HomeMy WebLinkAboutAgenda - 12-02-2013 - 4a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2, 2013
Action Agenda
Item No. 4-a
SUBJECT: Declaration of Tenants' Rights and Obligations
DEPARTMENT: Housing/Human Rights and PUBLIC HEARING: (Y/N) No
Community Development
ATTACHMENT(S): INFORMATION CONTACT:
Orange County Declaration of Tenants' Tara L. Fikes, (919) 245-2490
Rights and Obligations Joseph Polich, HRC Member
Tish Galu, Justice United
PURPOSE: To consider endorsement of the Declaration of Tenants' Rights and Obligations
drafted by the Human Relations Commission, Orange County Justice United,
EmPOWERment, and the UNC School of Law's Legal Assistance Clinic.
BACKGROUND: In 2012, tenants of rental property in Carrboro experienced unfair and
disparate treatment by their landlord and the surrounding community of homeowners and
expressed their concerns to Justice United. Many of these issues were addressed and
corrected through a collaborative effort between Justice United, the UNC Civil Legal
Assistance Clinic, Carrboro Mayor Mark Chilton and members of Justice United.
Concurrently, the Orange County Human Relations Commission (HRC) was apprised of this
matter.
Shortly thereafter, in an effort to address unfair treatment and to empower tenants of rental
property, the HRC formed a subcommittee to work with Justice United's Affordable Housing
Team to draft a document of tenants' rights. EmPOWERment, Inc. and the UNC School of
Law Legal Assistance Clinic (Law Clinic) were also key players in drafting this document. The
organizations developed a list of issues that were most prevalent among renters. The
students from the Law Clinic then drafted a list of laws from the N.C. General Statutes that
addressed each issue. The document was entitled the "Orange County Tenants' Bill of
Rights".
In the spring of 2013, Justice United hosted three (3) bilingual fair housing workshops for
tenants of rental property in the County. Presenters included Dr. Erika Wilson, Professor from
the UNC Law Clinic, Mr. James Davis, Civil Rights Specialist from Orange County Department
of Housing, Human Rights and Community Development, Delores Bailey from
EmPOWERment, Inc., and Tish Galu from Justice United. Tenants provided feedback and
shared stories of unfair treatment they experienced. The Tenants' Bill of Rights was
thereafter amended to address these issues, and the document was re-named the
Declaration of Tenants' Rights and Obligations. This document is not a legal document, but
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list and describes some of the tenant rights granted by the N.C. General Statutes and the
federal Fair Housing Act that can serve as a reference to interested County residents.
Thus, the HRC is asking the Board of County Commissioners to endorse the Orange County
Declaration of Tenants' Rights and Obligations as a tool to empower tenants with a clear and
concise explanation of their rights under the law.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Manager recommends that the Board endorse the Declaration
of Tenants' Rights and Obligations drafted by the Human Relations Commission, Orange
County Justice United, EmPOWERment, Inc. and the UNC School of Law's Legal Assistance
Clinic.
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Orange County North Carolina
Declaration of Tenants Rights and Obligations*
As a tenant you have certain rights and obligations under North Carolina law. See N.C. Gen.
Stat. §42-41 (2012). At its heart,North Carolina landlord-tenant law entitles you to safe, decent, and
sanitary housing. It also requires you to pay rent and to maintain the premises that you are renting. The
purpose of this Declaration of Tenants Rights and Obligations is to help you understand the scope of your
rights and obligations. This listing of tenant rights and obligations is not exhaustive and should not be
used as a substitute for legal advice in the event a dispute arises between you and your landlord. Rather,
it functions as a basic overview of your rights and obligations as a tenant in Orange County,North
Carolina. Knowledge of your rights is the first step in being able to exercise and enforce them. (See
Resource List on last page. Always put complaints or requests for repairs in writing and keep a copy)
TENANT RIGHTS
1. Lease
A written lease is not required to establish a landlord tenant relationship under North Carolina law.
