Bill Summary for H 773 (2013-2014)

Summary date: 

May 13 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 773 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES.
Intro. by W. Brawley, Moffitt, Hardister, Brisson.

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Bill summary

House amendment makes the following changes to the 2nd edition.

Amends GS 153A-364 and GS 160A-424, Inspections for hazardous or unlawful conditions, establishing limitations on the aggregate of targeted areas, in a county or city, in which inspections pursuant to a targeted effort to respond to blighted or potentially blighted conditions are conducted. Provides that the total aggregate of the targeted areas cannot be greater than one square mile or 5% of the area within the county, whichever is greater. Further establishes that the targeted area designated by the city or county must reflect the city's or county's neighborhood revitalization strategy and address significant levels of disrepair.

Provides that a city or county cannot adopt or enforce any ordinance requiring an owner or manager of rental property to obtain a permit or permission to lease or rent residential real property or register rental property except in regards to individual rental units that have more than seven verified violations (was, three for counties and two for cities) of housing ordinances or codes in a rolling 12 month period (previously, was not a rolling 12 month period) or upon the property being identified within the top 4% of properties with crime or disorder problems, or an individual unit with two or more violations in a rolling 30-day period (previously, the exception for two or more violations in a 30-day period was not included).  Provides that a city or county cannot levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties, except as authorized by the General Assembly (previously, an exception for the General Assembly authorization was not included).

Amends GS 153A-364 and GS 160A-424, deleting specified language in the definition of the term verified that was concerned with the non-renewal of a tenant's lease after a court finds against an owner or manager in a summary ejectment action.

Enacts new GS 153A-364(g) and (h) and GS 160A-424(g) and (h), providing that if an individual unit has a violation of GS 42-42(a)(8) and that violation cannot be corrected or cured under this section, it will be considered a verified violation. Also provides that if a city or county takes action against a unit under this section, the city or county must provide an independent review process, with an independent decision maker, where the unit owner can appeal the violation that is determined to be the responsibility of the owner.

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