Bill Summary for H 1070 (2023-2024)

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Summary date: 

Jun 26 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 1070 (Public) Filed Wednesday, May 8, 2024
AN ACT TO MODIFY VARIOUS PROVISIONS REGARDING SUMMARY EJECTMENTS AND OTHER SMALL CLAIMS MATTERS, TO MODIFY PROVISIONS REGARDING PROPERTY CRIMES, AND TO APPROPRIATE FUNDS TO THE ADMINISTRATIVE OFFICE OF THE COURTS.
Intro. by Bradford, K. Hall, Biggs, Cunningham.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Makes technical changes.

Part I

Changes the effective date of the act’s amendments to GS 7A-224 and GS 7A-228 from October 1, 2024 to October 1, 2025.

Part II

Amends GS 7A-228 requiring that a superior or district court or clerk of superior court authorizing a person to appeal as an indigent person make written findings that either: (1) include all GS 1-110 criteria that leads to the authorization of the person to appeal to district court as indigent and information or evidence used to determine the criteria exists, or (2) establish that the authorization was not based on GS 1-110 criteria and the information or evidence used to determine that the person would otherwise be authorized to appeal as an indigent. Changes the grounds for a plaintiff to move to dismiss a defendant’s summary ejectment appeal so that the plaintiff is authorized to do if the defendant failed to raise a defense orally or writing in small claims court and also either failed to perform one of two listed obligations in the statute. (Currently, GS 7A-228 lists failure to raise defense as one of listed obligations in the statute and does not give priority to any of the obligations).

Removes provisions from GS 42-34 that would have: (1) stayed an order for at least ten days that is issued as part of an indigent appeal determining that appellant’s payment of rent in arrears is not required to stay execution pending appeal; (2) provided for notice to the clerk and all parties; (3) allowed the plaintiff-appellee to request a hearing before the clerk regarding the determination during the period the order is stayed and requires they provide notice to all parties; (4) required the clerk to set a hearing date within ten calendar days of the filing of the motion with notice to all parties; (5) prevented any writ of possession or other execution of the magistrate's judgment from taking place (i) during the stay of a determination regarding the payment of rent in arrears or (ii) while a plaintiff-appellee's motion is pending; and (6) imposed charges to the clerk’s office for each day past the five-business day deadline, not to exceed $500. Makes conforming changes to GS 42-31to account for clerk’s new five business day deadline to pay plaintiff certain amounts upon written request.

Part IV

Specifies that violations of new GS 14-117.8 (fraudulently renting, leasing, or advertising for sale of residential real property) is a violation GS 75-1.1 (unfair methods of competition altering or affecting commerce).