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APPENDIX A: STATE AND NATIONAL AFFORDABLE HOUSING AGENCY/ORGANIZATION CONTACT INFORMATION North Carolina Agencies & Organizations Association of Housing Counselors c/o The Affordable Housing Group 1300 Baxter Street, Suite 215 Charlotte, NC 28204 Phone: 704-342-3316 Fax: 704-376-8709 www.affordablehousinggroup.org Center for Responsible Lending 302 West Main Street Durham, NC 27701 Phone: 919-313-8500 www.responsiblelending.org Fannie Mae North Carolina Partnership Office 112 South Tryon Street Suite 1100 Charlotte, NC 28284 Phone: 704-344-6960 Fax: 704-344-6970 www.fanniemae.com Freddie Mac NC Office 132 Copper's Trail Wilmington, NC 28411 Phone: 910-686-7904 www.freddiemac.com IDA and Asset-Building Collaborative of North Carolina PO Box 27386 Raleigh, NC 27611 Phone: 919-341-6418 Fax: 919-510-0509 www.ncidacollaborative.org Legal Aid of North Carolina Administrative Office 224 South Dawson Street Raleigh, NC 27601 Phone: 919-856-2564 Fax: 919-856-2120 www.legalaidnc.org NC Association of CDCs 3109 Poplarwood Ct., Ste. 209 Raleigh, NC 27604 Phone: 919-831-9710 Fax: 919-831-9728 www.ncacdc.org NC Coalition to End Homelessness PO Box 27692 Raleigh, NC 27611 Phone: 919-755-4393 www.ncceh.org NC Community Development Initiative Inc. 2209 Century Drive, 2nd Floor PO Box 98148 Raleigh, NC 27624 Phone: 919-828-5655 Fax: 919-834-8018 www.ncinitiative.org NC Division of Aging and Adult Services 2101 Mail Service Center Raleigh, NC 27699-0443 Phone: 919-733-3983 Fax: 919-733-0443 www.ncdhhs.gov/aging NC Division of Community Assistance 301 N. Wilmington St. 4301 Mail Service Center Raleigh, NC 27601 Phone: 919-733-4151 Fax: 919-733-0443 www.dca.commerce.state.nc.us NC Division of Public Health AIDS Care Branch 1902 Mail Service Center Raleigh, NC 27699-1902 Phone: 919-733-7301 Fax: 919-733-1020 www.epi.state.nc.us/epi/hiv/aidscare NC Division of Vocational Rehabilitation Services Community Services Section 2801 Mail Services Center Raleigh, NC 27699-2801 Phone: 919-855-3579 Fax: 919-733-7968 http://dvr.dhhs.state.nc.us North Carolina Housing Coalition PO Box 347 Raleigh, NC 27602 Phone: 919-881-0707 Fax: 919-881-0350 www.nchousing.org North Carolina Housing Finance Agency Mailing Address: PO Box 28066 Raleigh, NC 27611-8066 Street Address: 3508 Bush Street Raleigh, NC 27609-7509 Phone: 919-877-5700 or 800-393-0988; For hearing-impaired dial 711 for Relay NC Services. www.nchfa.com North Carolina Justice Center 224 S. Dawson St. Raleigh, NC 27601 Phone: 919-856-2570 Fax: 919-856-2175 www.ncjustice.org Office of Economic Opportunity 222 North Person Street 2013 Mail Service Center Raleigh, NC 27601 Phone: 919-715-5850 Fax: 919-715-5855 www.dhhs.state.nc.us/oeo US Department of Agriculture NC State Office Rural Housing Service 4405 Bland Road Raleigh, NC 27609 Phone: 919-873-2060 Fax: 919-873-2075 www.rurdev.usda.gov/nc/ US Department of Housing and Urban Development Greensboro Field Office 1500 Pinecroft Road, Suite 401 Greensboro, NC 27407-3838 Phone: 336-547-4000; TTY: 336-547-4054-NC Relay: 711 (Voice/TTY) Fax: 336-547-4138 www.hud.gov/local/index.cfm?state=nc National Agencies & Organizations Bazelon Center for Mental Health Law 1101 15th Street, NW Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 www.bazelon.org Center on Budget and Policy Priorities 820 First Street, NE, Suite 510 Washington, DC 20002 Phone: 202-408-1080 Fax: 202-408-1056 www.cbpp.org Consortium for Citizens with Disabilities 1660 L Street, NW, Ste. 700 Washington, DC 20036 Phone: 202-783-2229 Fax: 202-783-8250 www.c-c-d.org Corporation for Supportive Housing 1518 K Street, NW, Suite 206 Washington, DC 20005 Phone: 202-393-1948 Fax: 202-393-4664 www.csh.org Housing Assistance Council 1025 Vermont Ave., N.W. Suite 606 Washington, D.C. 20005 Phone: 202-842-8600 Fax: 202-347-3441 www.ruralhome.org National Alliance to End Homelessness 1518 K Street NW, Suite 410 Washington, DC 20005 Phone: 202-638-1526 www.endhomelessness.org National Low Income Housing Coalition 727 15th Street, NW, 6th Floor Washington, DC 20005 Phone: 202-662-1530 Fax 202-393-1973 www.nlihc.org Technical Assistance Collaborative (TAC) 31 St. James Ave., Ste. 710 Boston, MA 02116 Phone: TTY 617-266-5657 Fax: 617-266-4343 www.tacinc.org APPENDIX B: LEGAL SERVICES IN NORTH CAROLINA A. Attorneys: Legal Aid of North Carolina – 919-856-2564 – Provides free legal services to low-income individuals throughout North Carolina. www.legalaidnc.org 2. Other legal services providers: a. Asheville/Western NC Pisgah Legal Services 800-489-6144 www.pisgahlegal.org b. Charlotte/West-Central NC Legal Services of Southern Piedmont 704-376-1600 800-438-1254 (Outside of Mecklenburg County) 800-247-1931 (Spanish) www.lssp.org c. Forsyth, Davie, Iredell, Surry, Stokes, & Yadkin Counties Legal Aid Society of Northwest NC 910-725-9166 800-660-6663 3. NC Justice Center – 919-856-2570 – Provides free legal services to low- income individuals on issues that impact litigation and policy matters. www.ncjustice.org B. Fair Housing Investigators: 1. NC Human Relations Commission – 919-789-5930 or 866-324-7474 – NC state agency that investigates complaints of discrimination and enforces NC’s Fair Housing Law. C. Governmental Entities: NC Attorney General’s Office – Consumer Protection – 919-716-6000 Local Code Enforcement Agencies APPENDIX C: HUMAN RELATIONS COUNCILS/COMMISSIONS WITH PAID STAFF CONTACT INFORMATION (AUGUST 2009) North Carolina Human Relations Commission 1318 Mail Service Center Raleigh, NC 27699-1318 (919) 789-5930 866-324-7474 Asheville-Buncombe Human Relations Bob Smith, Director 175 Bingham Rd. Asheville, NC 28806 (828) 255-5953 RSMITH8483@aol.com (Buncombe County) Charlotte-Mecklenburg Community Relations Department Willie Ratchford, Director 606 E. Trade St. Charlotte, NC 28202 (704) 336-2195 email@example.com (covers Mecklenburg County except townships) Cabarrus County Human Relations Council Andy Simmons, Director 16 Church Street North East Concord, NC 28025 (704) 795-3537 www.cbc-cabarus.org Duplin County Human Relations Warren Helper, Director 310 West Main Street Wallace, NC 28466 (910) 296-2193 firstname.lastname@example.org Durham Human Relations Yvonne Pena, Director 101 City Hall Plaza Durham, NC 27701 (919) 560-4107 Ypena@ci.durham.nc.us (covers Durham city only) Fayetteville Human Relations Ron McElrath, Director City Hall-433 Hay Street Fayetteville, NC 28301 (910) 433-1696 email@example.com Gaston County Human Relations PO Box 1578 Gastonia, NC 28053-1578 (704) 866-3692 Goldsboro Community Affairs LaTerrie Ward, Director PO Drawer A 214 North Center Street Goldsboro, NC 27530 (919) 580-4359 jward@ci.Goldsboro.nc.us Greensboro Human Relations Anthony Wade, Director PO Box 3136 City-County Complex 1 Governmental Plaza Greensboro, NC 27834 (336) 373-2038 firstname.lastname@example.org (covers city limits of Greensboro) Greenville Human Relations Cassandra Daniels, Director