Bill Summary for S 395 (2025-2026)

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Summary date: 

Mar 24 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 395 (Public) Filed Monday, March 24, 2025
AN ACT TO ALLOW THE GOVERNOR TO ISSUE AN EXECUTIVE ORDER ENFORCING A RESIDENTIAL EVICTION MORATORIUM IN DECLARED STATES OF EMERGENCY.
Intro. by Applewhite.

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Bill summary

Amends GS 166A-19.20 by adding two new subsections. Subsection (c3) permits the Governor to institute a residential eviction moratorium in the emergency area by executive order (EO) when the Governor or General Assembly declares a state of emergency. Requires the Governor to find that the disaster has caused either (1) widespread displacement, (2) job loss, or (3) other economic hardships that would lead to significant increase in homelessness without the moratorium to issue this EO. Restricts the initial EO to a moratorium length less than or equal to 90 calendar days with extensions permitted in increments of 30 calendar days. Limits the moratorium’s length to 180 total calendar days.

Requires EO to remain in effect unless the Governor rescinds it and provides that the General Assembly and Council of State do not have authority to rescind, modify, or otherwise affect a moratorium issued under this subsection.

Defines “eviction” as any landlord action taken to remove a tenant, including formal eviction proceedings, nonrenewal of a lease for reasons related to nonpayment, or any other involuntary removal from a rental unit. Declares that the subsection is presumed to be valid and necessary to protect health, safety, and welfare of state residents during a declared state of emergency and requires a court to evaluate any action in accordance with this subsection under a rational basis standard.

Subsection (c4) permits the Governor to direct available state and federal funds towards rental assistance programs to mitigate financial impact on both landlords and tenants, within parameters of state and federal law, when issuing an EO under subsection (c3).

Makes changes to subsection (c) to clarify (c3) as an exception to the expiration of states of emergency. Effective when the act becomes law and applicable to executive orders issued on or after that date.