The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) require that renters receive known information on lead-based paint and lead-based paint hazards during sales and rentals of housing built before 1978. The government requires that renters receive specific information on lead-based paint in the housing as well as a Federal pamphlet with practical, low-cost tips on identifying and controlling lead-based paint hazards. Landlords, and their agents will be responsible for providing this information to the renter before lease of the rental home.
As a practical consideration the requirements are only likely to be enforced if a tenant complains to the EPA or HUD, or worst case scenario someone who lives at your rental home gets lead poisoning. On the other hand, compliance is not difficult, it could possibly save someone from injury, and if someone where injured in the string of rental homes they lived in, showing that you complied may insulate you from liability.
There are also very specific requirements for remediation of the home where lead based paint is present, but that is beyond the scope of this post.
WHAT IS REQUIRED (Basics):
Before ratification of a lease:
* Sellers and landlords must disclose known lead based paint and lead-based paint hazards and
provide available reports to buyers or renters.
* Landlords must give renters the pamphlet, developed by EPA, HUD, and the Consumer Product Safety Commission (CPSC), titled Protect Your Family from Lead in Your Home.
* Leasing agreements must include certain notification and disclosure language.
* Lessors, and real estate agents share responsibility for ensuring compliance.
WHAT IS NOT REQUIRED:
* The rule does not require any testing or removal of lead-based paint by sellers or landlords.
TYPE OF HOUSING COVERED:
Most private housing, public housing, Federally owned housing, and housing receiving Federal assistance are affected by this rule.
TYPE OF HOUSING NOT COVERED:
* Housing built after 1977 (Congress chose not to cover post-1977 housing because the CPSC banned
the use of lead-based paint for residential use in 1978).
* Zero-bedroom units, such as efficiencies, lofts, and dormitories.
* Leases for less than 100 days, such as vacation houses or short-term rentals.
* Housing for the elderly (unless children live there).
* Housing for the handicapped (unless children live there).
* Rental housing that has been inspected by a certified inspector and found to be free of lead-based paint.
SPECIFIC LANDLORD VIOLATIONS:
* Failure to provide information/pamphlet.
* Failure to disclose presence of lead-based paint or lead-based paint hazards.
* Failure to disclose to each agent the presence of any lead-based paint, or lead based paint hazards, and the existence of any available records or reports.
* Failure to provide any records or reports.
* Failure to include, as an attachment to (or within) the contract, the Lead Warning Statement.
* Failure to include, as an attachment to the contract, a statement by the lessor disclosing the presence of known lead-based paint, or lead-based paint hazards.
* Failure to include as an attachment, or within the contract, a list of any records or reports available to the lessor that pertain to lead hazard information, or the failure to indicate that no such list exists.
* Failure to include in the contract for lease a statement by the lessee affirming receipt of the information and the lead hazard pamphlet.
* Failure to include in the contract as an attachment, a statement by one of more of the agents involved in the transaction, that the agent has informed the lessor or the lessor's obligations and that the agent is aware of his duty to ensure compliance.
* Failure to include in the contract for lease, signatures of the lessor, agent, and lessee certifying to the accuracy of their statements, as well as dates.
* Failure to retain a copy of the completed disclosure records for no less than three years from the completion date of the lease.
PENALTIES FOR FAILURE TO COMPLY:
EPA and HUD both ,may seek civil penalties through a civil administrative action in circumstances where the violation is more serious. Egregious violations include, in general, failure to satisfy the requirements of the Regulations where the housing being sold or leased contains lead-based paint or lead-based paint hazards and is occupied or to be occupied by a pregnant woman or child under the age of 6 years. A Civil Administrative Action is initiated by preparation of an administrative complaint, which includes the penalty to be imposed. Before the penalty becomes final the violator is entitled to an administrative hearing on the matter.
The base amount of the penalty assessed for a violation is based on the nature, circumstances and extent of harm which may result, and may range from $110 to $11,000. Multiple penalties may be imposed where there are several violations in a single transaction. The base penalty amount is adjusted (upward or downward), based on factors such as the violators ability to pay, the history of prior violations, the extent of the violators culpability (that is, the extent to which the violator had knowledge of the requirements of the Regulations and/or had control over the conditions), whether the violator voluntarily reported the violation, and other factors as justice may appear to require.
LEAD DISCLOSURE FORM:
You may click here to get a copy of the required disclosure from from the EPA.
LEAD PAMPHLET ONLINE:
You may click here to get a copy of lead pamphlet.
FURTHER INFORMATION:
* For specific questions about lead-based paint and lead-based paint hazards, call the National Lead Information Clearinghouse at (800) 424–LEAD, or TDD (800) 526–5456 for the hearing impaired.
*
The EPA pamphlet and rule are available electronically and may be accessed through the Internet here.
Wednesday, August 29, 2012
Monday, August 13, 2012
RALEIGH PROP SUSPENSION!
Greetings Triangle Landlords!
We have good news, however temporary it may be.
When going to the City of Raleigh's Probationary Rental Occupancy Permit (PROP) page you are currently greeted by the following announcement:
We had heard rumors that PROP had been suspended but these were not confirmed until recently. Hopefully this is not the calm before the storm. It is not a secret that the City of Raleigh was generating substantial revenue from rental registrations. It is also not a secret that following the passage of SB 683, an act that limited cities ability to charge rental registration fees, seriously cut into Raleigh's rental registration revenue. There have been proposals put forward whereby the city will recoup its lost revenue through fines that will reach as high as $10,000.00 per property!
You may wonder what you can do as a property owner or manager. There are a few things. You can join your local Apartment Association of North Carolina affiliate such as the Triangle Apartment Association, and donate to there political action committee. Also, when the PROP changes are introduced, attend the City council meetings and voice your opposition.
We will keep you posted about PROP changes as they are introduced
Warmest regards,
Norm D. Praet, Esq.
We have good news, however temporary it may be.
When going to the City of Raleigh's Probationary Rental Occupancy Permit (PROP) page you are currently greeted by the following announcement:
Notice!
