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).
Bill Summaries: H1070 PROPERTY RIGHTS AND PROTECTIONS.
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Bill H 1070 (2023-2024)Summary date: Jun 26 2024 - View Summary
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Bill H 1070 (2023-2024)Summary date: May 8 2024 - View Summary
Amends GS 7A-224 so that judgment is rendered in a small claims action either when it is signed by the magistrate or rendered electronically by the magistrate (currently, judgment is only rendered when signed by the magistrate). Amends GS 7A-228 (new trials, appeals for trial de novo, how appeal is perfected, oral notice, and dismissal in small claims actions) to change references from entry of judgment to rendering of judgment. Makes language gender neutral. Effective October 1, 2024, and applies to judgments rendered on or after that date.
Amends GS 42-34 (undertaking on appeal and order staying execution for summary ejectment proceedings) as follows. Stays 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. Provides for notice to the clerk and all parties. Allows 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. Requires clerk to set a hearing date within ten calendar days of the filing of the motion with notice to all parties. Prevents 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. Requires clerk to: (1) pay plaintiff the amount of rental payments paid by defendant within five business days of plaintiff's written request for payment for the rental payments or, (2) disburse any accrued monies when it appears by a stipulation signed by all of the parties or by final order of court that an appeal has been resolved (currently, no deadline). Imposes charges to the clerk’s office for each day past the five-business day deadline, not to exceed $500. Makes language gender neutral. Effective October 1, 2024, and applies to judgments rendered on or after that date.
Amends GS 14-127 (willful and wanton injury to property) to make it a Class I felony if a person willfully and wantonly damages, injures, or destroys the residential real property of another, and that damage, injury, or destruction results in damages valued at $500, so long as the conduct is not covered under some other provision of law providing greater punishment. Effective December 1, 2024, and applies to offenses committed on or after that date.
Adds new GS 14-117.8 making it a Class H felony to rent or lease residential real property to another person knowing that the renter or lessor has no lawful ownership in the property or leasehold interest in the property and a Class I felony to list or advertise residential real property for sale knowing that the purported seller has no legal title or authority to sell the property. Effective December 1, 2024, and applies to offenses committed on or after that date.
Effective July 1, 2024, appropriates $10,000 from the General Fund to the Administrative Office of the Courts in nonrecurring funds for the 2024-25 fiscal year to implement, educate, and train on the procedures required by the act.