The laws and protections that apply to tenants may apply to you even if you have an oral agreement
with your landlord rather than a written lease. However,if you do have a written lease, the landlord
must give you a full copy of the lease and provide you with time to review it before you sign it.
2. Security Deposit
Amount of your security deposit- The landlord can require you to pay a security deposit. The
amount of the security deposit cannot exceed: (i) two weeks rent if you are paying rent on a weekly
basis; (ii) one and a half months rent if you pay rent on a monthly basis and(iii) two months rent if
you pay rent for longer than a month(e.g.,you pay rent every two months or longer). See N.C. Gen.
Stat. §42-51(2012).
Location of your security deposit- The landlord must place your security deposit into a trust
account with a licensed and insured North Carolina bank or savings institution. The landlord must
inform you where your security deposit is being held within thirty(30) days of collecting your
security deposit. See N.C.Gen. Stat. §42-50(2012).
Return of the security deposit-When you move out, the landlord must return your security deposit
to you within thirty(30) days,unless the landlord provides proof that the deposit is being used for a
proper purpose such as: (i)repairing damages made to the unit other than reasonable wear and tear;
(ii)rent that you owed but did not pay; (iii) any court costs the landlord had to pay if you were evicted
and(iv)the cost of finding a new tenant if you left your apartment before the end of the lease. See
N.C. Gen. Stat. § 42-52 (2012). Finally,if the landlord fails to return your security deposit or to
explain why any portion of your security deposit is not being returned,you may bring a claim against
the landlord in small claims court to recover your security deposit. See N.C. Gen. Stat. §42-55(2012)
and see Resource Guide on last page.
3. Decent, Safe and Habitable Housing
Tenant Rights- You have the right to decent, safe and sanitary housing in which the plumbing,
electrical wiring,heating/cooling systems and smoke detectors work properly. See N.C. Gen. Stat.
§§ 42-42(a)(4)—(5) (2012). You also have the right to housing in which the common areas that are
used by all tenants such as the stairs,hallways and sidewalks are in a safe condition. See N.C. Gen.
Stat. §42-42(a) (3) (2012)see Resource List on last page.
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Landlord's Obligation-Your landlord is required to make any and all repairs necessary to ensure
that your housing unit and the common areas are safe and fit. See N.C. Gen. Stat. §42-42(a) (3)
(2012). Your landlord is also required to ensure that your housing unit complies with the local
building and housing codes. See N.C. Gen. Stat.N.C.G.S. § 42-42(a) (1) (2012)see Resource List
on last page. If you believe that your rental unit is not safe or habitable and may violate the local
building or housing code,you have the right to have the property inspected for fi°ee by a local
Housing Inspector or Code Enforcement Official see Resource List on last page.
4. Late Fees
Your landlord may charge you a late fee if your rent is late by five (5) days or more. See N.C.Gen.
Stat.§42-46(a). However,if your rent is due in monthly installments, the late fee may not exceed
fifteen ($15.00) dollars or five (5%)percent of the monthly rent,whichever is greater.See N.C.Gen.
Stat.42-46(a)(1). If the rent is due weekly, the landlord may charge a late fee not exceeding four
dollars ($4.00) or five (5%)percent,whichever is greater. See N.C.Gen.Stat.42-46(a)(2). Late fees
can only be charged one time for each late rental payment and cannot be deducted from your next
month's rent payment. See N.C.Gen.Stat.42-46(b).
5. Quiet Enjoyment
You have the right to peaceful, safe and quiet enjoyment of your home. See N.C. Gen. Stat§42-
59.1 (2012). Essentially, this means that the landlord may make any necessary repairs,but the
landlord may not unreasonably interfere with your"quiet enjoyment"of your home and must leave
you alone while you are living in your rental unit.
6. Discrimination
The landlord may not discriminate against you as a tenant or prospective tenant because of your race,
color,national origin,religion, sex, familial status or disability. See Fair Housing Act, § 804; 42
U.S.C.3604. Discriminatory acts include refusing to rent to you;renting to you on unfavorable
terms, conditions, or privileges; creating a hostile living environment; or refusing to make reasonable
accommodations to give you an equal opportunity to use and enjoy the premises. (see Resource List
on last page.)
