N.C. Gen. Stat. § § 41A-8
Investigation; subpoenas.
Operative Text
(a) In conducting an investigation, the Commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation: Provided, however, that the Commission first complies with the provisions of the Fourth Amendment to the United States Constitution relating to unreasonable searches and seizures. (b) The Commission may issue subpoenas to compel access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the general court of justice. (c) Upon written application to the Commission, a respondent shall be entitled to the issuance of a reasonable number of subpoenas subject to the same limitations as subpoenas issued by the Commission. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request. (d) In case of contumacy or refusal to obey a subpoena, the Commission or the respondent may petition for its enforcement in the superior court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (1983, c. 522, s. 1; 1989 (Reg. Sess., 1990), c. 979, s. 1(3).)
North Carolina General Statute § 41A-8 establishes the investigative powers of the North Carolina Human Relations Commission when it looks into potential fair housing violations. The Commission may access premises, records, and individuals, issue subpoenas, and take testimony, all while respecting Fourth Amendment protections against unreasonable searches and seizures. Respondents—those accused of a violation—also have the right to request a reasonable number of subpoenas for their own use during the investigation. If anyone refuses to comply with a subpoena, either the Commission or the respondent may seek enforcement through the superior court in the relevant district.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 41A-8, property owners and managers who become respondents in a fair housing investigation should be aware that the Commission holds broad authority to access records, copy documents, and take testimony during its inquiry. Operators who receive a subpoena or interrogatory from the Commission are generally expected to respond within the bounds set by civil litigation rules. Respondents also have the affirmative right under this provision to request their own subpoenas, which must identify the respondent by name and address and note that they were issued at the respondent's request.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 41A-8 supports tenants who file fair housing complaints by giving the North Carolina Human Relations Commission strong investigative tools, including the ability to subpoena witnesses, access records, and take testimony on a complainant's behalf. If a respondent or witness refuses to comply with a Commission subpoena, the statute allows the matter to be escalated to superior court for enforcement, helping ensure that investigations are not obstructed. Tenants who believe their fair housing rights have been violated may wish to contact a tenant-rights organization or the Commission directly to understand how these investigative procedures could apply to their situation.
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.
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