N.C. Gen. Stat. § § 95-229.1
Actions upon finding uninhabitable migrant housing.
Operative Text
If the Department of Labor of North Carolina determines that housing provided to migrants under this Article is uninhabitable, but is not reasonably expected to cause death or serious physical harm, the migrants shall be allowed to remain in the housing for a reasonable period, not to exceed 14 days, while the operator locates alternative housing or makes necessary repairs to make the housing habitable. No additional civil penalties arising from the condition of the housing shall be levied against the operator during the 14-day period after the housing has been determined to be uninhabitable in which the migrants are allowed to remain in the housing. The alternative housing shall be provided at the same rate or less than the rate paid by the migrants for the uninhabitable housing. If the Director determines, after recommendation by an inspector, that housing provided to migrants could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated, the migrants shall not be allowed to stay in the housing, and alternative housing shall be provided by the operator at the same rate or less than the rate paid by the migrants for the uninhabitable housing. (2007-548, s. 5.1.)
Under N.C. Gen. Stat. § 95-222 et seq. § 95-229.1, when the North Carolina Department of Labor finds migrant housing uninhabitable but not immediately life-threatening, occupants may remain for up to 14 days while the operator arranges repairs or alternative housing, and no additional civil penalties related to the housing condition accrue during that window. If the housing is found to pose an immediate risk of death or serious physical harm, migrants must vacate immediately and the operator must provide alternative housing. In either scenario, any alternative housing must be offered at the same or lower cost than what migrants were paying for the uninhabitable unit.
Plain English — not legal advice.
Operators of migrant housing covered by N.C. Gen. Stat. § 95-222 et seq. § 95-229.1 who receive a Department of Labor uninhabitability determination generally act promptly to either repair the deficiencies or secure alternative accommodations within the 14-day grace period. When the Director determines that conditions could cause immediate death or serious physical harm, compliant operators arrange alternative housing before migrants are required to leave, and at no greater cost than the original rate. Maintaining documentation of repair timelines, inspector communications, and housing cost comparisons reflects the kind of recordkeeping consistent with operating under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Migrant workers living in housing subject to N.C. Gen. Stat. § 95-222 et seq. § 95-229.1 have a right to remain in place for up to 14 days after an uninhabitability finding that does not pose an immediate life-threatening danger, and to receive alternative housing at no higher cost if the operator cannot make timely repairs. If an inspector and the Director determine the housing poses an immediate risk of death or serious physical harm, the operator is required to provide alternative housing at the same or lower rate right away. Migrants who believe these protections are not being honored may contact the North Carolina Department of Labor or a local tenant-rights or farmworker-advocacy organization to learn about available complaint processes.
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 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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