PO Box 7207 Greenville, NC 27835 (252) 329-4494 email@example.com High Point Human Relations Alvena Heggins, Director PO Box 230 High Point, NC 27261 (336) 883-3124; firstname.lastname@example.org Lexington Human Resources Jean Thompson, Director 28 West Center Street Lexington, NC 27292 (336) 248-3955; email@example.com Lumberton Human Resources Department Laney Sapp, City Clerk 501 East 5th Street Lumberton, North Carolina 28359 (910) 671-3807 lsapp@ci.Lumbertin.nc.us Wilmington-New Hanover Human Relations Carl Byrd, Director County Administrative Building 801 Princess Street, Suite 101 Wilmington, NC 28401-4026 (910) 341-7171 firstname.lastname@example.org (covers New Hanover County) Orange County Human Relations Shoshanna Smith, Director 501 W. Franklin St. Suite 104 Hillsborough, NC 27516 (919) 960-3875 email@example.com (covers Orange County) Raleigh Human Resources Division Hardy Watkins, Director PO Box 590 Raleigh, NC 27603 (919) 831-6101 firstname.lastname@example.org Rocky Mount Human Relations Loretta Braswell, Director PO Box 1180 Rocky Mount, NC 27802 (252) 972-1181; email@example.com Salisbury Rowan County Human Relations Commission Melissa Taylor, Staff Director 132 N. Main Street Salisbury, NC 28144 Office (704) 638-5229 firstname.lastname@example.org Wilson Human Relations Veronica Creech, Director PO Box 10 Wilson, NC 27893 (252) 399-2308 Winston-Salem Human Relations Wanda Allen-Abraha, Director PO Box 2511 Winston-Salem, NC 27102 (336) 727-2429 (covers city of Winston-Salem only) email@example.com APPENDIX D: SAMPLE BUDGET SHEET The chart on the next page is an example of a simple monthly personal budget. You can enter your information into the blanks or calculate your personal budget online by visiting www.personalbudgeting.com. Notice that this sample budget has a net income (i.e., there is money left over after all expenses have been paid). It is possible that you may end up with a net loss, which is not a good situation to be in. If this is the case, you may want to think about what you can do to increase your income, decrease your spending, or both. Sample Budget Income Paycheck 1 = $2,000 Paycheck 2 = $1,500 Other = $500 Total Income (add above items) = $4,000 Expenses Mortgage $ 950 Cars $600 Insurance--Auto $150 Insurance--Life $60 Health Expenses/Insurance $200 Installment Loans $125 Phone $75 Utilities--Gas/Water/Electric $125 Groceries $250 Entertainment $250 Gasoline for Cars $100 Total Expense (add above items) = $2,885 Net Income (subtract total expenses from total income) = $1,115 APPENDIX E: SAMPLE RENTAL HOUSING APPLICATION Date of Application Desired Date of Occupancy Type and Size of Apartment Wanted (No. of Bedrooms, etc.) Personal Information Applicant’s Full Name Date of Birth Social Security No. Driver’s License No./State Co-applicant’s Full Name Date of Birth Social Security No. Personal Information Driver’s License No./State Full Names of All Other Residents Relationship to You Date of Birth How Many Pets Do You or Other Occupants Own Kind of Pet, Breed, Weight and Age How Did You Hear About Our Property? Residence History Present Address Present Telephone Dates From To Present Landlord or Mortgage Co. Telephone Monthly Payment $ Reason for Moving Previous Address Dates From To Previous Landlord or Mortgage Co. Telephone Monthly Payment $ Reason for Moving Employment Information Present Employer Dates From To Employer’s Address Telephone Position Supervisor Gross Monthly Salary $ Previous Employer Dates From To Employer’s Address Telephone Position Supervisor Gross Monthly Salary $ Co-applicant’s Employer Dates From To Employer’s Address Telephone Position Supervisor Gross Monthly Salary $ Other Information Total Number of Vehicles (Including Company Vehicles) Make/Model Year Color Tag No. & State Make/Model Year Color Tag No. & State Other Car, Motorcycle, etc. Total Gross Monthly Household Income $ If there are other sources of income you would like us to consider, please list income, source and person (Banker, Employer, etc.) who we could contact for confirmation. You do NOT have to reveal alimony, child support or spouse’s annual income unless you want us to consider it in this application. Amount $ Per Source Telephone Amount $ Per Source Telephone Comments Have You or Co-applicant Ever: Been sued for non-payment of rent? Been evicted or asked to move out? Broken a Rental Agreement or Lease? Been sued for damage to rental property? Declared Bankruptcy? In case of Personal Emergency, Notify: Name Relationship Address Home Phone Work Phone I hereby make application for an apartment and certify that this information is correct. I authorize you to contact any references that I have listed. I also authorize you to obtain my consumer credit report from your credit reporting agency, which will appear as an inquiry on my file. Applicant’s Signature Date Co-Applicant’s Signature Date If you are applying by mail or fax, please send in signed and completed application using the contact information provided. If you are applying by email, download, complete, and send it as an attachment to firstname.lastname@example.org. Email applicants may leave the signature fields blank but must provide a contact number below for Apt. Co’s staff to confirm identity before the application is processed. Email Application Contact Telephone Number Best time to call APPENDIX F: NORTH CAROLINA LANDLORD-TENANT LAWS Knowing Your Rights and Responsibilities: A Brief Overview Prepared December 2006 William D. Rowe, General Counsel NC Justice Center P.O. Box 28068 Raleigh, NC 27611 (919) 856-2177 email@example.com Understanding where your rights and responsibilities come from There are two places to look to determine what your rights and responsibilities are. First, there is North Carolina law. Some of the laws are mandatory and cannot be changed, even if everybody agrees. While other laws can be changed if everyone agrees. Second, there is your lease agreement. Your lease is a contract and it explains what each party is agreeing to and controls each party’s behavior. For the most part, this information reviews North Carolina laws that you must comply with and that cannot be changed by your lease agreement. This outline is intended only as a reference and is not intended to serve as a substitute for legal advice or to establish any lawyer-client relationship. Basic Fit-Housing Laws North Carolina requires the landlord and the tenant each take on certain responsibilities to ensure the property is maintained in conditions fit for humans to live in. We review those responsibilities now. A. What does the landlord have to do regarding repairs? Obey the Local Housing Code. Most cities and some counties have passed a law which is called a housing code. This law tells the landlord what conditions have to be provided and maintained, including such items as hot and cold water facilities that do not leak, window screens, walls, ceilings and floors