House amendment makes the following changes to the 1st edition.
Part I
Adds new definitions section (GS 42-79) to new Article 8 of Chapter 42. Defines authorized representative, contract for deed, law enforcement agency, real estate broker, residential property, tenant, and unauthorized person. Removes the contents of GS 24-80 pertaining to contents of expedited removal complaint form. Amends the listed conditions for removal of residential property of an unauthorized person illegally occupying that property by a property owner or authorized representative (was, authorized agent), so that it now includes (1) an unauthorized person has unlawfully entered the property after the property owner acquired the property and remains on or continues to reside in the residential property (was, have unlawfully entered or unlawfully remain on or continue to reside in the private property); and (2) the new condition that no rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner in connection with the occupancy of the residential property. Makes additional clarifying changes.
Adds requirement that property owner or authorized person appear before the clerk of superior court in the county where the property is located (or magistrate, if the clerk’s office is closed) and complete a sworn affidavit attesting to the required conditions on a form created by the Administrative Office of the Courts (AOC) and NC Sheriffs’ Association (Association) before bringing the affidavit to the sheriff in the county where the property is located. Requires the clerk or magistrate to sign the affidavit verifying that the property owner or the authorized representative of the property owner appeared before him or her and swore under oath or affirmation to the information contained therein. Provides for a fee to the magistrate or clerk for completion of the affidavit. Provides for warning of criminal consequences for false testimony and warning that any removed persons may have a legal claim against the affiant on the form affidavit.
Makes technical and conforming changes to GS 42-82 (removal of unauthorized persons).
Adds new GS 42-83, providing for immunity for law enforcement agencies, law enforcement officers, clerks of superior court, and magistrates complying with new Article 8 so long as the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing. Specifies that the property owner or authorized representative is not liable to an unauthorized person or any other person or entity for the loss or destruction of or damage to any personal property that arises out of or in any way relates to the removal of an unauthorized person unless the removal was wrongful.
Expands the remedy for wrongful removal under GS 42-84 to include a civil penalty ranging from $400 to $4,000.
Makes conforming changes to the AOC's September 30, 2024 deadline to complete the affidavit form. Removes reference to the Associations in the deadline.
Bill Summaries: H 984 REMOVAL OF SQUATTERS FROM PRIVATE PROPERTY.
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Bill H 984 (2023-2024)Summary date: Jun 26 2024 - View Summary
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Bill H 984 (2023-2024)Summary date: May 2 2024 - View Summary
Enacts new Article 8, concerning the expedited removal of unauthorized persons from residential property in GS Chapter 42. Adds new GS 42-79, allowing a property owner or authorized agent to request from the law enforcement agency with jurisdiction over where the residential property is located the removal of a person or persons unlawfully occupying that property if all of the following are met: (1) the requesting party is the property owner or the authorized agent of the property owner, (2) the property that is being occupied is a residential dwelling or property used in connection with a residential dwelling or is real property appurtenant to a residential dwelling, (3) an unauthorized person or persons have unlawfully entered and remain on or continue to reside in the private property, (4) the private property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered, (5) the property owner or the authorized agent of the property owner has directed the unauthorized person or persons to leave the personal property, (6) the unauthorized person or persons are not tenants as defined in GS 42-59, (7) there is no pending litigation between the property owner and the unauthorized person or persons related to the residential property, and (8) no other valid rental agreement has been entered into or formed by the property owner and the unauthorized person or persons allowing them to occupy the private property. Defines unauthorized person as a person occupying private property who has no legal claim to the property and is not entitled to occupy it under a valid rental agreement signed by the property owner or their authorized agent and who is not otherwise authorized to occupy the property. It does not mean a tenant who holds over after the lease term has expired under GS 42-26.
Provides for an effective removal complaint form under GS 42-80, which must be filed with the municipal police department, or with the county sheriff's office or county police department if the property is not located within a municipality that is subject to the territorial jurisdiction of a county law enforcement agency. Requires the Administrative Office of the Courts (AOC), in consultation with the NC Sheriffs’ Association and the North Carolina Association of Chiefs of Police, to develop the complaint form.
Specifies a process for verification of a complaint and removal of unauthorized persons by the law enforcement agency in new GS 42-81, as follows. Requires the agency to verify that the complainant is the property owner of record or authorized agent and appears entitled to relief. Gives the law enforcement agency 48 hours to remove the unauthorized person or persons from the private property. Gives the law enforcement agency the power to arrest persons for trespass, outstanding warrants, or other legal cause. Allows the law enforcement agency to charge a fee $25/hour for standing by upon the owner's request while the owner changes locks and removes the authorized person's property. Indemnifies the law enforcement agency and property owner or their authorized agent from liability to any unauthorized person or other party for loss, destruction, or damage of personal property.
Provides for a remedy for wrongful removal including possession of the property and recovery of actual costs and damages incurred, statutory damages equal to triple the fair market rent of the residence, court costs, and reasonable attorneys' fees under new GS 42-82. Specifies that new Article 8 doesn’t limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person or persons for trespassing, vandalism, theft, or other crimes.
Effective October 1, 2024.