VACATION RENTALS/ORANGE CO. JAIL CONSTRUCTION. (NEW)

View NCGA Bill Details2015-2016 Session
House Bill 151 (Public) Filed Tuesday, March 3, 2015
AN ACT TO AMEND THE VACATION RENTAL ACT TO CLARIFY THE ROLE OF REAL ESTATE BROKERS IN TRANSACTIONS BETWEEN LANDLORDS AND TENANTS, TO PROTECT MEMBERS OF THE ARMED FORCES BY ALLOWING TERMINATION OF RENTAL AGREEMENTS UPON TRANSFER OR REDEPLOYMENT, TO CLARIFY THE PROCEDURE FOR AWARDING AND COLLECTING CERTAIN COURT FEES IN EVICTION PROCEEDINGS, AND TO ALLOW AMENDMENTS TO A LEASE OF REAL PROPERTY TO ORANGE COUNTY TO FACILITATE JAIL CONSTRUCTION.
Intro. by Tine, Setzer, J. Bell, Jackson.

Status: Ch. SL 2016-98 (House Action) (Jul 18 2016)

SOG comments (1):

Long title change

Senate committee substitute to the 2nd edition changed the long title. Original long title was AN ACT TO INCREASE THE FAIRNESS AND EQUITY OF THE PROPERTY INSURANCE RATE-MAKING PROCESS BY PROVIDING FOR GREATER TRANSPARENCY REGARDING THE ROLE OF CATASTROPHE MODELING IN PROPERTY INSURANCE RATE FILINGS, BY PROVIDING THAT MODELED LOSSES IN A PROPERTY RATE FILING BE PROPERLY ALLOCABLE TO NORTH CAROLINA, AND BY REQUIRING THE RATE BUREAU TO DESIGNATE IN A FILING THAT PORTION OF THE RATE IN EACH TERRITORY ALLOCABLE TO WIND AND HAIL.

Bill History:

H 151/S.L. 2016-98

Bill Summaries:

  • Summary date: Jul 20 2016 - More information

    AN ACT TO AMEND THE VACATION RENTAL ACT TO CLARIFY THE ROLE OF REAL ESTATE BROKERS IN TRANSACTIONS BETWEEN LANDLORDS AND TENANTS, TO PROTECT MEMBERS OF THE ARMED FORCES BY ALLOWING TERMINATION OF RENTAL AGREEMENTS UPON TRANSFER OR REDEPLOYMENT, TO CLARIFY THE PROCEDURE FOR AWARDING AND COLLECTING CERTAIN COURT FEES IN EVICTION PROCEEDINGS, AND TO ALLOW AMENDMENTS TO A LEASE OF REAL PROPERTY TO ORANGE COUNTY TO FACILITATE JAIL CONSTRUCTION. Enacted July 18, 2016. Effective July 18, 2016, except as otherwise provided.


  • Summary date: Jun 29 2016 - More information

    Conference report makes the following changes to the 5th edition.

    Deletes the proposed changes to GS 42-36.2(a) concerning a sheriff's execution of a writ for possession of real property.

    Amends GS 42-46 to vacate a fee awarded by a magistrate to the landlord when the tenant appeals the judgment of the magistrate and the magistrate's judgment is vacated (was, vacate the fee if the tenant appeals the judgment of the magistrate).

    Clarifies that all of Part I of the act is effective July 1, 2016, and that nothing in Part I of the act, containing changes to the Vacation Rental Act, summary ejectment, and residential rental agreements, is applicable to or affecting litigation pending on that date.


  • Summary date: Jun 16 2016 - More information

    Senate amendments make the following changes to the 4th edition.

    Amendment #2 makes technical changes to amendment #1, and makes the following changes. Amends GS 42A-31 to require the landlord of a residential property used for a vacation rental who receives written notification from the tenant that a carbon monoxide alarm needs to replaced or fixed to replace or repair the alarm within 3 days of receiving the notification (was, within a commercially reasonable time after receiving the notification). Also requires that the landlord ensure that the alarm is operable and in good repair at least every six months (was, annually).


  • Summary date: Jun 14 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends proposed GS 42A-33, concerning the responsibilities and liability of a real estate broker in managing a vacation rental property, by adding a real estate firm managing a vacation rental property on behalf of a client to the civil immunity provision of proposed subsection (b). Also, changes the civil immunity provision to provide protection from personal liability to a real estate broker or firm in any civil action between the landlord and tenant solely because the real estate broker or firm fails (previously, if the real estate broker fails) to identify the landlord of the property in the vacation rental agreement.

    Amends GS 42-44, concerning the general remedies, penalties, and limitations of Article 5 of GS Chapter 42, Residential Rental Agreements, as amended by the act, by adding "real estate firm managing a rental property on behalf of a landlord" to the civil immunity provision of proposed subsection (c1). Also, changes the civil immunity provision to now provide protection from personal liability to a real estate broker or firm as defined in GS 93A-2 in any civil action between the landlord and tenant solely because the real estate broker or firm fails (previously, if the real estate broker fails) to identify the landlord of the property in the rental agreement.


