Bill Summary for H 880 (2019-2020)

Summary date: 

Apr 18 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 880 (Public) Filed Tuesday, April 16, 2019
AN ACT TO ALLOW AUTHORIZED INDIVIDUALS TO DIRECT THE REMOVAL OR DISPOSAL OF CERTAIN PERSONAL PROPERTY OF A DECEDENT LOCATED IN LEASED PREMISES AND TO AUTHORIZE COLLECTION OF CERTAIN EXPENSES RELATED TO A SUMMARY EJECTMENT PROCEEDING AND EXECUTION OF A WRIT OF POSSESSION.
Intro. by Hardister, Ross, Richardson, Hunter.

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Bill summary

Enacts GS 42-14.5 to establish that the criminal record of any prospective or current residential lessee, occupant, or guest does not make any future injury or damage arising from the lessee, occupant, or guest foreseable by the lessor or the lessor's agent. Establishes that the residential lessor or the lessor's agent is not obligated to screen for or refuse to rent because of the criminal record of a prospective or current lessee, occupant, or guest. Specifies that the statute does not prohibit a residential lessor or the lessor's agent from using a criminal background check as grounds for refusing to rent to any prospective or current lessee.

Amends GS 42-25.7 to provide that residential landlords have rights concerning the personal property of their residential tenants in accordance with GS 28A-25-2 (Effect of affidavit), as amended, in addition to other specified state law.

Amends GS 28A-25-1, Collection of property by affidavit when decedent dies intestate. Explicitly entitles the public administrator or an heir that has presented an affidavit pursuant to subsection (a) of the statute to remove or dispose of the decedent's personal property located in demised premises. 

Amends GS 28A-25-1.1, Collection of property by affidavit when decedent dies testate. Explicitly entitles the public administrator, a person named or designated by the executor in the will, or an heir that has presented an affidavit pursuant to subsection (a) of the statute to remove or dispose of the decedent's personal property located in the demised premises. 

Amends GS 28A-25-2, Effect of affidavit, to discharge or release a lessor or lessor's agent of the demised premises that removes or disposes of the personal property located in the demised premises, at the direction of an affiant authorized under GS 28A-25-1(d) and GS 28A-25-1.1(d), as enacted, to the same extent as if the lessor dealt with a duly qualified personal representative of the decedent. Adds that the lessor is not required to see to the application of the personal property or evidence of the personal property, or to inquire into the truth of any statement in the affidavit. 

Amends GS 42-46 regarding authorized fees, costs, and expenses. Now allows a landlord to charge a complaint-filing fee no more than the greater of $15 or 5% of the monthly rent if the tenant was in default of the lease, the landlord filed a summons and a complaint (was, filed and served a complaint) for summary ejectment and/or money owed, the tenant cured the default or claim, and the landlord dismissed the complaint prior to judgment. Authorizes a landlord to charge and recover from a tenant fees charged by the court for filing a complaint and a writ of possession and costs for service of the writ of possession. Current law allows the out-of-pocket expenses listed in the statute to be included by the landlord in the amount required to cure a default. Now provides that in the event of a judgment in favor of the landlord, out-of-pocket expenses not included in the judgment are chargeable to the tenant and can be collected by the landlord in any post-judgment attempt to settle or collect amounts owed, so long as the expenses and collection are allowable under the terms of the lease or agreement. Adds that nothing in the statute prohibits the landlord and tenant from reaching an agreement to resolve a dispute involving an alleged default under a lease or agreement on terms agreeable to the parties. Makes conforming changes to GS 42-51.

Enacts GS 42-36.1B to require a landlord who enters into an agreement to retain or regain possession of the demised premises, after obtaining a judgment for possession under the Chapter, to submit a motion and proposed order for relief from the judgment pursuant to GS 1A-1, Rule 60(d), to the clerk of superior court in which the judgment was entered no later than 60 days after satisfaction of the terms of the agreement. Establishes that the landlord cannot cause the issuance of an execution on the judgment once the agreement has been fulfilled. Provides for liability of the landlord for failure to file a motion and proposed order for relief, authorizing a penalty of up to $100, payment of the defendant's attorneys' fees and costs resulting from the landlord's failure to act, and the defendant's monetary damages, including unpaid rent or one month's rent under the lease or agreement, as specified.

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