Application of the City of Raleigh's PROP Program has
been temporarily suspended due to impending revisions to the
ordinance. For that reason, the criteria and accompanying procedure
associated with PROP will not be available until a resolution has been
approved.
We had heard rumors that PROP had been suspended but these were not confirmed until recently. Hopefully this is not the calm before the storm. It is not a secret that the City of Raleigh was generating substantial revenue from rental registrations. It is also not a secret that following the passage of SB 683, an act that limited cities ability to charge rental registration fees, seriously cut into Raleigh's rental registration revenue. There have been proposals put forward whereby the city will recoup its lost revenue through fines that will reach as high as $10,000.00 per property!
You may wonder what you can do as a property owner or manager. There are a few things. You can join your local Apartment Association of North Carolina affiliate such as the Triangle Apartment Association, and donate to there political action committee. Also, when the PROP changes are introduced, attend the City council meetings and voice your opposition.
We will keep you posted about PROP changes as they are introduced
Warmest regards,
Norm D. Praet, Esq.
Sunday, August 5, 2012
TRIANGLE RESIDENTIAL RENTAL INSPECTION UPDATE
This week I am going to update you all on what is going on in the Triangle with respect to rental inspection and one other issue:
Raleigh: It appears that Raleigh is maintaining the status quo on PROP. There was a proposal to greatly increase penalties, and reduce chances to remove or reduce strikes, but it appears to be on hold. There have even been rumors that PROP enforcement been suspended.
Durham: Durham begun inspecting rental homes on July 1, 2012 under their PRIP program. They are inspecting zones 1 and 2 of their map that you can see by clicking here. Current reports are that the Durham PRIP inspectors are having difficulty gaining access to the majority of the rental homes. Durham Neighborhood Improvement Services continues to request that all eligible rental owners self certify.
Wendel: Wendel is close to instituting an inspection program of its own.
Wake County Apartment Association: The Wake County Apartment Association has suspended its meetings because it does not have a director to plan and run the meetings. After many years T. Furlow of Deaton Investments has stepped down. Any rental owners looking for a comparably focused group should visit the Independent Rental Owners meeting of the the Triangle Apartment Association. Currently, they are meeting every other month, but this may change in 2013.
Norm Praet, Esq.
Praet Law Firm, PLLC
Raleigh: It appears that Raleigh is maintaining the status quo on PROP. There was a proposal to greatly increase penalties, and reduce chances to remove or reduce strikes, but it appears to be on hold. There have even been rumors that PROP enforcement been suspended.
Durham: Durham begun inspecting rental homes on July 1, 2012 under their PRIP program. They are inspecting zones 1 and 2 of their map that you can see by clicking here. Current reports are that the Durham PRIP inspectors are having difficulty gaining access to the majority of the rental homes. Durham Neighborhood Improvement Services continues to request that all eligible rental owners self certify.
Wendel: Wendel is close to instituting an inspection program of its own.
Wake County Apartment Association: The Wake County Apartment Association has suspended its meetings because it does not have a director to plan and run the meetings. After many years T. Furlow of Deaton Investments has stepped down. Any rental owners looking for a comparably focused group should visit the Independent Rental Owners meeting of the the Triangle Apartment Association. Currently, they are meeting every other month, but this may change in 2013.
Norm Praet, Esq.
Praet Law Firm, PLLC
Sunday, July 29, 2012
2012 Landlord Tenant Law Changes or How to Accept Partial Payment and Still Evict
On June 11, 2012, the Governor signed House Bill 493 into law as Session Law 2012-17, appropriately entitled "Landlord Tenant Law Changes." Although signed on June 11, 2012, the Law is not effective until October 1, 2012.
The Law passage is due in large part to the efforts of the Apartment Association of North Carolina and the North Carolina Realtors. The Law changes aspects of several different areas of landlord-tenant law. A summary of the changes is set forth below:
The provision that will likely be of greatest interest is the"Partial Payment" provision. It is important to note that that in order to gain the benefit of the statute you must have the language required by the Law included in your lease.
Legal Disclaimer This site is intended for general informational purposes only and does not provide any legal advice nor create any attorney-client relationship. Statutes and case law vary from jurisdiction to jurisdiction. Information presented here may not be applicable to any individual situation. You should consult a licensed attorney in your jurisdiction for legal advice relating to your specific situation. The opinions expressed herein are those of the author and not of Praet Law Firm, PLLC. All material in this blog copyright 2009-2012.
The Law passage is due in large part to the efforts of the Apartment Association of North Carolina and the North Carolina Realtors. The Law changes aspects of several different areas of landlord-tenant law. A summary of the changes is set forth below:
1.
APPEALS: Clarifies that tenant is required to pay
rent during pendency of case appealed to district court;
2. ABANDONED PROPERTY:
a.
Donate raised from $500 to $750
b.
Discard raised from $100 to $500
3.
PARTIAL PAYMENT OF RENT:
a.
In
an action for ejectment based upon G.S. 42-26(a)(2), the lease may provide that the landlord's acceptance of partial
rent or partial housing subsidy payment does not waive the tenant's breach for
which the right of reentry was reserved, and the landlord's exercise of such a
provision does not constitute a violation of Chapter 75 of the General
Statutes.
4.
SECURITY DEPOSIT: Clarifies that upon termination
a.
You may deduct commission to realtor/property
manager for reletting if tenant breaches lease.
5.
DEATH OF A TENANT: Streamlines process for
removal of tenant possessions and reletting home if tenant passes away.
The provision that will likely be of greatest interest is the"Partial Payment" provision. It is important to note that that in order to gain the benefit of the statute you must have the language required by the Law included in your lease.
Legal Disclaimer This site is intended for general informational purposes only and does not provide any legal advice nor create any attorney-client relationship. Statutes and case law vary from jurisdiction to jurisdiction. Information presented here may not be applicable to any individual situation. You should consult a licensed attorney in your jurisdiction for legal advice relating to your specific situation. The opinions expressed herein are those of the author and not of Praet Law Firm, PLLC. All material in this blog copyright 2009-2012.