7. Domestic Violence Victim Protection
A landlord cannot terminate,refuse to renew, or refuse to rent to you because you are a victim of
domestic violence, sexual assault, or stalking. See N.C. Gen. Stat. §42-42.2(2012). In addition,
you have the right to request that the landlord to change your locks to prevent access by an alleged
perpetrator of domestic violence. See N.C. Gen. Stat. §42-42.3 (2012).
8. Eviction
Eviction Process and Notice-You can only be evicted after a summary ejectment proceeding before
the court. Further,the landlord is required to provide written notice of the reason you are being
evicted. See N.C. Gen. Stat. § 42-25.6(2012).
Grounds for Eviction
• Failure to pay Rent-If your landlord is attempting to evict you because you failed to pay
rent, the landlord has to request that you pay the rent and must wait ten(10) days before filing
a complaint against you with the court to have you evicted. See N.C. Gen. Stat.§42-3.
• Remaining in premises after lease ends -If you remain in your housing unit after your written
lease ends, or after your landlord tells you to leave if you do not have a written lease, the
landlord must give you proper notice that you are required to move out. See N.C. Gen. Stat.
§ 42-14.The landlord must give you at least two (2) days notice if you pay rent on a weekly
basis; seven(7) days notice if you pay rent on a monthly basis; one (1)month notice if you
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have a yearly lease; and sixty(60) days notice if you are renting space for a mobile home.
See N.C. Gen. Stat. §42-14.
• Breach of Lease -Your landlord can evict you for violating the terms of the lease but only if
there is a written lease agreement and there is a clause in the lease agreement that allows the
landlord to end the lease if you violate the terms of the lease agreement.
• Retaliatory Eviction-Finally,your landlord cannot evict you for complaining about the poor
conditions in your housing unit,requesting repairs,joining a tenant's organization or trying to
enforce your rights under the terms of your lease. See N.C. Gen. Stat. §42-37.1.
Contesting Eviction -You have the right to contest the eviction in front of a magistrate judge,See
N.C. Gen. Stat. §42-31(2012) and in such cases, the landlord must prove that you should be evicted
by a preponderance of the evidence. See N.C. Gen. Stat. §42-30 (2012). (See Resource List on last
page)
9. Public Housing
If you live in public housing or your rent is subsidized in whole or part by the federal government
(e.g.,you have a Section 8 voucher),you have additional rights under the law. Specified below are
important rights that you should know about if you live in public housing or if you receive a federal
subsidy or voucher to assist you in paying your rent.
Public Housing-If you live in public housing,your lease can only be terminated for serious and
repeated violations of the lease or for other"good cause." See 42 U.S.C. § 1437d(1)(5) (2012). In
some cases,you may also be entitled to request a grievance hearing prior to your lease being
terminated where you have the opportunity to hear about the reasons why your lease is being
terminated and to present an argument as to why your lease should not be terminated. See 24
C.F.R.§§966.50,966.52(a),966.53 (2012).
Federal Rent Subsidy(e.g., Section 8 Voucher) - If your rent is subsidized in whole or part by the
federal government(e.g.,you receive a Section 8 voucher),your subsidy or voucher can only be
terminated after you have been given notice and a hearing. See 24 C.F.R. §982.555 (c) (2) (20012).
During the hearing,you have the opportunity to present evidence as to why your subsidy should not
be terminated.
To learn more about your rights if you live in public housing or receive a federal subsidy or voucher,
please see the Housing and Urban Development("HUD")resident rights and responsibilities
brochure, available at htlp://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12162.pdf.
TENANT OBLIGATIONS
1. Pay Rent
You must pay rent on-time and in accordance with the lease terms. See N.C.Gen.Stat.§42-3. If you
fail to pay rent after your landlord has clearly and unequivocally demanded rent, ten (10) days after
the landlord makes the request for you to pay rent, the landlord may begin eviction proceedings
against you.
