Are landlords allowed to charge an application fee in accordance with Fair Housing Law?

Yes, landlords are allowed to charge an application fee in accordance with Fair Housing Law in North Carolina. However, the fee must be reasonable and must be the same for all applicants. The amount should be based on the cost of processing the application, which includes things such as credit checks, background checks, and so on. Moreover, the fee should not exceed what is necessary to cover these costs. Landlords may not demand an application fee that is higher than usual for all applicants though, or even just a few of them. It is important to note that landlords cannot discriminate against any applicant based on their protected class. This includes race, color, national origin, religion, sex, familial status, and disability. Discrimination in any of these areas is a violation of the Fair Housing Law and is illegal. It is also illegal for a landlord to require that applicants pay additional fees, such as a late fee or a “processing fee,” on top of the reasonable application fee. Additionally, landlords cannot charge a fee for the mere act of applying as it is against the Fair Housing Law. Finally, landlords cannot discriminate against an applicant by demanding an application fee up front before reviewing their application. If an application fee was requested, it must be refunded in full if the landlord chooses to deny the application.

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Are landlords allowed to charge an application fee in accordance with Fair Housing Law?

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