  • Summary date: May 31 2016 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the act's short and long titles.

    Deletes all of the provisions of the previous edition and replaces it with the following.

    Amends GS 42A-4, the definitions section for the Vacation Rental Act, adding and defining advanced payments and landlord. Makes conforming changes, including changes to GS 93A-2.

    Amends GS 42A-19(b) concerning the transfer of property subject to a vacation rental agreement, providing that a real estate broker, if holding advanced rents at the time of the termination of the landlord's interest, can deduct earned management fees from the advanced rents transferred to the landlord's successor in interest. If such a deduction is made, the landlord is responsible to the successor in interest for the amount deducted.

    Amends GS 42A-31, Landlord to provide fit premises, adding clarifying language to the requirement to comply with the building and housing code, providing that no new requirement is imposed if a structure is exempt from a current building or housing code. Adds a requirement that landlords of a residential vacation rental must provide a minimum of one operable carbon monoxide alarm per rental unit per level, approved and certified as specified. Includes several other provisions concerning the installation and maintenance of the carbon monoxide alarms. Provides that the carbon monoxide requirement only applies to units having a fossil fuel burning heater, appliance, or fireplace or any attached garage. Provides that operable detectors installed before January 1, 2015, are deemed to be in compliance with this requirement.

    Enacts GS 42A-33, Responsibilities and liability of real estate brokers, establishing five responsibilities that a real estate broker has when managing a vacation rental property on behalf of a landlord, including managing the property in accordance with the written agency agreement and verifying that the landlord has installed operable smoke detectors and carbon monoxide alarms. Exempts such real estate brokers from liability as a party in any civil action between the landlord and tenant if the broker fails to identify the landlord of the property in the vacation rental agreement.

    Enacts GS 42A-37, Early termination of vacation rental agreement by military personnel, allowing members of the Armed Forces who have executed a vacation rental agreement to cancel the agreement if they receive (1) an order for deployment with a military unit overlapping the rental period or (2) permanent change of station orders to relocate before the beginning of the rental period by providing a written notice of termination within ten calendar days of receiving the orders. Requires copies of the orders or written verification by a commanding officer for cancellation. Includes various other provisions regarding the permitted cancellation, including that this termination right extends to a military member's spouse.

    Amends GS 42-36.2(a) concerning execution of writs for possession of property, making a clarifying change.

    Enacts subsection GS 42-44(c1) making conforming changes to remedies, penalties, and limitations, exempting real estate brokers from liability as a party in any civil action between the landlord and tenant if the broker fails to identify the landlord of the property in the vacation rental agreement.

    Amends GS 42-46(f) concerning court-appearance fees, clarifying that if a tenant appeals the judgment of the magistrate as provided for in this subsection, then any fee awarded by a magistrate to the landlord under this subsection will be vacated. Makes clarifying changes to the catchline of this section.

    The above provisions are effective July 1, 2016.

    Directs the Department of Administration, upon agreement by Orange County (County), to amend its land lease to the County in the following ways to provide for the construction of a new jail: (1) to allow the County to grant a leasehold deed of trust in the land and buildings for up to 40 years, (2) to allow mortgage holders to foreclose and evict the County from premises upon default, and (3) to extend the dates for beginning and ending construction and the dates for completion of construction and occupation by 18 months. Provides that these leasehold amendments would not be required to be submitted to the Governor or Council of State for approval. Provides that once the amendments are made, any term or provision to the contrary is deemed to be of no effect. Requires lease amendments to be in a form as such that the Secretary of Administration may approve. 


  • Summary date: Mar 24 2015 - More information

    House committee substitute to the 1st edition makes technical changes to punctuation.


  • Summary date: Mar 3 2015 - More information

    Amends GS 58-36-10, method of rate making; factors considered, to add the requirement for making and using rates that if the Rate Bureau presents any modeled hurricane losses with a property insurance rate filing, the Bureau must present data from more than one such model. Also provides that the Commissioner of Insurance can consider modeled hurricane losses presented by the Rate Bureau.

    Amends GS 58-36-15, adding subsections (d2) and (d3). Subsection (d2) requires a specified minimum amount of supporting data to be included in any property insurance rate filing where a catastrophe model is used. Subsection (d3) requires the Rate Bureau, in all residential property insurance rate filings, to set out, according to the territories in North Carolina, (1) the portion of the rate based on all risks, with the exception of wind and hail and (2) the portion of the rate based on the consideration of risks and the costs of reinsurance for wind and hail. The rates are to be posted by territory, on the Department of Insurance website, including the distinctions of the rates as described above.

    Effective August 1, 2015, applying to filings by the Rate Bureau on or after that date. 


Printer-friendly: Click to view