§ 41A-5. Proof of violation. - North Carolina Statutes

§ 41A‑5.  Proof ofviolation.

(a)        It is a violationof this Chapter if:

(1)        A person by his actor failure to act intends to discriminate against a person. A person intends todiscriminate if, in committing an unlawful discriminatory housing practicedescribed in G.S. 41A‑4 he was motivated in full, or in any part at all,by race, color, religion, sex, national origin, handicapping condition, orfamilial status. An intent to discriminate may be established by direct orcircumstantial evidence.

(2)        A person's act orfailure to act has the effect, regardless of intent, of discriminating, as setforth in G.S. 41A‑4, against a person of a particular race, color,religion, sex, national origin, handicapping condition, or familial status.However, it is not a violation of this Chapter if a person whose action orinaction has an unintended discriminatory effect, proves that his action orinaction was motivated and justified by business necessity.

(3)        A person's act orfailure to act violates G.S. 41A‑4(f).

(4)        A local government'sact or failure to act in land‑use decisions or in the permitting ofdevelopment is intended to discriminate against affordable housing. A localgovernment intends to discriminate if, in committing an unlawful discriminatoryhousing practice described in G.S. 41A‑4(g), the local government wasmotivated in full, or in any part at all, by the fact that a development orproposed development contains affordable housing units for families orindividuals with incomes below eighty percent (80%) of area median income. Itis not a violation of this Chapter if land‑use decisions or permitting ofdevelopment is based on considerations of limiting high concentrations ofaffordable housing. An intent to discriminate may be established by direct orcircumstantial evidence.

(5)        A local government'sact or failure to act has the effect, regardless of intent, of discriminatingagainst affordable housing in land‑use decisions or in the permitting ofdevelopment, as set forth in G.S. 41A‑4(g). It is not a violation of thisChapter if land‑use decisions or permitting of development is based onconsiderations of limiting high concentrations of affordable housing. It is nota violation of this Chapter if a local government whose action or inaction hasan unintended discriminatory effect proves that the action or inaction wasmotivated and justified by a legitimate, bona fide governmental interest.

(b)        It shall be nodefense to a violation of this Chapter that the violation was requested,sought, or otherwise procured by another person.  (1983, c. 522, s. 1; 1987,c. 603, s. 1; 1989, c. 507, s. 3; 2009‑388, s. 2; 2009‑533, s. 2.)