http://www.doa.state.nc.us/hrc/law.htm

I am trying to get out of my lease, and I have a person that wants to move in and take it. It is a female, but my landlord says that he prefers only all males or all females occupying his property at any given time. Currently, there are 3 guys staying there, and she would move in with them. We all know her, because she is one of my old roommate's girlfriend. She is cool, and we all agree. Is this a violation of the Fair Housing Act?

2/22/2006 8:17:17 PM

I think it is illegal in NC for a man and woman to live together if they are not married. Your landlord could use that as his defense.

2/22/2006 8:40:36 PM

Well, if that is the case a lot of people would not be living together if they actually inforced that law. Actually, that would make NC look bad, if he used that defense.

2/22/2006 8:43:17 PM

i wouldn't want to force my way into a tenant living situation. if the landlord didn't want me there, i wouldn't want to be there.

2/22/2006 8:44:49 PM

You do not even understand the situation. I asked for input regarding a possible violation, not some two-bit comments.

2/22/2006 8:46:03 PM

Yeah. It is rarely inforced. But he wouldn't get charged with violating the fair housing act.

2/22/2006 8:46:53 PM

Read this pdf, and you tell me if he is not violating it -

http://www.doa.state.nc.us/hrc/law.pdf

It clears states in this pdf that the opposite sex can live together.

[Edited on February 22, 2006 at 8:49 PM. Reason : blah]

2/22/2006 8:48:54 PM

... unfortunately.. the way I see it - it would be violation if he just didn't let females rent at all... I think landlords... over all can have say who they want there... i.e. their preference as long as it is within the means of the NC fair housing act

2/22/2006 8:50:49 PM

READ THE PDF

2/22/2006 8:52:16 PM

first of all, I glanced through what I believed to be the relevent parts -- we're not going to read 14 pages of a PDF... why don't you copy/paste or type what you believe to be the related part.

2/22/2006 8:53:17 PM

Nowhere in my lease does it say that that apartment is a single-sex dormitory. Other than that, he cannot discriminate against sex. Look on page 5.

[Edited on February 22, 2006 at 8:57 PM. Reason : blah]

2/22/2006 8:56:46 PM

That says that it's not considered a violation if the the building is for example a male residents hall, and a female is not allowed to live there.

2/22/2006 9:03:06 PM

not worth it.

Quote :

"i wouldn't want to force my way into a tenant living situation. if the landlord didn't want me there, i wouldn't want to be there."

2/22/2006 9:03:07 PM

I want my name off of the lease, and I don't care what she wants to do. So, could you stop the two-bit posting, too?

2/22/2006 9:04:27 PM

^^^ That is what I am saying - you cannot discriminate against sex for housing, unless that is true. It is clearly not true, in this case.

[Edited on February 22, 2006 at 9:05 PM. Reason : blah]

2/22/2006 9:05:41 PM

HEY MORON YOU DON'T HAVE A CASE. IS THAT CLEAR ENOUGH FOR YOU?

2/22/2006 9:05:55 PM

How about if you come to the unity lab in DH Hill and tell me that.

2/22/2006 9:06:44 PM

sure, i'll be right there. wait for me out front of the library doors.

2/22/2006 9:07:53 PM

so you didnt get the answer you wanted to your question, and now you want to fight them? Why didnt you just say "hey everyone that agrees with me respond to this thread or else i will talk shit to you on the intarnet"???????????????

2/22/2006 9:31:47 PM

How about you go to student legal instead of asking TWW for advice?

It might be, however, you have a lease which is also a binding contract and whatever terms of breaking it or swapping residents that are included in that lease or forbidden.

2/22/2006 9:42:09 PM

Quote :

"I think it is illegal in NC for a man and woman to live together if they are not married. Your landlord could use that as his defense."

Sounds like bullshit to me, or a shit ton of people are in violation.

(actually I just found out that's true, though we don't know if that applies to apartments or just owning a house together)

[Edited on February 22, 2006 at 9:58 PM. Reason : meh]

2/22/2006 9:56:49 PM

Yes, cohabitation is illegal in NC. Although the law is not enforced, it is a legitimate concern for a landlord.

2/22/2006 11:08:52 PM

oh man i really hope this guy waited for me outside the library

2/22/2006 11:19:49 PM

yes this is a fair housing violation

as is REMAX's commercial where they say they can help you find a neighborhood without nosiy kids

good luck enforcing it though

2/22/2006 11:34:58 PM

how is finding a neighborhood without noisy kids against the fair housing act?

2/22/2006 11:36:15 PM

inforced enforced.

wow, we're in college people.

2/22/2006 11:46:21 PM

# correct > # incorrect

i'd say that's all you can hope for

2/22/2006 11:58:45 PM

as for the noisy kids, you can't disclose that

just like you can't say how many black people there are or if there is a catholic church near bye

[Edited on February 23, 2006 at 12:03 AM. Reason : sds]

2/23/2006 12:02:21 AM

JUST GO TO FUCKIN STUDENT LEGAL SERVICES

2/23/2006 12:16:33 AM

Quote :

"i wouldn't want to force my way into a tenant living situation. if the landlord didn't want me there, i wouldn't want to be there."

this is the best advice so far, given from one of the smartest persons on this website...

