As you may be aware, North Carolina signed Residential Inspection Bill SB 683 (the "Bill") into law in June 2011 in large part due to the efforts of the Apartment Association of North Carolina and it's regional branches like the Triangle Apartment Association. Unfortunately the Bill was not passed as it was originally written due to negotiations at the General Assembly and it is neither as clear nor as useful as the original proposed draft.
In light of the passage of SB 683 many North Carolina municipalities are now trying to amend their inspection ordinances or to pass new ordinances. These municipalities include Raleigh, Durham, Fayetteville, Wendell, and Charlotte, and they are having varying degrees of success. I will discuss and update you on their progress in upcoming posts.
If a municipality you have a rental property in passes a new inspection ordinance you should not assume that it complies with the Bill. When assessing whether the municipalities are complying with the Bill, key areas include:
1) Does the ordinance in question discriminate between rental and owner occupies housing?
2)Are they charging a rental inspection fee to all landlords? If so, where they doing it before June 1, 2011?
3) Are all landlord's required to take a landlord training course?
4) Do the fees charged exceed the statutory authority granted in the Bill?
If your local proposed ordinance is not legal or desirable you may be able to shape the process by voicing your opinion at the appropriate time before your local municipal council. This can be particularly effective if you involve other landlords and property managers.
If you find out about a municipality, other than those listed above passing an inspection ordinance please let me know, and I will try to get it in front of the right people to evaluate it and determine whether it is legal or not, and I will also make everyone who read these posts of the potential ordinance.
Norm Praet, Esq.
Praet Law Firm, PLLC
(919) 627-7261
