Bill Summary for H 721 (2011-2012)

Summary date: 

Jun 9 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 721 (Public) Filed Wednesday, April 6, 2011
Intro. by McCormick.

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Bill summary

House committee substitute makes the following changes to 1st edition.
Amends subdivision (9) of GS 42-42(a) to clarify that prior to leasing the premises, the landlord may obtain an inspection from a licensee under GS 106-65.24(15). Provides that the written inspection report serves as evidence of the landlord’s compliance with the inspection requirements of this subdivision. Declares that subdivision (9) and proposed GS 42-43.1 contain the sole and exclusive duties of a landlord relating to an infestation of bedbugs. Prohibits any other subsection of GS 42-42 from being construed to impose any duties or obligations on a landlord relating to an infestation of bedbugs.
Adds definitions for the following terms as used in proposed GS 42-43.1: (1) licensee has the same meaning as in GS 106-65.24(15), any person qualified for and holding a license for any phase of structural pest control and (2) neighboring units means immediately adjoining rental units that share a common wall or floor or ceiling with the premises.
Makes conforming changes, replacing the term licensed pest control company with licensee. Amends proposed GS 42-43.1 to confer responsibility on the landlord for contracting with a licensee to exterminate bedbugs if the landlord did not get an inspection from a licensee under GS 42-42(a)(9) and the tenant took initial possession of the premises less than 60 days (was, less than 30 days) before the landlord provided written notice of the inspection to the tenant. Also provides that if the landlord obtained an inspection from a licensee or at least 60 days (was, at least 30 days) have passed since the tenant took initial possession of the premises, it is the tenant’s responsibility to have the bedbugs on the premises exterminated.
Asserts that GS 42-42(a)(9), GS 42-43(a)(8), and proposed GS 42-43.1 comprise the sole and exclusive duties and responsibilities of North Carolina’s landlords and tenants relating to a bedbug infestation. Prohibits cities and municipalities from enacting or enforcing any law or ordinance that creates any additional duty or remedy for landlords or tenants relating to an infestation of bedbugs, except as provided in the specified statutes.
Makes organizational changes.
Effective October 1, 2011 (was, effective when it becomes law).

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