended for andoperated for occupancy by at least one person 55 years of age or older per unitas shown by such factors as (i) the existence of significant facilities andservices specifically designed to meet the physical and social needs of olderpersons or, if this is not practicable, that the housing provides importanthousing opportunities for older persons, (ii) at least eighty percent (80%) ofthe units are occupied by at least one person 55 years of age or older perunit; and (iii) the publication of and adherence to policies and procedureswhich demonstrate an intent by the owner or manager to provide housing forpersons 55 years or older. Housing satisfies the requirements of thissubdivision even though on September 13, 1988, under eighty percent (80%) ofthe units in the housing facility are occupied by at least one person 55 yearsor older per unit, provided that eighty percent (80%) of the units that areoccupied by new tenants after September 13, 1988, are occupied by at least oneperson 55 years or older per unit until such time as eighty percent (80%) ofall the units in the housing facility are occupied by at least one person 55years or older. Housing facilities newly constructed for first occupancy afterMarch 12, 1989, shall satisfy the requirements of this subdivision if (i) whentwenty‑five percent (25%) of the units are occupied, eighty percent (80%)of the occupied units are occupied by at least one person 55 years or older,and thereafter (ii) eighty percent (80%) of all newly occupied units areoccupied by at least one person 55 years or older until such time as eightypercent (80%) of all the units in the housing facility are occupied by at leastone person 55 years of age or older.
Housing satisfies therequirements of subdivisions (2) and (3) of this subsection even though thereare units occupied by employees of the housing facility who are under theminimum age or family members of the employees residing in the same unit whoare under the minimum age, provided the employees perform substantial dutiesdirectly related to the management of the housing. (1983, c. 522, s. 1; 1985, c.371, ss. 1, 2; 1989, c. 507, s. 4, c. 721, s. 1; 1989 (Reg. Sess., 1990), c.979, s. 4.)
(a) The provisions ofG.S. 41A‑4, except for subdivision (a)(6), do not apply to the following:
(1) The rental of ahousing accommodation in a building which contains housing accommodations fornot more than four families living independently of each other, if the lessoror a member of his family resides in one of the housing accommodations;
(2) The rental of a roomor rooms in a private house, not a boarding house, if the lessor or a member ofhis family resides in the house;
(3) Religiousinstitutions or organizations or charitable or educational organizationsoperated, supervised, or controlled by religious institutions or organizationswhich give preference to members of the same religion in a real estatetransaction, as long as membership in such religion is not restricted by race,color, sex, national origin, handicapping condition, or familial status;
(4) Private clubs, notin fact open to the public, which incident to their primary purpose or purposesprovide lodging, which they own or operate for other than a commercial purpose,to their members or give preference to their members;
(5) With respect todiscrimination based on sex, the rental or leasing of housing accommodations insingle‑sex dormitory property; and
(6) Repealed by SessionLaws 1989 (Reg. Sess., 1990), c. 979, s. 4.
(7) The sale, rental,exchange, or lease of commercial real estate. For the purposes of thisChapter, commercial real estate means real property which is not intended forresidential use.
(b) No provision ofthis Chapter requires that a dwelling be made available to a person whosetenancy would constitute a direct threat to the health or safety of otherpersons or whose tenancy would result in substantial physical damage to theproperty of others.
(c) No provision ofthis Chapter limits the applicability of any reasonable local or Staterestrictions regarding the maximum number of occupants permitted to occupy adwelling unit.
(d) Nothing in thisChapter shall be deemed to nullify any provisions of the North CarolinaBuilding Code applicable to the construction of residential housing for thehandicapped.
(e) No provision ofthis Chapter regarding familial status applies with respect to housing forolder persons. "Housing for older persons" means housing:
(1) Provided under anyState or federal program specifically designed and operated to assist elderlypersons as defined in the program;
(2) Intended for andsolely occupied by person 62 years or older. Housing satisfies the requirementsof this subdivision even though there are persons residing in such housing onSeptember 13, 1988, who are under 62 years of age, provided that all newoccupants after September 13, 1988, are 62 years or older; or
(3) Intended for andoperated for occupancy by at least one person 55 years of age or older per unitas shown by such factors as (i) the existence of significant facilities andservices specifically designed to meet the physical and social needs of olderpersons or, if this is not practicable, that the housing provides importanthousing opportunities for older persons, (ii) at least eighty percent (80%) ofthe units are occupied by at least one person 55 years of age or older perunit; and (iii) the publication of and adherence to policies and procedureswhich demonstrate an intent by the owner or manager to provide housing forpersons 55 years or older. Housing satisfies the requirements of thissubdivision even though on September 13, 1988, under eighty percent (80%) ofthe units in the housing facility are occupied by at least one person 55 yearsor older per unit, provided that eighty percent (80%) of the units that areoccupied by new tenants after September 13, 1988, are occupied by at least oneperson 55 years or older per unit until such time as eighty percent (80%) ofall the units in the housing facility are occupied by at least one person 55years or older. Housing facilities newly constructed for first occupancy afterMarch 12, 1989, shall satisfy the requirements of this subdivision if (i) whentwenty‑five percent (25%) of the units are occupied, eighty percent (80%)of the occupied units are occupied by at least one person 55 years or older,and thereafter (ii) eighty percent (80%) of all newly occupied units areoccupied by at least one person 55 years or older until such time as eightypercent (80%) of all the units in the housing facility are occupied by at leastone person 55 years of age or older.
Housing satisfies therequirements of subdivisions (2) and (3) of this subsection even though thereare units occupied by employees of the housing facility who are under theminimum age or family members of the employees residing in the same unit whoare under the minimum age, provided the employees perform substantial dutiesdirectly related to the management of the housing. (1983, c. 522, s. 1; 1985, c.371, ss. 1, 2; 1989, c. 507, s. 4, c. 721, s. 1; 1989 (Reg. Sess., 1990), c.979, s. 4.)