without holes, door locks and other basic necessities. Cities and counties with a housing code will have an inspection department whose duties include inspecting units and informing owners and tenants of needed repairs. The inspection department will also be responsible for enforcing the local housing code. Failure to make the required repairs can result in the premises being boarded up and not allowed to be rented until the repairs are made. Make any repairs needed to make the premises fit and habitable. Keep the plumbing, heating, sanitary and electrical equipment in good and safe working order. If the landlord provides appliances, such as a stove or refrigerator, he/she must fix them if they break down. Keep the stairwells, walkways and other common areas of apartment buildings and duplexes in safe condition. Install smoke detectors. B. What does the tenant have to do regarding repairs? Keep the place as clean and safe as possible. Get rid of garbage in a clean and safe way. Keep the plumbing (toilet, sinks, bathtub) as clean as possible. Notify the landlord of needed repairs. Do not do any damage to the premises. If the tenant or someone visiting damages the premises, the tenant is responsible. This means the landlord may charge the tenant for the repairs. C. Consequences of not making repairs. Tenant may sue owner/landlord and/or agent and recover: Damages equaling the difference between the fair rental value of the premises free of defects and the fair rental value of the premises in their defective condition (―rent abatement‖); Prospective rent abatement (ordering the rent to be at the lower rate on account of the condition); Treble damages (three times the amount of the actual damages) and attorneys’ fees if the conditions of the premises and the agreement between the parties are rise to the level of unfair and deceptive acts by the landlord; and Injunctive relief, requiring the landlord to make repairs. 2. Local housing code may call for the premises to be taken off the market. Fines and/or criminal liability may be applicable. Handling the money: Paying attention to the details There are two laws that require landlords to handle tenants’ monies with particular detail. First, there are requirements for handling security deposits. Second, there are requirements for charging late payment fees. Security Deposits (N.C.G.S. 42-50) A. How much security deposit can a landlord charge? The tenant pays rent every week, the landlord can require two weeks rent as a deposit. If the tenant pays rent every month and there is no written lease, he/she can require one and one-half month’s rent as a deposit. If the tenant has a lease for more than a month, he/she can charge two months’ rent as a deposit. B. What does the landlord have to do regarding security deposits? Give the tenant written notice of the name of the bank that is holding the tenant’s security or the name and address of the insurance company providing a bond to cover the security deposit, if not in a bank in N.C.; and After the tenant moves out for any reason (including eviction), the landlord must give the tenant a written account of any items deducted from the deposit and refund the remainder to the tenant. The landlord has thirty (30) days from the time the tenant moves out to give an interim accounting and sixty (60) days to give a final accounting and refund. C. When can a landlord keep all or part of the security deposit? If the tenant owes back rent, he/she can deduct what is owed. If the tenant has damaged the property more than normal wear and tear, the landlord can deduct the cost of repair. If the tenant breaks the lease and the landlord loses rent or has expenses to find a new tenant, he/she can keep the actual amount lost. If the tenant has been evicted in court, the landlord can deduct court costs from the security deposit. Late Fees (N.C.G.S. 42-46) When can a landlord charge a late fee? Only after the rent is five days or more late. How much can be charged? $15.00 or 5% of the monthly rent, whichever is more. How much can be charged if living in Subsidized Housing? Five percent of the portion of the rent the tenant pays. For example, if the rent is $500/mo. and Section 8 pays $400/mo. and the tenant pays $100/mo., the late fee is $15, which is greater than 5% of $100 or $5.00. How much can be charged if rent is paid weekly? Late fees cannot exceed $4 or 5% of rental payment. Late Fees may be imposed only one time for each late rental payment. Late Fees may not be deducted from rent payment so as to make tenant late with rent payment. Eviction Evicting a tenant requires that the landlord follow the process set out by North Carolina law. Landlords should not take matters into their own hands. Landlords cannot change the locks; turn off the utilities; or take other actions to force a tenant to move other than NC’s court process. How Can the Landlord Evict Legally. (N.C.G.S. 42-25.9) Some kinds of evictions by a landlord are illegal. A landlord may evict a tenant legally only by getting a court order. The landlord may not evict by changing the locks, turning off electricity, gas or water, disconnecting a heater, or any way other than through the court. What can a tenant be evicted for? There are four grounds for evictions: Nonpayment of Rent Staying after the lease has ended Breach of the lease Certain criminal activities Tenants facing eviction should seek legal help. (See Section VIII. Resources.) How do court evictions work? The landlord must file a legal complaint with the court. This complaint must be served to the tenant by the sheriff. Attached to the complaint will be a summons that tells the tenant the day, time, and place to be in court, usually within ten days of the filing of the complaint. If the landlord or the tenant loses in court, he/she has a right to appeal for a new trial in District Court within ten days in writing or tell the court while the landlord is there that they wish to appeal. The cost of appeal must be paid within 20 days after the judgment. The appeal fee can be waived if the tenant can show they cannot afford to pay it. There is a form, ―Petition to Sue/Appeal as an Indigent,‖ that will have to be completed and filed with the Clerk of Court. People who receive Food Stamps, Temporary Assistance to Needy families (TANF) or Supplemental Security Income (SSI) automatically qualify to have the fee waived. If the tenant does not appeal, the landlord can get an order to have the Sheriff put the tenant out. This eviction by the Sheriff generally occurs within approximately 15 days of the court hearing. D. Can tenant stay while the case is appealed to District Court? Yes. The tenant can get a ―stay of execution‖ by signing and filing a form with the Clerk of Court that says they will pay the rent to the Clerk as it comes due and pay the rent claimed to be behind, unless the Magistrate finds the amount in dispute or the tenant is appealing as an ―indigent.