Disclaimer: This is not legal advice. This blog is for information purposes only. For legal help, contact Pisgah Legal Services Monday – Friday, 8:30 am – 5:00 pm: (828) 253-0406 or toll free 1-800-489-6144, or apply online here.
As we transition from rescue to recovery in the wake of Hurricane Helene, we will soon get a better sense of how many people have been displaced in Western North Carolina. Unfortunately, fair housing violations and housing scams proliferate after any natural disaster, and we are already hearing reports of activities targeting vulnerable renters and homeowners in WNC. Therefore, it is critically important to know about your rights as a renter or homeowner during a natural disaster, and to be aware of common housing scams to avoid.
Important: Your housing rights do not change after a natural disaster
The most important thing to keep in mind at this time is that housing rights do not significantly change due to a natural disaster. You can learn more about housing rights in North Carolina here.
Eviction
In North Carolina, there are no immediate eviction protections in place following a natural disaster. However, tenants’ rights also remain intact. As long as a tenant continues to pay rent and is within their lease term, the tenant has a right to remain on the property. It is illegal for a landlord to evict a tenant in any way other than through the legal eviction process. A landlord cannot force a tenant to leave, even if there is damage to the property. Learn more about tenants’ rights in NC here.
Some courts in Western NC are closed and not currently hearing eviction cases, while others are transitioning to eCourts. Visit nccourts.gov to check the status of your local court.
For current eviction cases, NC Chief Justice Newby has issued an order extending filing deadlines in impacted counties. For tenants, this order should extend the deadline to file appeals of small claims court eviction judgments. The deadline applies to any filings that came due between September 26 and October 14 will be extended to EOB October 14th.
Lease Termination
Landlords cannot terminate a lease due to damage to their property, nor can they force someone to leave the property due to damage.
However, a tenant can terminate a lease due to damage to their rental unit. The tenant must send a written notice of termination to the landlord within 10 days of the damage. Due to the widespread communication and outages and the inaccessibility of some properties, there may be some leeway on this 10-day timeframe.
Rent
If the tenant intends to stay in their rental unit, then they must continue to pay rent, even if there is damage to the property. The tenant can potentially sue for rent abatement due to damages, but this is not a guarantee, especially given the current disruption to the courts.
Repairs
Following a natural disaster, landlords still have a duty to repair damages to their property. However, due to the difficult terrain and the process of receiving disaster assistance, repairs may take time. As stated above, a tenant can terminate a lease due to damage to their rental unit. However, if they wish to remain on the property, they must continue to pay rent. Tenants may sue for rent abatement due to damages to their unit, but this is not a guarantee, especially given the current disruption to the courts.
Tenants of Subsidized Housing
If there is an imminent health and safety risk due to damage from a natural disaster, a Public Housing Authority may choose to relocate residents through the following options:
- Relocate tenants to other available public housing units
- Provide tenants with Section 8 Housing Choice Vouchers
Tenants of subsidized housing can still apply for FEMA Individual Assistance, which can also provide temporary housing assistance.
If the relocation provided by a Public Housing Authority does not meet the needs of a disabled tenant, they can file a reasonable accommodation request.
Predatory Home Buyers
Following a disaster, predatory home buyers may make all-cash offers or offer to buy homes and/or lots in any condition. Their offers are often far less than the value of the home/lot, and they are exploiting the vulnerability of homeowners who may be concerned about their losses or in need of cash in the immediate aftermath of disaster. Do not sign anything or accept any home purchase offer until you have spoken to a lawyer.
Fraudulent Contractors
Fraudulent contractors may contact you about home repairs. According to North Carolina law, any repairs over $40,000 must be completed by a licensed contractor. To verify the qualifications of a contractor, ask for their ID and look them up online before agreeing to repairs. If possible, do not pay them cash upfront, and do not disclose how much money you received in disaster assistance.
Fair Housing Violations
Fair housing violations are common in the aftermath of a natural disaster, but housing rights have not changed. Examples of fair housing violations include:
- Shelters requiring ID or proof of residence
- Shelter restrictions such as not allowing families with children or not allowing assistance animals
- Not providing reasonable accessibility accommodations to people with disabilities, or attempting to shelter people with disabilities in nursing homes or other restrictive settings
- Not distributing aid to areas with migrant farmworkers
Learn more about your fair housing rights here.
Get Legal Help
Pisgah Legal Services is Western NC’s resource for free legal advice, pro bono lawyers, and community legal services. To contact Pisgah Legal Services, call (828) 253-0406 or toll free 1-800-489-6144, or apply online here.
Legal Aid of North Carolina also provides support to North Carolinians who are unable to afford an attorney. To learn more about Legal Aid NC’s disaster assistance resources and services, click here.
