Wednesday, March 30, 2011

SECOND UPDATE: The Anti-PROP Bill has landed!!!

I received the following exciting news from the Triangle Apartment Association. If you are a landlord in North Carolina you should be aware of this this bill! The initial information we have is as follows:

The opportunity that we have been waiting for is upon us- Residential Building Inspections- a.k.a. - the bill that will preempt onerous rental regulations such as; Municipal Rental Registration, Rental Inspection & PROP will be presented in the House Rules Committee Meeting (11AM-TODAY) –the Committee will vote on whether to introduce the bill. This is a new procedure and basically it means that the leadership supports the bill and they will introduce it from the committee. The bill has not been released to the General Assembly but they know the title is " Residential Building Inspections".

Over the last several years, local municipalities have targeted the multifamily rental housing community by enacting onerous & taxing ordinances such as the City of Raleigh ’s Rental Registration & PROP ordinances. As you are all aware many other municipalities are now considering enactment due to budget holes and to justify the existence of local government personnel- most recently displayed in the Clayton proposal.

If enacted this bill will be one of the BIGGEST success stories for the NC Apartment Industry! However, as you are well aware most bills see little movement & action much less enactment.

4/3/2011- The bill is now identified as: H554 Residential Building Inspections. It was filed March 30, 2011, and passed its first reading and was referred to the Committee on Commerce and Jobs.

Wednesday, March 23, 2011

Further Smoke Detector Legislaton

The laws of the United States of America and this fine state of North Carolina are full of examples of "over" legislation in an attempt to "idiot proof" society.

On March 16, 2011, a bill entitled SB 354-Rental Property/Lithium Battery Smoke Alarms was filed. SB354 would be inserted into N.C.G.S. Sec. 42-42, the "Landlord Responsibilities Statute" and would require landlords to provide 10 year lithium battery smoke alarms when installing new, or replaceing broken, smoke detectors or alarms except where:

1) The dwelling unit is equipped with a hardwired smoke alarm with a battery backup; or
2) The dwelling unit is equipped with a smoke alarm combined with a carbon monoxide alarm that meets the requirements provided in subdivision (7) of this section.

This law is probably not awful, but it is probably not necessary either, and will just add to the costs of landlords, particularly smaller landlords who do not own large new complexes where all the alarms are hardwired. It appears that the biggest winners from the law will be the makers of 10 year lithium batteries and of smoke alarms.

If you are against this legislaton I suggest that you contact your state legislator and let them know.

Assisting clients to efficiently realize their goals while minimizing there risks. I am,

Norm Praet, Esq.

Friday, March 18, 2011


Yours truly will be presenting "KEEPING IT CLEAN: 10 LAWS, RULES AND REGULATIONS YOU SHOULD BE AWARE OF!!!" on March 22, 2011 at the Triangle Real Estate Investors Association Networking and Vendor Fair.


6:00 pm – 9:30 pm
I will be speaking at 8:00 p.m.


Hilton, North Raleigh
3415 Wake Forrest Rd.
Rleigh, NC


Networking and Vendor Fair


The Triangle Real Estate Investors Association is a great group of real estate investors that has a very busy calendar with one general meeting and several more specialized meetings each month. In their own words:

What is the Triangle Real Estate Investors Association all about?

In its own words:

The mission of the Triangle Real Estate Investors Association is to provide education, training, services and opportunities for both the novice and experienced real estate investor, while promoting high standards of ethics and a positive influence in our community.

You can find out more about the Triangle Real Esate Investors Association at

Sunday, March 13, 2011

State Worried About Bed Bug Vigilantes!

The North Carolina Department of Agricultural & Consumer Services recently stated in its NC Agricultural Review that:

In the past decade, bedbugs have made a comeback across the U.S. and in North Carolina. There are several reasons for this resurgence, including an increase in international travel and commerce, high tenant turnover in apartments, and changes in pesticide use and insecticide resistance.

Agriculture Commissioner Steve Troxler advises homeowners and business owners to be aware that the effective treatment of a bedbug infestation can be costly, and they should be wary of promises of low-cost remedies.

"Bedbugs generally cannot be controlled effectively with do-it-yourself measures," Troxler said. "And many times they can't be effectively controlled with just a single visit by a pest management professional. It's important for consumers to be careful in choosing a pest management company to address bedbug problems."

You can find the full article at here.

The lesson appears to be don't just let anyone kill your bugs!

Whoever you use for pest control, as a landlord you should be developing a bed bug policy and lease rider. Whether you have one unit or one thousand units, there is significant cost in dealing with bed bugs, and your lease or lease addendum should discuss who will bear this cost, and how inspections will be done.

At a recent meeting of Triangle Apartment Association's Government Affairs Committee meeting it was decided that a Bed Bug Addendum would be made available to members of that organization. You will also want to check the Apartment Association of North Carolina for their postings on bed bug developments. As always, education is your best investment and joining these organizations will page huge dividends!

Assisting property owners' and managers to realize their goals and minimize their risks. I am

Norm Praet, Esq.
Stark Law Group, PLLC
(919) 490-5550

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Nothing in this blog shall create an attorney-client relationship. The opinions expressed herein are those of the blogger and not of the PRAET LAW FIRM, PLLC.