Monday, May 7, 2012
Faster Summary Ejectments Through Speedy Filer!
The Praet Law Firm has contracted with Speedy Filer to enable us to provide a system that allows our clients to submit summary ejectment actions at any time, as well as find out the status of their cases at any time, all through an easy to use computer portal program.
You can learn more about Speedy Filer by clicking here: www.speedyfiler.com. Speedy Fler has enabled us to reduce our charges for summary ejectment filings and initial appearance.You can learn more about us at www.praetlaw.com.
If you would like any further information please feel free to call us at (919) 627-7261.
You can learn more about Speedy Filer by clicking here: www.speedyfiler.com. Speedy Fler has enabled us to reduce our charges for summary ejectment filings and initial appearance.You can learn more about us at www.praetlaw.com.
If you would like any further information please feel free to call us at (919) 627-7261.
Monday, February 6, 2012
NC RESIDENTIAL INSPECTION LAW
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
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
Sunday, October 30, 2011
WHO CAN MANAGE RESIDENTIAL PROPERTY IN NORTH CAROLINA?
Where would you even look to find the answer to this question?
Other than asking a knowledgeable landlord tenant attorney, or reading this blog (published by a knowledgeable landlord tenant attorney), the Real Estate Commission website has a lot of information for anyone who is interested in the regulation of real estate in North Carolina.
First Question: What is Property Management?
According to the NC Real Estate commission, the term "property management" encompasses a broad range of complex activities, it may in its simplest form be said to consist of (1) procuring suitable tenants for rental property, (2) collecting rents/security deposits, (3) providing for the care and maintenance of the leased premises, and (4) maintaining records regarding the property.
Second Question: Who Can Manage Real Property?
The list is pretty short: 1) a licensed realtor; 2)the property owner; 3) employees of the property owner if the owner is a corporation; 3)a manager in the owner's limited liability company (the manager means in the formal LLC sense, but they do not have to also be a member); and clerical, maintenance or janitorial personnel or other person~ who are not involved in the renting' or leasing of real estate.
Third Question: Who Is An Employee of the Owner?
To determine whether persons are regular employees of the property owner (as opposed to agents or independent contractors), the Real Estate Licensing Board applies the following tests:
Does the property owner personally exercise strict control and supervision over such persons?
Does the property owner compensate these persons on a salary basis rather than on a commission or transactional basis?
Does the property owner pay social security taxes on their earnings?
If the answer to any of these questions is "no", then a presumption is raised that the person is not, in fact, an employee of the property owner, and therefore a real estate license would be required in order for this person to handle real estate transactions for the owner.
Fourth Question: Can a Real Estate Broker Form a Management Company And Employ Unlicensed Individuals to Manage Property Under His Supervision?
In a word, NO.
Fifth Question: Is It Really A Big Deal If I Manage A Property Without Authority?
To act as an agent in the leasing or renting of real estate without the required license(s) is a criminal offense.
When employing a management company you should confirm that they are licensed to manage property in North Carolina. As a final thought, not all management companies are equally knowledgeable and effective. Make sure that they are experienced and keep abreast of the constantly changes laws and ordinances that affect your property and your tenants.
Norman D. Praet, Esq. - Assisting owners and managers of rental property.
Other than asking a knowledgeable landlord tenant attorney, or reading this blog (published by a knowledgeable landlord tenant attorney), the Real Estate Commission website has a lot of information for anyone who is interested in the regulation of real estate in North Carolina.
First Question: What is Property Management?
According to the NC Real Estate commission, the term "property management" encompasses a broad range of complex activities, it may in its simplest form be said to consist of (1) procuring suitable tenants for rental property, (2) collecting rents/security deposits, (3) providing for the care and maintenance of the leased premises, and (4) maintaining records regarding the property.
Second Question: Who Can Manage Real Property?
The list is pretty short: 1) a licensed realtor; 2)the property owner; 3) employees of the property owner if the owner is a corporation; 3)a manager in the owner's limited liability company (the manager means in the formal LLC sense, but they do not have to also be a member); and clerical, maintenance or janitorial personnel or other person~ who are not involved in the renting' or leasing of real estate.
Third Question: Who Is An Employee of the Owner?
To determine whether persons are regular employees of the property owner (as opposed to agents or independent contractors), the Real Estate Licensing Board applies the following tests:
Does the property owner personally exercise strict control and supervision over such persons?
Does the property owner compensate these persons on a salary basis rather than on a commission or transactional basis?
Does the property owner pay social security taxes on their earnings?
If the answer to any of these questions is "no", then a presumption is raised that the person is not, in fact, an employee of the property owner, and therefore a real estate license would be required in order for this person to handle real estate transactions for the owner.
Fourth Question: Can a Real Estate Broker Form a Management Company And Employ Unlicensed Individuals to Manage Property Under His Supervision?
In a word, NO.
Fifth Question: Is It Really A Big Deal If I Manage A Property Without Authority?
To act as an agent in the leasing or renting of real estate without the required license(s) is a criminal offense.
When employing a management company you should confirm that they are licensed to manage property in North Carolina. As a final thought, not all management companies are equally knowledgeable and effective. Make sure that they are experienced and keep abreast of the constantly changes laws and ordinances that affect your property and your tenants.
Norman D. Praet, Esq. - Assisting owners and managers of rental property.
Wednesday, September 21, 2011
Blogger Speaking at Triangle Apartment Affairs Meeting on September 22, 2011
What: Triangle Apartment Association: Independent Rental Owners Committee Meeting
Subject: Landlord Liability
When: September 22, 2010
Where: 3739 National Dr # 202
Raleigh, NC 27612-4844
(919) 782-1165
Norman D. Praet, Esq. presents the following:
LANDLORD LIABILITY; A property owner has a duty to provide their tenants a reasonably safe environment. This duty comes from a number of areas: 1) statutory law; 2) contract law; and 3) negligence law. Examples of statutory law are the landlord’s duties to provide fit premises as set out in N.C. Gen. Stat. 42-42. Contract law liability is based on the representations in your lease, and the implied warranties that surround the lease. Negligence claims (you had a duty and you breached it) include property defects, safety, and hiring. With all of these potential areas of liability a landlord must stay informed. I will address the potential legal pitfalls in these three areas and what you can do to avoid them.