‖ E. Can the landlord accept rent and still evict? No. If landlord is proceeding with an eviction, they may not accept rent from the tenant. If they do, the tenant can claim that the landlord ―waived‖ the breach and defeat the eviction. F. What happens to the tenant’s property after an eviction? If the tenant is evicted through the court process and the landlord has the furniture and clothes padlocked inside the house, the tenant will have ten days to get them out from the day of the padlocking. The tenant must contact the landlord and arrange for a time during regular business hours or another time by agreement to come and remove the property. If the tenant does not remove them within those ten days, the landlord may dispose of the property in any way he/she wishes. Where the tenant leases only a space for a manufactured home, he/she will have 21 days instead of 10 days to remove the manufactured home from the rental lot. V. When the tenant seeks to enforce their rights When a tenant seeks to enforce their rights, a landlord cannot respond by attempting to evict them. Such action is illegal and the landlord may have to pay the tenant damages. Retaliatory Evictions (N.C.G.S. 42-37.1) The following tenant activities are protected by the law: Complaining or requesting that the landlord make repairs; Complaining to the housing inspector, health department or any other government agency about repair needs or unhealthy conditions; Any complaint to a landlord from the housing inspector, health department or other government agency; Any honest attempt of the tenant to enforce their rights under the lease or under state or federal law, such as filing a lawsuit and Any honest attempt to organize, join or become involved with any group of people who are trying to help tenants. Eviction is a remedy, if the tenant has breached the lease. A landlord cannot evict a tenant in retaliation for doing any of these protected activities. But the landlord can evict for not paying rent or for breaking the lease in any other way, if the lease says that the tenant can be evicted for that particular violation. What are the consequences of evicting a tenant in retaliation for protected activity? A tenant may be able to regain possession of the premises and have a claim for money damages. The damages may include loss of personal property, lost wages, cost of moving belongings, mental suffering, and other damages. VI. Protections for Victims of Domestic Violence, Sexual Assault or Stalking (Applies to leases entered into or renewed after Oct 1, 2005) Victims of domestic violence, sexual assault or stalking have certain protections and rights other tenants do not. A. Who is covered and what are those protections and rights? 1. ―Protected tenant‖ means a tenant or household member who is a victim of domestic violence under Ch. 50B of the General Statutes or sexual assault or stalking under Ch. 14 of the General Statutes. (G.S. 42-40) 2. Nondiscrimination – (G.S. 42-42.2) - A landlord shall not terminate, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate based substantially on (i) the tenant, applicant or a household member’s status as a victim of domestic violence, sexual assault or stalking or (ii) the tenant or applicant having terminated a rental agreement under G.S. 42-45.1. 3. Changing locks – (G.S. 42-42.3) – A landlord must change locks after oral or written request by a ―protected tenant‖ or tenant may do so if landlord does not, as follows: If perpetrator is not a tenant in the same dwelling unit, no documentation required and locks must be changed within 48 hours of notice. If perpetrator is a tenant in same dwelling unit, protected tenant must provide the landlord with a copy a court order barring the perpetrator from the unit and landlord has 72 hours to change locks. Once a landlord is provided with a court order requiring the perpetrator to stay away from the dwelling unit, landlord has no duty to allow access unless the court order allows for access to retrieve personal belongings and the landlord has no liability if he/she follows the law. Excluded perpetrator remains liable under the lease for rent or damages to the dwelling unit. Protected tenant bears expense of lock change and must provide key to the landlord if tenant changes lock themselves. D. Early Termination of Rental Agreement – (G.S. 42-45.1) Any ―protected tenant‖ may terminate his or her rental agreement by providing the landlord with written notice effective at least 30 days after landlord’s receipt of the notice. Notice to the landlord must be accompanied by either: (i) a copy of a valid protective order, other than an ex parte order; (ii) a criminal order restraining contact with the ―protected tenant‖; or (iii) a valid ―Address Confidentiality Program‖ card issued pursuant to G.S. 15C-4. A victim of domestic violence or sexual assault must also provide the landlord a copy of a safety plan which recommends relocation provided by a domestic violence or sexual assault program. Upon termination of the rental agreement, the ―protected tenant‖ is liable for rent prorated to the effective date of the termination notice. Perpetrator excluded from the dwelling unit and any other tenants of the dwelling unit remain liable for rent or damages to the unit. VII. Public and Subsidized Housing Tenants who reside in public housing or subsidized housing have certain rights that tenants in private housing do not. Federal law dictates how rent is figured, and how tenants are selected and evicted. What rights a tenant has depends in large part on the type of federally assisted housing a tenant lives in. This is a complex area of law. See resources for assistance below. VIII. Resources See Appendices A and B for contact information. Addendum to Appendix F: Recent Changes to NC Landlord-Tenant Laws Basic Fit Housing Laws A new NC law requires all landlords to repair ―within a reasonable period of time based on the severity of the condition‖ the following ―imminently dangerous conditions:‖ a. Unsafe wiring. b. Unsafe flooring. c. Unsafe ceilings and roofs. d. Unsafe chimneys and flues. e. Lack of drinkable water. f. Lack of operable locks on all doors leading to the outside. g. Broken windows or lack of operable locks on all windows on the ground level. h. Lack of heat for all living areas. i. Lack of operable toilet. j. Lack of operable bathtub or shower. k. Rat infestation as a result of defects in the structure. l. Excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mosquito infestation or mold. Tenants in Foreclosed Properties A new federal law, part of the ―Helping Families Save Their Homes Act of 2009‖ (Pub. L.111-22) applies to any foreclosure sale of residential properties on or after May 20, 2009 until December 31, 2012 & controls how ―bona-fide tenants‖ can be evicted after the sale of foreclosed properties. Before May 20, 2009 in NC, a tenant living in a property sold at foreclosure could be evicted by the new