Fair Housing Act Complaint - North Carolina

NORTH CAROLINA STATE FAIR HOUSING ACT COMPLAINT

1. CAPTION

STATE OF NORTH CAROLINA

COUNTY OF [____________________]

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. [____________________]

COMPLAINT

(Jury Trial Demanded)

Plaintiff, complaining of Defendants, alleges and says:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a citizen and resident of [CITY, COUNTY], North Carolina, and a person injured by an unlawful discriminatory housing practice within the meaning of N.C. Gen. Stat. § 41A-7.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue within the meaning of N.C. Gen. Stat. § 41A-3.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of N.C. Gen. Stat. § 41A-3.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this civil action under N.C. Gen. Stat. § 7A-240 and § 41A-7.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under N.C. Gen. Stat. § 1-82 because the Property is located in this County and the discriminatory acts occurred here.

3.4. Timeliness. This action is filed within one (1) year after the occurrence or termination of the alleged unlawful discriminatory housing practice, as required by N.C. Gen. Stat. § 41A-7, excluding any period during which an administrative proceeding on the same grievance was pending.

4. FACTUAL ALLEGATIONS

4.1. The North Carolina State Fair Housing Act, N.C. Gen. Stat. § 41A-4, prohibits discrimination in housing because of race, color, religion, sex, national origin, handicapping condition, or familial status.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., handicapping condition (disability) (________), race (________), familial status, national origin, religion, sex].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell or rent, or refusal to negotiate for sale or rental, after a bona fide offer (N.C. Gen. Stat. § 41A-4(a)(1))
☐ Discrimination in the terms, conditions, or privileges of a sale or rental, or in services or facilities (§ 41A-4(a)(2))
☐ Discriminatory notice, statement, advertisement, or inquiry indicating a preference or limitation (§ 41A-4(a)(3))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (§ 41A-4(a)(4))
☐ Blockbusting / steering, or inducing sale or rental by representations as to neighborhood composition (§ 41A-4(b))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (§ 41A-4(d))
☐ Refusal to permit a reasonable modification of the premises (disability) (§ 41A-4(d))
☐ Discrimination in residential real-estate-related transactions / financing (§ 41A-4(c))
☐ Harassment or creation of a hostile housing environment
☐ Coercion, intimidation, threats, or interference with the exercise of fair-housing rights (§ 41A-4(g))
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a handicapping condition within the meaning of N.C. Gen. Stat. § 41A-3 and a disability under 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., emotional-support/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — NORTH CAROLINA STATE FAIR HOUSING ACT (N.C. Gen. Stat. § 41A-1 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unlawful discriminatory housing practices prohibited by N.C. Gen. Stat. § 41A-4 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact), in violation of the State Fair Housing Act.

5.4. Plaintiff is entitled to the relief authorized by N.C. Gen. Stat. § 41A-7, including actual damages, injunctive relief, civil penalties, and reasonable attorney's fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a handicapping condition under N.C. Gen. Stat. § 41A-3 and a disability under 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of N.C. Gen. Stat. § 41A-4(d) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with malice or reckless indifference to Plaintiff's rights, warranting punitive damages under 42 U.S.C. § 3613(c)(1) and N.C. Gen. Stat. Ch. 1D (as applicable to the federal and any common-law claims).

8.4. Civil penalties: as authorized under N.C. Gen. Stat. § 41A-7 (penalty payable to the State).

8.5. Attorney's fees and costs: under N.C. Gen. Stat. § 41A-7 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages as allowed by law;
• D. For a declaration that Defendants' conduct violated North Carolina and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For civil penalties as authorized by law;
• G. For reasonable attorney's fees and costs;
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to N.C. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

NORTH CAROLINA

COUNTY OF [____________________ ]

[PLAINTIFF NAME], being first duly sworn, deposes and says that he/she is the Plaintiff in the foregoing Complaint; that he/she has read the same and knows the contents thereof; and that the same is true of his/her own knowledge, except as to those matters stated upon information and belief, and as to those he/she believes them to be true.

[____________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [__/__/____].

[____________________]

Notary Public

My commission expires: [__________]

12. SIGNATURE BLOCK

This the [__/__/____].

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], N.C. State Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / certified mail per N.C. R. Civ. P. 4 / electronic service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. NORTH CAROLINA PRACTICE NOTES

• Enforcing agency. The North Carolina Human Relations Commission (within the NC Department of Administration) administers and enforces the State Fair Housing Act when certified by HUD as substantially equivalent under 42 U.S.C. § 3610(f).
• Protected classes (track federal). N.C. Gen. Stat. § 41A-4: race, color, religion, sex, national origin, handicapping condition, and familial status. North Carolina does NOT add source of income, sexual orientation, gender identity, age, or military status as statewide housing classes.
• Administrative charge vs. direct court suit.
• When the Commission is HUD-certified, an aggrieved person ordinarily files an administrative complaint with the Commission under § 41A-7(a) within one year; the Commission investigates and conciliates, and the aggrieved person may then pursue or elect a civil action.
• When the Commission is NOT certified, an aggrieved person may bring a civil action directly in superior court, which must be commenced within one year after the occurrence or termination of the practice (§ 41A-7(a)).
• Limitations periods.
• State administrative complaint to the Commission: 1 year from the occurrence (N.C. Gen. Stat. § 41A-7(b)).
• State civil action in superior court: 1 year from the occurrence or termination of the practice (N.C. Gen. Stat. § 41A-7).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)). The federal court window is longer than the state one — preserve the federal claim accordingly.
• Damages and penalties. Section 41A-7 authorizes actual damages, injunctive relief, civil penalties payable to the State, and reasonable attorney's fees. Punitive damages under the state act are constrained; the federal FHA count is generally the stronger vehicle for punitive damages.
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading only the state count to anchor in state court — but note the state count's shorter 1-year window.

15. SOURCES AND REFERENCES

• N.C. Gen. Stat. Chapter 41A (State Fair Housing Act) — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_41a.pdf
• N.C. Gen. Stat. § 41A-7 (Enforcement) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41A/GS_41A-7.html
• North Carolina Human Relations Commission — https://www.doa.nc.gov/divisions/human-relations
• Fair Housing Project of Legal Aid of NC — Enforcement in North Carolina — https://www.fairhousingnc.org/know-your-rights/fair-housing-enforcement-in-north-carolina/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in North Carolina must review and customize this document before filing. Verify all statutory citations and court rules before use.