Subject: Landlord Liability
When: September 22, 2010
Where: 3739 National Dr # 202
Raleigh, NC 27612-4844
(919) 782-1165
Norman D. Praet, Esq. presents the following:
LANDLORD LIABILITY; A property owner has a duty to provide their tenants a reasonably safe environment. This duty comes from a number of areas: 1) statutory law; 2) contract law; and 3) negligence law. Examples of statutory law are the landlord’s duties to provide fit premises as set out in N.C. Gen. Stat. 42-42. Contract law liability is based on the representations in your lease, and the implied warranties that surround the lease. Negligence claims (you had a duty and you breached it) include property defects, safety, and hiring. With all of these potential areas of liability a landlord must stay informed. I will address the potential legal pitfalls in these three areas and what you can do to avoid them.
Friday, August 12, 2011
Impact Fees for New Apartment Construction in Cary
The town of Cary is considering imposing impact fees on new multi-family construction despite Wake County's repeal of such fees because they stifle growth. You can read the Cary News article on the issue here.
If you are involved in the multi-family industry in Cary you should consider letting the Cary Town Council know what you think about these fees. You can find information about the Cary Town Council here. Just remember, if you don't try to make a difference you can't complain about the results.
If you are involved in the multi-family industry in Cary you should consider letting the Cary Town Council know what you think about these fees. You can find information about the Cary Town Council here. Just remember, if you don't try to make a difference you can't complain about the results.
Tuesday, August 2, 2011
Chapel Hill Rental Owners Beware!!! Again.
The following appeared yesterday on WRAL, they just don't make it very easy to re-post:
Chapel Hill to begin ticketing front-yard parkers
Chapel Hill, N.C. — Chapel Hill plans to start cracking down on people who park their cars in front yards, issuing two notices to homeowners before steep daily fines kick in.
The town's new Land Use Management Ordinance, which goes into effect Monday, prohibits parking areas from taking up more than 40 percent of the front yard. It also requires areas used for parking be paved or covered in gravel.
Residents who continue to park on the front lawn after Monday will receive two warnings, town officials said, before fines of $100 per day are imposed. Citations will be issued to property owners, not tenants.
The ordinance was passed to primarily address complaints about the unsightliness of front-yard parking on rental properties where multiple students live, officials said.
Some homeowners, however, think the town is overstepping its bounds.
"I pay taxes on this land," said Chapel Hill resident Louise Felix, who parks her pickup truck on the grass in her front yard every day.
"This is my yard, I should be able to park anything I want to park on it," she said.
Felix said she will not hesitate to sue if she receives a front-yard parking citation.
"I would take them to court... and I would not think another thing about it," she said.
Reporter: Adam Owens
Photographer: Bill Herrero
Web Editor: Bridget Whelan
Copyright 2011 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Chapel Hill to begin ticketing front-yard parkers
Chapel Hill, N.C. — Chapel Hill plans to start cracking down on people who park their cars in front yards, issuing two notices to homeowners before steep daily fines kick in.
The town's new Land Use Management Ordinance, which goes into effect Monday, prohibits parking areas from taking up more than 40 percent of the front yard. It also requires areas used for parking be paved or covered in gravel.
Residents who continue to park on the front lawn after Monday will receive two warnings, town officials said, before fines of $100 per day are imposed. Citations will be issued to property owners, not tenants.
The ordinance was passed to primarily address complaints about the unsightliness of front-yard parking on rental properties where multiple students live, officials said.
Some homeowners, however, think the town is overstepping its bounds.
"I pay taxes on this land," said Chapel Hill resident Louise Felix, who parks her pickup truck on the grass in her front yard every day.
"This is my yard, I should be able to park anything I want to park on it," she said.
Felix said she will not hesitate to sue if she receives a front-yard parking citation.
"I would take them to court... and I would not think another thing about it," she said.
Reporter: Adam Owens
Photographer: Bill Herrero
Web Editor: Bridget Whelan
Copyright 2011 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Thursday, June 30, 2011
New Court Fees for Evictions and Law Suits Starting July 1, 2011!
Justice gets a bit more expensive in North Carolina starting July 1, 2011.
New Fees:
Magistrate(eviction or small claims): $96
District Court(eviction appeals and collections above $5,000): $150
Endorsement of Original Summons and A & P Summonses: $15
Motions: $20
If you would like more information, the courts memo on fee changes can be found here, and the fee chart can be found here.
New Fees:
Magistrate(eviction or small claims): $96
District Court(eviction appeals and collections above $5,000): $150
Endorsement of Original Summons and A & P Summonses: $15
Motions: $20
If you would like more information, the courts memo on fee changes can be found here, and the fee chart can be found here.
Thursday, June 23, 2011
NEW PINE STRAW ORDINANCE IN DURHAM!
At the June 6 City of Durham Council Meeting the Council unanimously adopted a Pine Straw Ordinance.
The ordinance says that no pine straw or any other landscaping material with a fire rate of spread of more than 24 inches per minute shall be placed within 10 feet of buildings with combustible exterior construction. Town homes with common walls are included in this ordinance. One-and two-family dwellings are exempt from the ordinance which is consistent with the North Carolina Residential Building Code.
Starting July 1, 2011, businesses will be asked to come into compliance with the ordinance within 20 days. If a business experiences hardship with removing or distancing pine straw from the buildings, we are asking that they submit a letter to the Fire Prevention Division stating the need for the hardship request and a time frame for compliance with the ordinance.
For the possibility of a financial hardship(s) your property may have in getting the pine straw either moved farther away from the building (at least 10 feet) or having it removed, you should direct your written hardship to Assistant Fire Marshal Eddie Reid. His email address is Edward.Reid@durhamnc.gov or he can be reached at 919 -560-4233 ext. 19246.