owner without any court hearing as long as notice was provided. That is no longer the case. a. Buyers of foreclosed properties take the property ―subject to‖ the remaining term of any Section 8 voucher lease and accompanying Housing Assistance Payment (HAP) contract or other bona-fide tenancy of any foreclosed residential rental property, and requires (1) 90 days notice to terminate any such tenancy and (2) the landlord to use NC’s court process for eviction. b. Bona-fide tenancy: (1) does not include the former owner, or the child, spouse or parent of the former owner; (2) must be the result of an arms length transaction; and (3) requires receipt of rent that is not substantially less than fair market value. c. If occupants of foreclosed residential rental property are not a Section 8 voucher recipient or other bona-fide tenant, NC law applies. See below. This will generally be cases where the former owner or his/her family is living in the property or allowing someone to stay in the property at a reduced rent. 1. Property with less than 15 rental units a. Notice of foreclosure sale shall be mailed to the tenant at least 20 days prior to the sale. b. Tenant has right to terminate lease after receiving notice of foreclosure sale by giving LL written notice effective at least 10 days after the date of the notice of sale. c. Purchaser of foreclosed property must give 10 days’ notice to tenant before obtaining order of possession from Clerk of Court. 2. Property with 15 or more rental units a. Purchaser of foreclosed property must give 30 days’ notice to tenant before obtaining order of possession from Clerk of Court. (N.C.G.S. 45- 21.29(k)(5)) – No other notice required Other Authorized Fees A new NC law allows landlords to charge certain fees for seeking to evict a tenant. Complaint Filing Fee: A lease may allow a complaint filing fee of $15.00 or 5% of the monthly rent, whichever is greater, if a landlord files a complaint for Summary Ejectment. Court Appearance Fee: A lease may allow a court appearance fee of 10% of the monthly rent if a landlord wins in Small Claims Court on a Complaint for Summary Ejectment or for Money Owed. Second Trial Fee: A lease may allow a second trial fee of 12% of the monthly rent for a new trial following an appeal of the magistrate’s judgment and the landlord wins at the second trial. Where the rent is subsidized, the fees authorized above are based on the tenant’s share of the rent only. A landlord is allowed to claim only one of the fees described above. f. The fees described above may not be deducted from a subsequent rental payment so as to make the tenant late with his/her rent. APPENDIX G: EVICTION AND TERMINATION STANDARDS FOR HOUSING CHOICE VOUCHER (SECTION 8) TENANTS The rights and responsibilities of landlords and tenants who participate in the Housing Choice Voucher Program (Section 8) are regulated by the same laws that apply to all private landlord-tenant relations. As with other tenants, Section 8 voucher holders may be evicted by the owner of the rental property. The Housing Authority does not evict Section 8 voucher tenants. However, there are additional rules that affect the eviction of Section 8 tenants. During the initial lease term and any extensions of the lease, a landlord may evict only if: the tenant seriously or repeatedly violates the terms and conditions of the lease; the tenant violates a federal, state, or local law regarding the tenants occupancy of the rental unit; the tenant, household member, guest, or other person under the tenant’s control commits a crime threatening the health, safety, or peaceful enjoyment of the premises by other residents or persons living nearby; the tenant, household member, guest, or other person under the tenant’s control commits a violent crime on or near the premises; the tenant, household member, guest, or other person under the tenant’s control commits a drug-related crime on or near the premises; the tenant or household member’s alcohol abuse threatens the health, safety, or peaceful enjoyment of the premises by other residents; the tenant or household member violates a condition of state or federal probation; the tenant flees to avoid prosecution or confinement after conviction of a felony; or for other good cause. During the first year of the lease term, the owner may not evict the tenant to use the unit for personal, family, or nonresidential use or for a business or economic reason like sale of the property, renovation, or to rent the unit at a higher rate. At the end of the lease term, the landlord may choose to terminate the lease or not to renew the lease without cause. An owner must give the tenant a written notice specifying the grounds (reasons) for terminating the tenancy which may be included either in the notice to vacate or the complaint filed in court. The landlord must give a copy of the notice to vacate to the Housing Authority. The landlord may not evict because the Housing Authority has not made a housing assistance payment. When a tenant is evicted for a serious violation of the lease the Housing Authority must propose termination of the family’s participation in the Section 8 voucher program, but the Housing Authority may decide not to terminate. Termination of Housing Choice (Section 8) Vouchers The Housing Authority may not terminate a family’s voucher without first providing notice of the grounds for the proposed termination and an opportunity for a hearing. In some cases, the Housing Authority may decide to continue assistance if certain conditions are met like removing the household member responsible for criminal activity or completion of a chemical abuse rehabilitation program. If the tenant loses a summary ejectment (eviction) trial because they failed to appear in court, the Housing Authority may not terminate the voucher without proving the grounds supporting the eviction at the termination hearing. An evicted family whose voucher assistance is not terminated is entitled to receive a voucher to locate another residence. APPENDIX H: PUBLIC HOUSING STANDARD FOR EVICTIONS The PHA may terminate the tenancy ONLY for: SERIOUS or REPEATED violations of MATERIAL terms of the lease, such as the failure to pay rent, or Other good cause. What is this ―other good cause‖? It definitely is criminal activity, alcohol abuse that threatens the health and safety of residents and employees of the PHA, material false statements to the PHA to gain admittance, refusal to accept new terms in the lease, and failure to comply w/ the community service requirement (25 CFR 966.4 (2)). But it’s also more. But what else? That varies. After many court cases, a few things stand out in determining ―other good cause‖: Since right to occupy public housing exists, there must be more than a minor infraction, and the harm must be weighed against the loss of that unit to the family. More than one court has noted that public housing may be the last hope of many to obtain