The state agency that has been the subject of WRAL reporting for years, including the topic of a WRAL documentary, is now facing new complaints. 

In October, Shasmekia and Carl Davis filed a lawsuit against the North Carolina Office of Recovery and Resiliency, which oversees ReBuild NC. It also names the State of North Carolina and Shepherd Response, LLC as defendants.

Other WRAL Top Stories

The Davises, through their attorney Ashley Skaff, declined to comment. 

The lawsuit contends the defendants violated the couple's "fair housing right to be free from discrimination based on disability." It explains that Shasmekia Davis has a disability for which she uses a wheelchair, yet states that the home was not built to meet her needs, despite repeated requests.

The filing says that the couple's New Bern home was "severely damaged" by Hurricanes Matthew and Florence in 2016 and 2018, and that, in May 2022, Carl Davis "applied to Defendant NCORR for housing and disaster relief assistance under the CDBG-DR Homeowner Recovery Program operating as ReBuild NC."

The lawsuit claims Shasmekia Davis still has not been able to move into the mobile home, which was delivered two years ago, because it is not wheelchair accessible.

"She has had to live elsewhere at great financial cost to her and her husband and has been isolated from their family because she cannot live with them," it reads.

It notes accessibility issues with the kitchen, bathroom, and even with the ramp that provides entry to the home. 

"The ramp at the back entrance of the Davis’s home does not meet ADA guidelines and has no accessible route, the entrance of the route being opposite the driveway and through soft dirt and mud such that Ms. Davis’s wheelchair cannot operate. In addition, the ramp has a slope exceeding the maximum allowable incline making it impossible for Ms. Davis to use it safely without assistance," it states.

On Wednesday, Oct. 29, WRAL Investigates emailed NCORR questions about the claims in the lawsuit, including:

  • Did ReBuild NC make a mistake in the type of home provided to the Davis family?
    • Will ReBuild NC make amendments to the home or provide a new home?
      • Is ReBuild NC committed to complying with laws regarding ADA compliance?

        NCORR has not yet provided answers to those questions. 

        WRAL Investigates also contacted defendant Shepherd Response, LLC on Nov. 17 and again on Dec. 9 by phone and email to seek comment on the lawsuit. We have not yet received a response. 

        WRAL also sought comment from the state about the claims in the lawsuit. A spokesperson for the Department of Justice told us "because this is ongoing litigation, we’re unable to comment."

        Meanwhile, WRAL Investigates continues to hear complaints from others about their dealings with ReBuild NC, including from homeowner Gail Baldwin, in Clinton. She contacted WRAL because of flooring issues with the home she received through ReBuild NC about five years ago. 

        When a WRAL crew visited the home, Baldwin demonstrated how parts of the floor are visibly sunken. 

        "I'm sort of afraid to walk in the house, afraid of it falling in," she said. "I called ReBuild and she told me that my year warranty was up and there was nothing they could do."

        WRAL Investigates emailed questions to NCORR about Baldwin's situation, also on Oct. 29, to include:

        • Does Rebuild NC stand by the quality of the homes it built?
          • Does Rebuild believe it has a responsibility to help homeowners with issues?

            The agency did not answer those questions. Instead, it sent over warranty information and complaint history for Baldwin's home, showing that after she moved into the home in 2021, she submitted several complaints for things like outlets not working, areas that needed paint touch-ups, and a brick falling off of the porch, and the documents state that workers responded and fixed many of the issues.

            A NCORR spokesperson also provided a copy of the warranty Baldwin signed, which shows that the structural warranty period is 10 years, to include"structural defects that affect the integrity of the home, such as a foundation and framing issue, or load-bearing walls." WRAL Investigates asked ReBuild NC if that would cover Baldwin's flooring issues, and has not yet received a response to that question, either.

            "I [am] really heartbroken because I’m on a fixed income," Baldwin said. "There’s no way I can afford to fix it."