You are here

COVID-19 Information for North Carolina

The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.

State and Local Affiliates

Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.

State Legal and Regulatory Information

We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.

Shelter in Place 

Governor Roy Cooper today signed Executive Order No. 138 to modify North Carolina’s Shelter in Place order and transition to Phase 1 of slowly easing certain COVID-19 restrictions effective Friday, May 8, 2020 at 5 pm. Certain businesses remain closed as the state continues battling COVID-19. Under Phase 1, the shelter-in-place order remains in effect, which means people should still stay in their homes unless they have an essential reason to leave, like going to work, the grocery store, exercising outdoors or checking up on family members or friends.

Governor Roy Cooper and the North Carolina Department of Health and Human Services Secretary Dr. Mandy Cohen announced that North Carolina will move into Safer At Home Phase 2 of lifting COVID-19 restrictions on Friday, May 22, 2020.

State of Emergency

Governor Roy Cooper declared a state of emergency on March 10, 2020. 

Eviction

Court Order

  • Action: The Chief Justice of the State Supreme Court has suspended all cases that cannot be conducted remotely. Such cases must be scheduled or rescheduled for a date no sooner than June 1, 2020.
  • COVID-19 Related Impact Requirement: No.
  • Residents Responsible for Rent: Yes.

Rental Assistance/Housing Provider Assistance

No statewide emergency rental assistance for North Carolina.

Rent Freeze

No rent freeze is in effect at the state or local level. Local rent regulation is preempted by North Carolina Code - General Statutes § 42-14.1. Rent control.

Price-Gouging Law

Under North Carolina Code § 75.38, it is unlawful to charge a price that is unreasonably excessive for a variety of goods and services during a state of emergency. Although rental housing is not specifically identified, goods and services that preserve, protect, or sustain life, health, safety, or economic well-being may be broadly interpreted to encapsulate housing.  Excessive pricing shall be determined by whether the price charged is attributable to additional costs imposed by the seller’s supplier, the price charged exceeds the seller’s average price in the 60 days prior to the declaration, and any fluctuations occurring in the regional, national, or international market. This statutory language shall hold till the expiration of the declaration of emergency or 45 days after the declaration, whichever is earlier.