N.C. Gen. Stat. § § 41A-3

Definitions.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaFair Housing & Anti-Discrimination

Operative Text

N.C. Gen. Stat. § § 41A-3
For the purposes of this Chapter, the following definitions apply:
(1) The "Commission" means the North Carolina Human Relations Commission;
(1a) "Covered multifamily dwellings" means:
a. A building, including all units and common use areas, in which there are four or more units if the building has one or more elevators; or
b. Ground floor units and ground floor common use areas in a building with four or more units.
(1b) "Familial status" means one or more persons who have not attained the age of 18 years being domiciled with:
a. A parent or another person having legal custody of the person or persons; or
b. The designee of the parent or other person having custody, provided the designee has the written permission of the parent or other person.
The protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any person who has not attained the age of 18 years.
(2) "Family" includes a single individual;
(3) "Financial institution" means any banking corporation or trust company, savings and loan association, credit union, insurance company, or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds;
(3a) "Handicapping condition" means (i) a physical or mental impairment which substantially limits one or more of a person's major life activities, (ii) a record of having such an impairment, or (iii) being regarded as having such an impairment. Handicapping condition does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802, the Controlled Substances Act. The protections against discrimination on the basis of handicapping condition shall apply to a buyer or renter of a dwelling, a person residing in or intending to reside in the dwelling after it is sold, rented, or made available, or any person associated with the buyer or renter.
(4) "Housing accommodation" means any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals;
(5) "Person" means any individual, association, corporation, political subdivision, partnership, labor union, legal representative, mutual company, joint stock company, trust, trustee in bankruptcy, unincorporated organization, or other legal or commercial entity, the State, or governmental entity or agency;
(6) "Real estate broker or salesman" means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these persons;
(7) "Real estate transaction" means the sale, exchange, rental, or lease of real property;
(8) "Real property" means a building, structure, real estate, land, tenement, leasehold, interest in real estate cooperatives, condominium, and hereditament, corporeal and incorporeal, or any interest therein. (1983, c. 522, s. 1; 1989, c. 507, s. 1; 1989 (Reg. Sess., 1990), c. 979, s. 1(1).)
Source: Legislative text reproduced verbatim
Plain English

N.C. Gen. Stat. § 41A-3 establishes the foundational vocabulary for North Carolina's fair housing law by defining key terms used throughout the chapter. It clarifies who and what are protected, including people with disabilities (called 'handicapping conditions'), families with children under 18, and pregnant individuals, as well as what types of properties and transactions fall under the law's reach. The definitions also specify which buildings qualify as 'covered multifamily dwellings' and what counts as a 'real estate transaction,' setting the boundaries for when the chapter's protections apply.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under North Carolina's fair housing framework should be familiar with the definitions in § 41A-3, as these terms determine whether a given property, transaction, or prospective resident falls within the chapter's scope. For example, the definition of 'covered multifamily dwellings' determines which buildings must meet accessibility-related requirements, while the broad definition of 'familial status' means that households with children under 18, pregnant individuals, and those in the process of obtaining legal custody are all covered. Operators generally ensure their policies and practices align with these defined categories to avoid conduct that could be characterized as discriminatory under the chapter.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.C. Gen. Stat. § 41A-3 defines the terms that determine whether a person is protected under North Carolina's fair housing law, including broad definitions of 'familial status' and 'handicapping condition' that cover a wide range of circumstances such as pregnancy, association with a person with a disability, or having a record of a disability. Renters who believe they may have been treated differently because of one of these characteristics can look to these definitions to understand whether their situation falls within the chapter's protections. Those seeking to understand their rights may consider contacting the North Carolina Human Relations Commission—the 'Commission' as defined in § 41A-3—or a local tenant-rights organization for general information about the complaint process.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

21 U.S.C. § 802
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

Snapshot SHA:
Fetched:Oct 8, 2026, 01:22 AM UTC