For more information please visit City of Durham FAQ Pine Straw Ordinance.
Norm Praet, Esq.
North Carolina Landlord Tenant Lawyer
The ordinance says that no pine straw or any other landscaping material with a fire rate of spread of more than 24 inches per minute shall be placed within 10 feet of buildings with combustible exterior construction. Town homes with common walls are included in this ordinance. One-and two-family dwellings are exempt from the ordinance which is consistent with the North Carolina Residential Building Code.
Starting July 1, 2011, businesses will be asked to come into compliance with the ordinance within 20 days. If a business experiences hardship with removing or distancing pine straw from the buildings, we are asking that they submit a letter to the Fire Prevention Division stating the need for the hardship request and a time frame for compliance with the ordinance.
For the possibility of a financial hardship(s) your property may have in getting the pine straw either moved farther away from the building (at least 10 feet) or having it removed, you should direct your written hardship to Assistant Fire Marshal Eddie Reid. His email address is Edward.Reid@durhamnc.gov or he can be reached at 919 -560-4233 ext. 19246.
For more information please visit City of Durham FAQ Pine Straw Ordinance.
Norm Praet, Esq.
North Carolina Landlord Tenant Lawyer
Wednesday, June 22, 2011
CONGRATULATIONS AANC! THE RESIDENTIAL BUILDING INSPECTIONS BILL IS NOW LAW!!
Congratulations to the Apartment Association of North Carolina, the Triangle Apartment Association, and all who supported the Residential Buildings Inspections Bill. On June 23, 2011, the Residential Inspections Bill, H 683 became law in North Carolina.
This bill was developed by the AANC in response to Raleigh's Probationary Rental Occupancy Ordinance, and other similar programs, that impose significant fees on landlords with little benefit to either the the landlords or tenants of North Carolina.
Key provisions of the law provide:
• A prohibition mandatory inspections/pre-occupancy inspections. The City of Durham made no attempt to hide the fact that they wanted a City-wide inspection program, and this law stops such proposals in their tracks.
• For many owner/operators, fees will drop by thousands of dollars per-property: only $50 for properties that have 20 or more rental units; $25.00 for properties that have 4 to 19 units; and $15 for properties with three or less units.
• Better yet, only cities with EXISTING registration programs can charge fees. At present, only the Town of Garner and City of Raleigh have such ordinances in place. Effective June 1, no other locality may create one -- another huge achievement!
Norm Praet, Esq.
North Carolina Landlord Tenant Lawyer
This bill was developed by the AANC in response to Raleigh's Probationary Rental Occupancy Ordinance, and other similar programs, that impose significant fees on landlords with little benefit to either the the landlords or tenants of North Carolina.
Key provisions of the law provide:
• A prohibition mandatory inspections/pre-occupancy inspections. The City of Durham made no attempt to hide the fact that they wanted a City-wide inspection program, and this law stops such proposals in their tracks.
• For many owner/operators, fees will drop by thousands of dollars per-property: only $50 for properties that have 20 or more rental units; $25.00 for properties that have 4 to 19 units; and $15 for properties with three or less units.
• Better yet, only cities with EXISTING registration programs can charge fees. At present, only the Town of Garner and City of Raleigh have such ordinances in place. Effective June 1, no other locality may create one -- another huge achievement!
Norm Praet, Esq.
North Carolina Landlord Tenant Lawyer
Sunday, June 19, 2011
FREE: Mr. Landlord to Speak at TREIA Meeting: Free to Members and Guests
Jeffrey Taylor, Mr. Landlord, is speaking at this month's Triangle Real Estate Investors Association Meeting on June 21. This event is free to members and guests and the details from TREIA are as follows:
TREIA Monthly Meeting - Mr. Landlord
How to Fill Any Vacancy in 72 Hours For Top Market Rent, in a Competitive Market
Eliminate your landlording headaches! Do far more than just survive as a landlord. Jeffrey Taylor will show you how to fill your vacancies fast, even in a competitive market!
With real estate prices still low and many former homeowners who will need to rent due to foreclosures and other financial and credit related issues, there may not be a better time to purchase income properties to hold long-term to rent or offer rent-to-own opportunities. For an inexperienced investor, what could be one of their greatest financial moves could become their biggest nightmare without professional guidance.
If you are currently managing rental properties, are a successful real estate investor, or if you’re considering becoming a landlord, then you won’t want to miss Jeffrey’s presentation. He’ll completely transform the way you see landlording.
Download Flyer
Speaker Information:
Jeffrey Taylor is known nationwide as “Mr. Landlord,” and has taught thousands of real estate investors, landlords and managers how to fill their vacancies in just 72 hours and keep residents for 6 years.
He’s the author of the bestselling books The Landlord's Survival Guide & The Landlord's Kit. He’s America’s #1 landlording coach, a successful landlord with over 25 years experience and founder of MrLandlord.com, home of the most visited landlord Q&A website in the nation for rental owners.
Date and Time
Start Date: 06/21/2011 Start Time: 6:00 PM
End Date: 06/21/2011 Approx. End Time: 9:00 PM
Registration Deadline: 06/21/2011 Meet Time: 6:30 AM
Event Leader
Keith Turnbull
Contact Leader
919876688 H
919-673-3454 M
Event Cost
Prepayment Required
Pricing Option Name Price Deadline
Members Free 06/21/2011
Guests Free 06/21/2011
Location (More Detail)
Event Location: Hilton - North Raleigh
Address: 3415 Wake Forest Road , Raleigh , NC 27609-7330
Directions: From the Beltline: Follow I-440 to Exit #10 (Wake Forest Rd). Make Left at light off exit, hotel is 1/4 North on the left.
Although you will still need advice for landlording in North Carolina, Mr. Landlord has a lot to offer! It is definitely worthwhile to check him out.
TREIA Monthly Meeting - Mr. Landlord
How to Fill Any Vacancy in 72 Hours For Top Market Rent, in a Competitive Market
Eliminate your landlording headaches! Do far more than just survive as a landlord. Jeffrey Taylor will show you how to fill your vacancies fast, even in a competitive market!