safe and sanitary housing, the stated goal of public housing. There must be some ―control‖ by the tenant over the actions alleged. There, generally, is a ―right to cure‖ which is a right to fix the problem to avoid eviction. APPENDIX I: FORECLOSURE PREVENTION RESOURCES This appendix provides additional information on the actual foreclosure process, as well as additional resources. As mentioned in Chapter 4, at first sign of financial difficulty contact a housing counselor. Typical Foreclosure Process: From Being Late to the Actual Auction of Your Home First month missed payment – your lender will contact you by letter or phone. (A housing counselor can help). Second month missed payment – your lender is likely to begin calling you to discuss why you have not made your payments. It is important that you take their phone calls. Talk to your lender and explain your situation and what you are trying to do to resolve it. At this time, you still may be able to make one payment to prevent yourself from falling three months behind. (A housing counselor can help.) Third month missed payment – after the third payment is missed, you will receive a letter from your lender stating the amount you are delinquent, and that you have 30 days to bring your mortgage current. This is called a "Demand Letter" or "Notice to Accelerate". If you do not pay the specified amount or make some type of arrangements by the given date, the lender may begin foreclosure proceedings. They are unlikely to accept less than the total due without arrangements being made if you receive this letter. You still have time to work something out with your lender. (A housing counselor can still help.) Letters from the lender will stop - The mortgage company will not send you any more letters. It is now totally up to you to contact them directly as soon as possible, or through a HUD certified housing counselor. Unless you act quickly, your house will be sold at auction on the date specified. Note: The total number of days of delinquency (90, 120, 180) depends on your mortgage company. Attorney takes over - A third party or ―trustee‖ (typically an attorney) takes over your delinquent account if you have not paid the full amount or worked out arrangements. You have now incurred all attorney fees as part of your delinquency. The attorney will send a Notice of Default stating that the property will be sold. The sale date is the actual day of foreclosure. You will be notified of the date by mail, the Sheriff will hand deliver or post a notice to your door, and the sale may be advertised in a local paper. The time between the Demand or Notice to Accelerate Letter and the actual Sale varies by state. In some states, it can be as quick as 2-3 months. This is not the move-out date, but the end is near. You have until the date of sale to make arrangements with your lender, or pay the total amount owed, including attorney fees. Redemption Period – after the sale date, you may enter a redemption period, which in the state of North Carolina is 10 days after the sale. You can still reclaim your home, but you will need to pay the outstanding mortgage balance and all costs incurred during the foreclosure process. All dates are estimated and will vary according to your mortgage company. The total number of days of delinquency (90, 120, 180) depends on your mortgage company. Know Your Options Repayment Plan - Spreading the defaulted payments over a series of months, usually not more than 12-24 months. Forbearance - Similar to a Repayment Plan where lender agrees to a modified monthly payment for several months allowing the borrower to catch up. Modification - This plan involves more work, and may reduce or fix your interest rate, change your term from 30 to 40 or 50 years, or add the delinquent amount to your current amount and re-amortize (or reschedule your payments). Partial Claim - You may be able to obtain a second loan from HUD to bring you current that is repaid after the first loan is paid. This option is available only with FHA insured mortgage loans. FHA Secure - A program designed to provide an opportunity for homeowners to refinance into a prime rate FHA insured mortgage after having their adjustable rate mortgage ―reset.‖ Service Members Civil Relief Act - You may be entitled to some protections against foreclosure if you are currently or have within the last three (3) months been in military service AND joined after signing the deed that is now in foreclosure. Refinance - The lender will offer a new loan which may add an additional borrower. There must be adequate equity in the property. This cannot be done if the value of the home is less than the amount owed to the lender. Bankruptcy – Chapter 13 - Filing bankruptcy lets you pay off the ―arrearage‖ (late, unpaid payments) over the length of a repayment plan you propose—five years in some cases. In this situation, you’ll need enough income to at least meet your current mortgage payment at the same time you’re paying off the arrearage. Options If You Decide Not Keep Your Home Sell the Property - Best option if the borrower cannot afford the mortgage payment and the house is worth more than the amount owed. Other considerations include the condition of your home and how much time do you have. Assumption - If you find another borrower willing and qualified to take over your mortgage and your home, they may assume your mortgage. The new borrower must meet the lender’s criteria. Deed in Lieu - In some cases the lender will take back your property instead of holding you responsible for the mortgage loan. This requires investor approval. This option will be considered, in most cases, only after the property has been on the market for 90 days. There may be tax consequences. Short Sale - When the borrower owes more than the property is worth, it may be best to sell the property. The lender and mortgage insurer must agree to accept the lower payoff. The original homeowner may then receive a taxable income Form1099 in the amount of the underpayment. Foreclosure - This is sometimes the only option for a borrower to accept. After five years, the borrower may qualify for a new mortgage. There are tax consequences to foreclosure and credit challenges, as well. NC Counties and Serving Counseling Agency County Counseling Agency Handling Phone number Alamance - Consumer Credit Counseling Service of Greater Greensboro - 336-373-8882 Alexander - Western Piedmont Council of Government - 828-322-9191 Alleghany - Northwestern Regional Housing Authority - 828-264-6683 Consumer Credit Counseling Service of Forsyth County - 336-896-1191 Anson - Sandhills Community Action Program, Inc - 910-947-6575 Ashe - Northwestern Regional Housing Authority - 828-264-6683 Consumer Credit Counseling Service of Forsyth County - 336-896-1191 Avery - Northwestern Regional Housing Authority - 828-264-6683 Beaufort - Cumberland Community Action Program, Inc - 910-323-3192 Bertie - Choanoke Area