Bill Summaries: H 773 LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS.

Tracking:
  • Summary date: May 13 2013 - More information

    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.


  • Summary date: May 9 2013 - More information

    House committee substitute to the 1st edition make the following changes. Provides that the definition of reasonable cause in GS 153A-364 and GS 160A-424 means the property (was, landlord or owner) has a history of more than two verified violations of the housing ordinances or codes within a 12-month period, or meets other specified conditions.


  • Summary date: Apr 12 2013 - More information

    Amends GS 153A-364 changing the title to read "Inspections for hazardous or unlawful conditions."

    Amends GS 153A-364(a) expanding areas the inspection department cannot discriminate between to include single-family and multifamily buildings or between owner-occupied and tenant-occupied buildings.

    Amends GS 153A-36(b) removing the requirement that inspections be "periodic" and adding the purpose that such inspections be part of a targeted effort to respond to blighted or potentially blighted conditions within a geographical area that has been designed by the county commissioners. Additionally, the targeted area must meet the requirements for a community development block grant, and the total aggregate of designated geographic areas in the county shall not be greater than one square mile. It is further specified that the county shall not discriminate between single-family and multifamily buildings or between owner-occupied and tenant-occupied buildings in its selection of housing types to be inspected in the targeted area.

    Amends GS 153A-36(c)(i) clarifying actions that a county may not take to include adoption or enforcement of any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the county to register rental property, except for those individual rental units that have more than three verified violations of housing ordinances or codes in a 12-month period or upon the property being identified within the top 4% (rather than 10%) of properties with crime or disorder problems as set forth in the ordinance. Amends GS 153A-36(c)(iii) by removing the exception referencing subsection (d). Amends GS 153A-36(c) adding subsections (iv) and (v). Subsection (iv) requires proof of registration under subsection (i) when applicable, be posted in the business office, common area, or other conspicuous place. Subsection (v) provides that any violation of a rental registration ordinance is punishable as a criminal offense.

    Amends GS 153A-36 deleting subsection (d).

    Amends GS 153A-36 adding subsection (e) defining "verified violation" as both 1) the aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential property during a 72-hour period, or 2) any violations that have not been corrected by the owner or manager within 30 days of receipt of written notice from the county of the violations.

    Amends GS 153A-36 adding subsection (f) requiring the county to notify the landlord of any crimes, disorders, or other violations that will be counted against the property owner if the property is identified by the county as being in the top 4% of properties with crime and disorder problems. Such notification is designed to allow the landlord an opportunity to correct the problems. Further, the county and the county's sheriff department is required to assist the landlord in addressing any criminal activity or aid in evicting a tenant who has been charged with a crime.

    Amends GS 160A-424 changing the title from "Periodic inspections" to "Inspections for hazardous or unlawful conditions."

    Amends GS 160A-424(a) and (b) deleting the term "periodic."

    Amends GS 160A-424(a) expanding areas the inspection department cannot discriminate between to include single-family and multifamily buildings or between owner-occupied and tenant-occupied buildings.

    Amends GS 160A-424(b) adding the purpose that inspections be part of a targeted effort to respond to blighted or potentially blighted conditions within a geographical area that has been designed by the city council. Additionally, the targeted area must meet the requirements for a community development block grant, and the total aggregate of designated geographic areas in the city shall not be greater than one square mile. It is further specified that the city shall not discriminate between single-family and multifamily buildings or between owner-occupied and tenant-occupied buildings in its selection of housing types to be inspected in the targeted area.

    Amends GS 160A-424(c)(i) changing the exception from "properties" to "individual rental units"  that have more than three verified violations in a 12-month period or upon the property being identified within the top 4% (rather than 10%) of properties with crime or disorder problems. Amends GS 160A-424(c)(iii) deleting the exception referencing subsection (d). Amends GS 160A-424(c) adding subsections (iv) and (v). Subsection (iv) requires proof of registration under subsection (i) when applicable, be posted in the business office, common area, or other conspicuous place. Subsection (v) provides that any violation of a rental registration ordinance is punishable as a criminal offense.

    Amends GS 160A-424 deleting subsection (d).

    Amends GS 160A-424 adding subsection (e) defining "verified violation" as both 1) the aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential property during a 72-hour period, or 2) any violations that have not been corrected by the owner or manager within 30 days of receipt of written notice from the city of the violations.

    Amends GS 160A-424 adding subsection (f) requiring the city to notify the landlord of any crimes, disorders, or other violations that will be counted against the property owner if the property is identified by the city as being in the top 4% of properties with crime and disorder problems. Such notification is designed to allow the landlord an opportunity to correct the problems. Further, the city and the city's police department are required to assist the landlord in addressing any criminal activity or aid in evicting a tenant who has been charged with a crime.


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