With real estate prices still low and many former homeowners who will need to rent due to foreclosures and other financial and credit related issues, there may not be a better time to purchase income properties to hold long-term to rent or offer rent-to-own opportunities. For an inexperienced investor, what could be one of their greatest financial moves could become their biggest nightmare without professional guidance.
If you are currently managing rental properties, are a successful real estate investor, or if you’re considering becoming a landlord, then you won’t want to miss Jeffrey’s presentation. He’ll completely transform the way you see landlording.
Download Flyer
Speaker Information:
Jeffrey Taylor is known nationwide as “Mr. Landlord,” and has taught thousands of real estate investors, landlords and managers how to fill their vacancies in just 72 hours and keep residents for 6 years.
He’s the author of the bestselling books The Landlord's Survival Guide & The Landlord's Kit. He’s America’s #1 landlording coach, a successful landlord with over 25 years experience and founder of MrLandlord.com, home of the most visited landlord Q&A website in the nation for rental owners.
Date and Time
Start Date: 06/21/2011 Start Time: 6:00 PM
End Date: 06/21/2011 Approx. End Time: 9:00 PM
Registration Deadline: 06/21/2011 Meet Time: 6:30 AM
Event Leader
Keith Turnbull
Contact Leader
919876688 H
919-673-3454 M
Event Cost
Prepayment Required
Pricing Option Name Price Deadline
Members Free 06/21/2011
Guests Free 06/21/2011
Location (More Detail)
Event Location: Hilton - North Raleigh
Address: 3415 Wake Forest Road , Raleigh , NC 27609-7330
Directions: From the Beltline: Follow I-440 to Exit #10 (Wake Forest Rd). Make Left at light off exit, hotel is 1/4 North on the left.
Although you will still need advice for landlording in North Carolina, Mr. Landlord has a lot to offer! It is definitely worthwhile to check him out.
Sunday, June 12, 2011
Welcome Changes to the Homeowner/Homebuyer Protection Act
As many of you are probably aware, in 2010 a series of regulations was foisted on landlords who extended an option to purchase the rental property that they were leasing through a law known as the Homeowner and Homebuyer Protection Act, or SB 1015.
Well, it is now 2011 and the real estate investors are in a somewhat friendlier climate. Not sitting idly by, members of the Triangle Real Estate Investors Association and other NC REIA's have secured sponsorship of H654, revisions to the new Homeowner/Homebuyer Protection Act.
Some of the key provisions of the revisions to the Act include:
* Revising the definition of a lease agreement covered by the acts regulations to remove all leases that do not apply a portion of the rent to the option;
* Clarifies that a contract under which the potential purchaser is obligated to buy the property is not a covered option agreement;
* Clarifies that if the seller does not take any payments on the option prior to closing then a payment at closing does not create an equitable right of redemption;
* Allows an injured party to sue under the Unfair and Deceptive Trade Practices Act("UDTPA), but does not declare any violation of the Act an automatic violation of the UDTPA;
* The Act also makes some common sense changes to the requirements pertaining to Land Sale Contracts; and
* With respect to the so called "mortgage rescue scam protections" the Act provides that although a landlord who purchases a property from someone in foreclosure and allows them to remain as a tenant must obtain an appraisal on the property within 90 days of the purchase, he is no longer required to make sure the appraisal is delivered within 3 days of receipt.
This bill deserves your support.
Currently H 654 has passed through the House and is now in the Senate Commerce Committee. Please take some time and contact your local senators and members of the Senate Commerce Committee and let them know that you support H 654!
Well, it is now 2011 and the real estate investors are in a somewhat friendlier climate. Not sitting idly by, members of the Triangle Real Estate Investors Association and other NC REIA's have secured sponsorship of H654, revisions to the new Homeowner/Homebuyer Protection Act.
Some of the key provisions of the revisions to the Act include:
* Revising the definition of a lease agreement covered by the acts regulations to remove all leases that do not apply a portion of the rent to the option;
* Clarifies that a contract under which the potential purchaser is obligated to buy the property is not a covered option agreement;
* Clarifies that if the seller does not take any payments on the option prior to closing then a payment at closing does not create an equitable right of redemption;
* Allows an injured party to sue under the Unfair and Deceptive Trade Practices Act("UDTPA), but does not declare any violation of the Act an automatic violation of the UDTPA;
* The Act also makes some common sense changes to the requirements pertaining to Land Sale Contracts; and
* With respect to the so called "mortgage rescue scam protections" the Act provides that although a landlord who purchases a property from someone in foreclosure and allows them to remain as a tenant must obtain an appraisal on the property within 90 days of the purchase, he is no longer required to make sure the appraisal is delivered within 3 days of receipt.
This bill deserves your support.
Currently H 654 has passed through the House and is now in the Senate Commerce Committee. Please take some time and contact your local senators and members of the Senate Commerce Committee and let them know that you support H 654!
Tuesday, June 7, 2011
REVISITING RECAPTURE PROVISIONS IN NORTH CAROLINA LEASES!
How Recapture Works
It was a common stick and carrot method of encouraging compliance with your rules and it was included in very many leases. You give the tenant more favorable terms, such as reduced rent, if they follow the rules and pay on time. If the tenant at some point stops following the rules or paying on time you are entitled to reimbursement for all or a portion of the reduced rent returned to you. It is nice getting $25 taken off your rent each month, but it is very painful having to repay 10 months of the $25 concession at once.
This worked very well, for a while.
What Happened?
The State of North Carolina stepped in and once again inserted itself where it did not belong, in the landlord-tenant relationship. N.C. Gen Stat. 42-46 was passed setting maximum allowable fees by landlords. N.C. Gen. Stat. 42-46 provides:
(a) In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions of this subsection, to be chargeable only if any rental payment is five days or more late. If the rent:
(1) Is due in monthly installments, a landlord may charge a late fee not to exceed fifteen dollars ($15.00) or five percent (5%) of the monthly rent, whichever is greater.