2. No Exercising Self-Help or Rent Abatement Without Court Order — You are prohibited
from exercising self-help, in the form of withholding rent or otherwise, absent a court order. If your
landlord won't make repairs or is otherwise not abiding by the terms of the lease agreement,you must
go to the court for help and cannot stop paying any portion of the rent without first obtaining approval
from the court. See N.C. Gen. Stat. § 42-25.6 and see Resource List on last page.
3. Maintain the Premises —You must keep the premises safe and clean. You must not intentionally
damage or allow your guests to damage the premises. You must dispose of all garbage in a safe and
sanitary manner. See N.C. Gen. Stat.§ 42-43 (a) (1)—(6).
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4. Notify Landlord in Writing of Need for Repairs —You must notify the landlord in writing of
any repairs or replacements that need to be made to the electrical,plumbing, sanitary,heating,
ventilating, air conditioning system, smoke or carbon monoxide alarms.
See N.C. Gen. Stat. § 42-43 (7).
5. Vacate the Premises When Lease is Over—You must vacate the premises upon the expiration
of your lease term. See N.C. Gen. Stat. §42-26.
If you have a complaint or believe your rights have been violated—always put it in written form
(letter or email) and keep a copy for your records. Show dates and times where applicable.If your
complaint or concern is not in a State Statute or not specifically addressed in this Declaration,it
may be remedied by seeking advice from agencies on the Resource List.
RESOURCE LIST
a. NC Legal Aid—919-542-0475—www.legalaidnc.org—legal advice/representation for
residents of Orange and Chatham County. Forms are available on-line for small claims
court.
b. UNC Civil Legal Assistance Clinic—919-962-1303 www.law.unc.edu/academics/clinic
a division of UNC Law School-provides legal advice and representation.
c. Orange County Housing,Human Rights and Community Development Department
—919-245-2487—www.orangecountync.gov/housing/HRC Orange County Fair Housing
Enforcement Program.
d. North Carolina Human Relations Commission (Raleigh) 919-789-5930 or 1-866-324-
7474-www.doa.nc.gov/hrc - Statewide Fair Housing enforcement.
e. NC Justice Center—919-856-2590—www.ncjustice.org—advocacy for low income
residents
f. Chapel Hill Inspection Department—919-968-2718 —www.ci.chapel-
hill.nc.us/publicworks -will inspect for safe housing (i.e.bug infestation)
g. Carrboro Inspection Department—919-918-7333 —www.ci.carrboro.nc.us/debt
Planning Dept.will inspect for safe housing
h. Orange County Inspection Department—919-245-2600 or 245-2601-
www.orangecouniync.gov/planning
i. Orange County Veterans Services—919-245-2890 -
www.orangecountync.gov/socsvcs/veterans_services.asp -housing and other
advice/services for veterans
j. Orange County Housing Authority(Section 8) —919-245-2490—provides rental
subsidies -www.orangecountync.gov/housing
k. Chapel Hill Department of Housing(Conventional Public Housing)—919-968-2850
—provides low cost rental housing for low income families and individuals
www.ci.chapelhill.nc.us
1. OWASA—919-968-4421 —www.owasa.org -water authority in Chapel Hill/Carrboro—
check on leaks or reason for high water bill
m. EmPOWERment Inc.—919-967-8779—www.empowermentinc-nc.org -resource
center for low-income housing;preventing foreclosures—fair housing workshops
n. Orange County Justice United—919-225-2986 or 919-358-5828 —
www.ocjusticeunited.org works in the community for justice and the common good—has
partnered with many of the resources listed here to provide the Declaration of Tenants
Rights and Responsibilities
* Prepared by the University of North Carolina School of Law Civil Legal Assistance Clinic,
Orange County Justice United,EmPOWERment Inc. and the Orange County Human Relations
Commission
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