...but no, you're just going to be a dick

2/23/2006 12:49:10 AM

I really hate that I sounded rather arrogant in my previous posts. I apologize for that. I just asked for opinions regarding if this is a violation of the NC Fair Housing Act, so I could judge whether or not it is worth consuming time at Legal Services. The name calling that people do over the internet is absurd, and I just wanted to address that issue by inviting the name-caller to my presence to tell me that I am a moron. I never said that I wanted to retaliate against the name-caller for his name calling, I just wanted to see if his manhood is at the level that he would actually say it out loud to another person that he does not know from a can of paint. That is all. Anyway, I really appreciate the responses, and I think that this is worth consuming time at Legal Services.

2/23/2006 8:16:07 AM

You have to consider the landlord's perspective. I think this is a reasonable accomodation for him to ask. It may seriously go against his morals. Maybe he has had a bad experience or two with renting to mixed groups.

I would spend the time looking for a guy to replace you rather than pursuing legal action. It would be more productive for all parties involved.

2/23/2006 9:02:18 AM

Quote :

""I think it is illegal in NC for a man and woman to live together if they are not married. Your landlord could use that as his defense." Sounds like bullshit to me, or a shit ton of people are in violation."

it is indeed illegal. it's not often enforced, but it is illegal. aclu is challenging the law right now.
http://www.washingtonpost.com/wp-dyn/content/article/2005/05/09/AR2005050901091.html

Quote :

"There are about 144,000 unmarried couples living together in North Carolina, and they are all breaking the law -- a statute that has been on the books since 1805. The law against cohabitation is rarely enforced. But now the American Civil Liberties Union is suing to overturn it altogether, on behalf of a former sheriff's dispatcher who said she had to quit her job because she would not marry her live-in boyfriend."

2/23/2006 9:16:47 AM

My point is that who can prove that they are a 'couple'? Technically, any man and woman living together can declare that they are not a couple, and be immune to this law - how could one actually prove that a man and a woman is having an intimate relationship? Actually, my landlord is not using this law as an excuse. It really is no rhyme or reason to his disapproval of allowing her to take my lease. I just think that is really stupid that he has someone willing to take my lease, but he has me stuck paying two rents. I know that I am bound by a contract, and I am willing to pay rent there until a leasee comes alomg, or my lease expires, but this is absurd that there is someone willing to take my lease and he will not let her do it.

2/23/2006 9:23:48 AM

the law doesn't say you have to be a couple, that's just the way the article phrased it.

oh, btw, it's illegal to have unmarried sex in nc, too.

2/23/2006 9:29:01 AM

Well, that contradicts that fair housing act... see the photo that I post above.

2/23/2006 9:30:10 AM

technically, the law came first, so the housing act contradicts it.

don't get me wrong by the way, this whole thing is fucking ridiculous, but until the law is ruled unconstitutional (hopefully soon), that's the way it'll be. I'd say that moving somewhere else would be smarter, because even if you did sue and win, you'd have to deal with the bitch for the duration.

2/23/2006 9:32:45 AM

You don't understand what I am saying here... I have already moved out of the apartment, I am paying 2 rents, and it is HER that wants to live there, and if she wants to live there I really do not care, I just want my name off of the lease. I completely understand what you are saying, and I really appreciate your input here. I think it is at least worth getting legal consultation.

2/23/2006 9:37:42 AM

I understand all that, but getting legal consultation would cost way more, especially since you'll also continue to pay 2 rents

2/23/2006 9:55:38 AM

i'd start using all this energy you're using to try and get her on the lease (which she should be fighting btw if she wants to live there so damn bad) to try and find a guy that will live there so you won't even have to worry about this issue.

2/23/2006 10:03:29 AM

This is true. Legal consultation is the only way that I will know for sure if this is or is not a violation. I am not saying that I am actively seeking legal consultation, but I am considering it.

2/23/2006 10:07:12 AM

I have a few guys that are looking at the place, but it is not definite with them. Actually, I have one guy that is suppose to be looking at it today. But, if I have someone that wants the lease right now, that is what I will fight the hardest for.

[Edited on February 23, 2006 at 10:10 AM. Reason : She and her boyfriend are fighting hard as well. ]

2/23/2006 10:09:53 AM

the piece you posted refers to not discriminating as a whole like if I owned an apartment building I couldn't say you can't lease because you are a woman. the situation is completely different if the people are living in the same dwelling, then it is against the law to allow unmarried males lease with females, that is why he said he wants all males or all females at once and no mix, he isnt discriminating against women

2/23/2006 10:23:20 AM

If the landlord has control if if you can sublet or transfer a lease. Therefore he can deny you and say he dosnt want her moving in simply because shes ugly. your sol

2/23/2006 10:36:28 AM

Look into what the NC Rental laws say. Even if the landlord puts something in a lease, if it goes against something written in the law, then the Landlord is wrong.

2/23/2006 11:00:14 AM

so have you finally gotten in your head that people are correct in saying even if you want a girl living there the landlord has a legal right to deny her - if so good - it took long enough

2/23/2006 11:01:30 AM

What exactly does the sub leasing clause on your lease say? That would be good information to post.
If it says that the landlord must approve any sub-leases or assignments of the lease and does not give any criteria you may be SOL.

2/23/2006 12:04:45 PM