(2) Is due in weekly installments, a landlord may charge a late fee not to exceed four dollars ($4.00) or five percent (5%) of the weekly rent, whichever is greater.
You are probably wondering what this has to do with recapturing rent concessions.
Unfortunately the answer could be - everything. Due to the amounts in question there is not much case law interpreting North Carolina landlord tenant statutes. This means much of landlord tenant law in North Carolina is a role of the dice. There is currently a class action suit pending in Wake County asserting that recapture is a form of late fee and should be subject to the 5%/$15 set out above.
As you know, news tends to travel among tenants, and as soon as one brings a suit challenging this provision they will get others to join.
But wait, there's more.
It starts with Friday.
I usually like Fridays too but not in this case. In 2003 we learned from the North Carolina Court of Appeals that a "Landlord constituted a “debt collector,” as defined in the North Carolina Debt Collection Act (NCDCA), where landlord sought to recover past due rent and related charges", in Friday v. Union Dominion Realty Trust, Inc., 155 N.C.App. 671, 575 S.E.2d 532 (NC App. 2003). In Friday, the Court went on to hold that a violation of North Carolina's late fee law (NCGS 42-46) was also a violation of the Unfair and Deceptive Trade Practices Act (UDTPA). This is bad news because violations of the UDTPA allow a court to award treble damages and the tenant's attorneys fees. Therefore, if recapture of previous rent concessions violates the late fee statute it is also probably violates the UDTPA.
So, if you could be subjecting yourself to treble damages and having to pay the tenant's attorney's fees, are those recapture provisions really worth it? You would probably be better advised to cancel a concession rate (i.e. the rent increases from $800 to market rate of $875 after the violation) rather than attempting to recapture previous months preferential rate difference.
The court has not yet ruled on the Wake County class action, and if it is like most cases, it may not get to because the case will settle. However, it is likely that Legal Services is aware of this case as are other tenant's attorneys, so this issue will probably come up again.
It was a common stick and carrot method of encouraging compliance with your rules and it was included in very many leases. You give the tenant more favorable terms, such as reduced rent, if they follow the rules and pay on time. If the tenant at some point stops following the rules or paying on time you are entitled to reimbursement for all or a portion of the reduced rent returned to you. It is nice getting $25 taken off your rent each month, but it is very painful having to repay 10 months of the $25 concession at once.
This worked very well, for a while.
What Happened?
The State of North Carolina stepped in and once again inserted itself where it did not belong, in the landlord-tenant relationship. N.C. Gen Stat. 42-46 was passed setting maximum allowable fees by landlords. N.C. Gen. Stat. 42-46 provides:
(a) In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions of this subsection, to be chargeable only if any rental payment is five days or more late. If the rent:
(1) Is due in monthly installments, a landlord may charge a late fee not to exceed fifteen dollars ($15.00) or five percent (5%) of the monthly rent, whichever is greater.
(2) Is due in weekly installments, a landlord may charge a late fee not to exceed four dollars ($4.00) or five percent (5%) of the weekly rent, whichever is greater.
You are probably wondering what this has to do with recapturing rent concessions.
Unfortunately the answer could be - everything. Due to the amounts in question there is not much case law interpreting North Carolina landlord tenant statutes. This means much of landlord tenant law in North Carolina is a role of the dice. There is currently a class action suit pending in Wake County asserting that recapture is a form of late fee and should be subject to the 5%/$15 set out above.
As you know, news tends to travel among tenants, and as soon as one brings a suit challenging this provision they will get others to join.
But wait, there's more.
It starts with Friday.
I usually like Fridays too but not in this case. In 2003 we learned from the North Carolina Court of Appeals that a "Landlord constituted a “debt collector,” as defined in the North Carolina Debt Collection Act (NCDCA), where landlord sought to recover past due rent and related charges", in Friday v. Union Dominion Realty Trust, Inc., 155 N.C.App. 671, 575 S.E.2d 532 (NC App. 2003). In Friday, the Court went on to hold that a violation of North Carolina's late fee law (NCGS 42-46) was also a violation of the Unfair and Deceptive Trade Practices Act (UDTPA). This is bad news because violations of the UDTPA allow a court to award treble damages and the tenant's attorneys fees. Therefore, if recapture of previous rent concessions violates the late fee statute it is also probably violates the UDTPA.
So, if you could be subjecting yourself to treble damages and having to pay the tenant's attorney's fees, are those recapture provisions really worth it? You would probably be better advised to cancel a concession rate (i.e. the rent increases from $800 to market rate of $875 after the violation) rather than attempting to recapture previous months preferential rate difference.
The court has not yet ruled on the Wake County class action, and if it is like most cases, it may not get to because the case will settle. However, it is likely that Legal Services is aware of this case as are other tenant's attorneys, so this issue will probably come up again.
Friday, June 3, 2011
The Anti-Prop Bill Needs Your Help Now More Than Ever!
Today from the Triangle Apartment Association:
Dear Industry Leaders,
As some of you are aware, SB 683 was pulled from the committee meeting yesterday. Sen Hunt is looking to amend language to potentially compromise with the bill’s opposition. To what extend, we are unsure at this time however the article below states that Sen Hunt may change language to include the allowance of “reduced fees”. TAA strongly believes there is no benefit or service that is attached to the fee nor has there been any justification as to where the fees are going- the bottom line TAA believes any fee imposed is an additional tax burden placed on renters!
PLEASE contact Senator Hunt 919.733.5850 or neal.hunt@ncleg.net & THANK him for his leadership on the bill & ask him to stay the course.
TAA is working on several things; rebuttal to the article below, letters to the editor, mobilizing members to contact Sen Hunt and TAA has contacted Sen Hunt’s office to get a quick meeting to share the last two years of Raleigh Rental Registration/enforcement data.
We need your HELP!! Please contact Senator Hunt & thank him for his leadership in sponsoring the bill and ask him to stay the course!! Please feel free to share with your groups and anyone that is impacted by this legislation!!
Thanks in advance for your immediate attention to this EXTREMELY important legislative initiative!