Development Association - 252-539-4155 Bladen - Kingdom Community Development Corporation - 910-484-2722 Brunswick - Wilmington AME Zion Housing Development Corporation - 910- 815-3826 Buncombe - On Track Financial Services - 828-255-5166 Burke - Western Piedmont Council of Government - 828-322-9191 Cabarrus - Prosperity Unlimited - 704-933-7405 Caldwell - Western Piedmont Council of Government - 828-322-9191 Camden - Northeastern Community Development Corporation - 252-338- 5466 Carteret - Twin Rivers Opportunities, Inc - 252-637-3599 Caswell - Consumer Credit Counseling Service of Greater Greensboro - 336- 373-8882 Catawba - Western Piedmont Council of Government - 828-322-9191 Chatham - Triangle Family Services - 919-821-0790 Cherokee - On Track Financial Services - 828-255-5166 Chowan - River City Community Development Corporation - 252-331-2925 Clay - On Track Financial Services - 828-255-5166 Cleveland - Cleveland County Community Development Corporation - 704- 480-7701 Columbus - Wilmington AME Zion Housing Development Corporation - 910- 815-3826 Craven - Twin Rivers Opportunities, Inc - 252-637-3599 Cumberland - Kingdom Community Development Corporation - 910-484- 2722 Currituck - Northeastern Community Development Corporation - 252-338- 5466 Dare - Northeastern Community Development Corporation - 252-338-5466 Davidson - Consumer Credit Counseling Service of Greater Greensboro - 336-373-8882 Davie - Consumer Credit Counseling Service of Forsyth County - 336-896- 1191 Duplin - Cumberland Community Action Program, Inc - 910-323-3192 Durham - Triangle Family Services - 919-821-0790 Edgecombe - Rocky Mount Edgecombe Community Development Corporation - 252-442-5178 Forsyth - Consumer Credit Counseling Service of Forsyth County - 336-896- 1191 Franklin - Franklin Vance Warren Opportunity Inc - 252-492-0161 Gaston - Consumer Credit Counseling Service of Gaston County - 704-864- 7704 Gates - River City Community Development Corporation - 252-331-2925 Graham - On Track Financial Services - 828-255-5166 Granville - Franklin Vance Warren Opportunity Inc - 252-492-0161 Greene Cumberland Community Action Program, Inc 910-323-3192 Guilford - Consumer Credit Counseling Service of Greater Greensboro - 336-373-8882 Halifax - Choanoke Area Development Association - 252-539-4155 Harnett - Kingdom Community Development Corporation - 910-484-2722 Haywood - On Track Financial Services - 828-255-5166 Henderson - On Track Financial Services - 828-255-5166 Hertford - Choanoke Area Development Association - 252-539-4155 Hoke - Kingdom Community Development Corporation - 910-484-2722 Hyde - Choanoke Area Development Association - 252-539-4155 Iredell - Prosperity Unlimited - 704-933-7405 Consumer Credit Counseling Service of Forsyth County - 336-896-1191 Jackson - On Track Financial Services - 828-255-5166 Johnston - Triangle Family Services - 919-821-0790 Jones - Twin Rivers Opportunities, Inc - 252-637-3599 Lee - Kingdom Community Development Corporation - 910-484-2722 Lenoir - Cumberland Community Action Program, Inc - 910-323-3192 Lincoln - Consumer Credit Counseling Service of Gaston County - 704-864- 7704 Macon - On Track Financial Services - 828-255-5166 Madison - On Track Financial Services - 828-255-5166 Martin - Cumberland Community Action Program, Inc - 910-323-3192 McDowell - On Track Financial Services - 828-255-5166 Mecklenburg - Prosperity Unlimited - 704-933-7405 United Family Services - 704-332-9034 Mitchell - Northwestern Regional Housing Authority - 828-264-6683 Montgomery - Sandhills Community Action Program, Inc - 910-947-5675 Moore - Sandhills Community Action Program, Inc - 910-947-5675 Nash - Rocky Mount Edgecombe Community Development Corporation - 252-442-5178 New Hanover - Wilmington AME Zion Housing Development Corporation - 910-815-3826 Northampton - Choanoke Area Development Association - 252-539-4155 Onslow - Cumberland Community Action Program, Inc - 910-323-3192 Orange - Triangle Family Services - 919-821-0790 Pamlico - Twin Rivers Opportunities, Inc - 252-637-3599 Pasquotank - River City Community Development Corporation - 252-331- 2925 Pender - Wilmington AME Zion Housing Development Corporation - 910- 815-3826 Perquimans - River City Community Development Corporation - 252-331- 2925 Person - Franklin Vance Warren Opportunity Inc - 252-492-0161 Pitt - Cumberland Community Action Program, Inc - 910-323-3192 Polk - Consumer Credit Counseling Service of Carolina Foothills - 828-286- 7062 Randolph - Consumer Credit Counseling Service of Greater Greensboro - 336-373-8882 Richmond - Sandhills Community Action Program, Inc - 910-947-5675 Robeson - Kingdom Community Development Corporation - 910-484-2722 Rockingham - Consumer Credit Counseling Service of Greater Greensboro - 336-373-8882 Rowan - Consumer Credit Counseling Service of Greater Greensboro - 336- 373-8882 Salisbury Community Development Corporation - 704-638-2154 Rutherford - Consumer Credit Counseling Service of Carolina Foothills - 828-286-7062 Sampson - Cumberland Community Action Program, Inc - 910-323-3192 Scotland - Sandhills Community Action Program, Inc - 910-947-5675 Stanly - Prosperity Unlimited - 704-933-7405 Stokes - Consumer Credit Counseling Service of Forsyth County - 336-896- 1191 Surry - Consumer Credit Counseling Service of Forsyth County - 336-896- 1191 Swain - On Track Financial Services - 828-255-5166 Transylvania - On Track Financial Services - 828-255-5166 Tyrell - Choanoke Area Development Association - 252-539-4155 Union - United Family Services - 704-332-9034 Vance - Franklin Vance Warren Opportunity Inc - 252-492-0161 Wake - Triangle Family Services - 919-821-0790 Warren - Franklin Vance Warren Opportunity Inc - 252-492-0161 Washington - Choanoke Area Development Association - 252-539-4155 Watauga - Northwestern Regional Housing Authority - 828-264-6683 Wayne - Cumberland Community Action Program, Inc - 910-323-3192 Wilkes - Northwestern Regional Housing Authority - 828-264-6683 Wilson - Wilson Community Improvement Association - 252-243-4855 Yadkin - Consumer Credit Counseling Service of Forsyth County - 336-896- 1191 Yancey - Northwestern Regional Housing Authority - 828-264-6683 APPENDIX J: HUD PROGRAMS COVERED BY CONSOLIDATED PLANS As described in Chapter 5, submitting a Consolidated Plan is a required pre- requisite for states and local communities to receive block grant funding for the programs described below. Many major cities and several regions within the state receive funds directly from HUD and therefore must submit their own local Consolidated Plan. The state as a whole is covered by the state’s Consolidated Plan. The federal rules allow for a range of eligible activities for the four programs, i.e. activities that are allowed under the rules. The Consolidated Planning requirements for conducting needs assessments and a public input process are designed to assist localities in targeting their funds, within the boundaries of the eligible activities set by the federal rules, to their particular identified needs and priorities. Community Development Block Grant (CDBG) CDBG funds are used to support communities by providing decent housing and a suitable living environment, and by expanding economic opportunities. At least 70 percent of CDBG funds must be used to benefit low and moderate income households. Under the federal rules, allowable CDBG activities include: acquisition of property for public purposes; construction or reconstruction of streets, water and sewer facilities, neighborhood centers, recreation facilities, and other public works; demolition; rehabilitation of public and private buildings; public services; planning activities; assistance to non-profit entities for community development activities; and assistance to private, for profit entities to carry out economic development activities (including assistance to micro-enterprises). In North Carolina, the Department of Commerce’s Division of Community Assistance administers CDBG funds for community development activities, while funds for economic development activities are administered by the Department’s Commerce Finance Center. In 2008, North Carolina received over $60 million in CDBG funds. Funds help local governments improve deteriorating residential neighborhoods, support public services, install water and sewer facilities, and provide assistance to businesses. Category awards are funded either through competition or on a non-competitive basis. Emergency Shelter Grant (ESG) The ESG Program is designed to help states and local communities meet the basic shelter and supportive services needs of homeless people while also preventing more individuals and families from becoming homeless. Under the federal rules allowable ESG activities include: renovation, major rehabilitation, or conversion of buildings for use as emergency shelter; up to 30 percent on essential services for homeless persons; up to 30 percent on homeless prevention efforts; and shelter operating costs, such as maintenance, insurance, utilities, rent, and furnishings. The NC ESG Program is administered by the Office of Economic Opportunity in the NC Department of Health and Human Services. In 2009, North Carolina anticipates to receive $2.5 million in resources through the ESG program that are distributed to emergency shelters and transitional housing facilities across the state, to operate these facilities, provide essential social services, and to help prevent homelessness. HOME Investments Partnerships Program (HOME) The HOME Program is a formula grant of federal housing funds to participating jurisdictions. Local jurisdictions are larger cities and consortia of smaller communities (called ―participating jurisdictions‖). Under the federal rules HOME funds can be used for the following activities: rental housing production and rehabilitation loans and grants; first-time home buyer assistance; rehabilitation loans for homeowners; and tenant-based rental assistance (two-year renewable contracts). All housing developed with HOME funds must serve low - and very low- income individuals and families. For rental housing, at least 90 percent of HOME funds must benefit families whose incomes are at or below 60 percent of area median income; the remaining 10 percent must benefit families with incomes at or below 80 percent of area median income. Individual states or participating jurisdictions may have even lower income targeting for their HOME funds. To encourage affordable housing development by non-profit organizations, a minimum of 15 percent of a jurisdiction’s HOME funds must be set aside for housing that is developed by community housing development organizations (CHDOs). A CHDO is a special type of non-profit organization and has meaning only in the context of HUD's HOME Program. Generally defined, a CHDO is a non-profit, community-based organization that has staff with the capacity to own, manage, and/or sponsor affordable housing. The NC state HOME Program is administered by the N.C. Housing Finance Agency. In 2008, N.C. received $19 million in resources through the HOME program. The State’s General Assembly appropriated $1.6 million in public non-federal funds to match the federal HOME funds. Housing Opportunities for Persons with AIDS (HOPWA) The HOPWA Program funds housing and services for people living with HIV/AIDS and their families whose incomes are at or below 80 percent of area median income. Funds help local health departments, non-profit community based organizations, housing authorities, AIDS service organizations, and other interested provider agencies meet the housing needs of persons living with AIDS or related diseases, and their families. Under the federal rules eligible HOPWA activities include: housing information and referral services; acquisition, rehabilitation, and leasing of property; project-based or tenant-based rental assistance; homeless prevention activities; supportive services; housing operating costs; and technical assistance, including resource identification. The HOPWA Program is distributed under a formula that is based on AIDS surveillance information from the Centers for Disease Control and Prevention. The formula allocates 90 percent of the HOPWA appropriation to eligible states and cities, on behalf of their metropolitan area. Ten percent of HOPWA funds are awarded by competition. The NC state HOPWA Program is administered by the AIDS Care Unit in the Department of Health and Human Services. In 2009, North Carolina anticipates to receive almost $2.4 million in resources through the HOPWA program. These funds, along with other private and nonfederal resources, were available in 2006 to address the housing needs of persons living with HIV/AIDS. For more detailed information on how these funds are being used under the NC State Consolidated Plan, you can access the program reports, the annual Action Plan, and NC’s Consolidated Plan on the NC Division of Community Assistance Web site at www.ncdca.org/plan or call 919-733- 2850. For information on Consolidated Plans for the various communities that receive funding directly from HUD, contact the local community development office in that community. A listing of communities that receive these funds can be found at www.hud.gov/offices/cpd/about/budget/budget07/states/nc.xls. Summaries of selected Consolidated Plans from across the country are also available on HUD’s Web site at www.hud.gov/states.html. The above is a synthesis of information taken from North Carolina’s 2006 Consolidated Annual Performance and Evaluation Report, information from the NC Division of Community Assistance’s website (www.ncdca.org), and the Technical Assistance Collaborative’s Regional Housing Forum: A Technical Assistance Guide for Housing Resources and Strategy (2003). It is available for download on their Web site at www.tacinc.org/Pubs/housingpubs.htm.
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