Dear Industry Leaders,
As some of you are aware, SB 683 was pulled from the committee meeting yesterday. Sen Hunt is looking to amend language to potentially compromise with the bill’s opposition. To what extend, we are unsure at this time however the article below states that Sen Hunt may change language to include the allowance of “reduced fees”. TAA strongly believes there is no benefit or service that is attached to the fee nor has there been any justification as to where the fees are going- the bottom line TAA believes any fee imposed is an additional tax burden placed on renters!
PLEASE contact Senator Hunt 919.733.5850 or neal.hunt@ncleg.net & THANK him for his leadership on the bill & ask him to stay the course.
TAA is working on several things; rebuttal to the article below, letters to the editor, mobilizing members to contact Sen Hunt and TAA has contacted Sen Hunt’s office to get a quick meeting to share the last two years of Raleigh Rental Registration/enforcement data.
We need your HELP!! Please contact Senator Hunt & thank him for his leadership in sponsoring the bill and ask him to stay the course!! Please feel free to share with your groups and anyone that is impacted by this legislation!!
Thanks in advance for your immediate attention to this EXTREMELY important legislative initiative!
Thursday, June 2, 2011
Showdown Thursday AM on Senate Bill 683, Residential Inspections - ANTI-PROP Bill!!
From our friends at the Triangle Apartment Association
Dear North Carolina Apartment Leader:
We are on the calendar in the Senate Commerce Committee on Thursday at 11:00 for the Apartment Association-sponsored bill - Senate Bill 683 - that would curb random/mandatory/universal/systematic inspections of rental housing by municipal officials. We need you to contact the members of the N.C. Senate Commerce Committee - attached - and urge them to support the bill. Note that if this bill does not make it out of Committee, it cannot be considered by the full Senate.
**Owners & Operators in Raleigh & other localities that charge rental registration fees- this legislation will save you hundreds & in some cases thousands of dollars!!**
The Inspection Bill Talking Points are attached, and they should help you frame the issue - in your own words - in communicating with the Senate Committee Members. We favor Senate Bill 683 because it is what we stand for in delivering affordable and efficient housing. Our message is, "Inspections of sound housing are a waste of time and money."
* Please contact Senate Commerce Committee Members & ask them to Support Senate Bill 683.
* Tell the General Assembly Members that the apartment industry offers a much needed service by providing housing to citizens who, either by choice or other circumstances. may not want to or able to purchase a home. Local governments are forcing property owners to register rental units and in some cases submit to annual periodic inspections by government personnel in addition to requiring occupancy permits (PROP) at the discretion of governmental officials.
* Fees associated with these programs are usually far beyond the actual cost and only drive up the cost of affordable rental housing. Most local governments already have regulations on the books that address code issues and if existing laws were enforced, there would be no need for new rental regulations.
Please contact the Senators via phone or e-mail TODAY. If you have limited time please prioritize and contact the Triangle delegation committee members, those members are highlighted in yellow in the attached Senate Commerce Committee list. Leave a message with their Legislative Assistant. Parlay any relationships you may have with the Senators. Emphasize that you live in or have properties in their District. Please pass this alert on to as many apartment professionals as you can TODAY. The cities and housing advocates are mustering a campaign against the Bill, so we need to mount a strong, widespread industry blitz of support. Can we count on you? Thank you.
Tuesday, May 31, 2011
NORTH CAROLINA BED BUG BILL NEEDS YOUR SUPPORT!
The following is a call to action sent out by the Triangle Apartment Association today requesting that all landlords act to support the Bed Bug Bill. Here it is:
House Bill 721 is being heard in the House Commerce & Job Development Committee (tomorrow) Wednesday, June 1 at 10:00AM.
HB 721 attempts to clarify North Carolina public policy by articulating certain duties and “safe harbors” for the respective parties:
Landlords shall not knowingly lease apartments with Bed Bug problems;
Tenants have a duty to report any Bed Bug infestation within 5 days of suspecting it;
Landlords may obtain an inspection from a licensed pest control company that a dwelling unit is Bed Bug-free; such inspection is conclusive evidence for Landlord compliance with the law;
When inspection reports are issued to Landlords, subsequent infestation treatment is assumed to be the Tenant’s responsibility;
Tenants in so-called “source apartments” may be responsible for infestation treatment in adjacent apartments;
Failure of Tenants to comply can result in a.) Landlord contracting for an infestation treatment and billing the Tenant; b.) termination of the tenancy; or c.) pursuit of damages.
We encourage all TAA members (and interested landlords) to contact Committee members and ask them to support the bill. Below please find talking points and a list of contact information for all House Commerce & Job Development Committee Members.
Landlord Tenant Bedbug Liability Talking Points
Bedbugs are a increasingly persistent threat to public health, and incidents of bedbug infestation are increasing across the state;
Current law offers little guidance or clarity on issues of liability and landlords are often left to deal with unreported infestations;
Unreported infestations are much more costly to mitigate, and can spread to adjacent units, leading to higher housing costs statewide;
This legislation would prohibit landlords from offering for lease or entering into a rental agreement for any premises that the landlord knows to be infested by bedbugs;
Landlords are responsible for providing safe and healthy conditions for their tenants; however, tenants also have a responsibility to maintain healthy conditions;
House Bill 721 recognizes the limits of current science regarding bedbugs, by allowing landlords to seek an inspection before a unit is rented or requiring them to treat any bed bugs within a 60-day grace period in newly rented units;
House Bill 721 also provides incentives to tenants to be mindful of infestation symptoms and report infestations quickly, leading to lower mitigation costs and reduced risk of infestations spreading.
House Commerce and Job Development Committee
2011-12 Members
Representative Daniel F. McComas, Chair
New Hanover County
919-733-5786
Danny.McComas@ncleg.net
Representative William Brawley, Vice Chair
Mecklenburg County
919-733-5800
Bill.Brawley@ncleg.net
Representative D. Craig Horn, Vice chair
Union County
919-733-2406
Craig.Horn@ncleg.net
Representative Carolyn H. Justice, Vice Chair
New Hanover, Pender Counties
919-715-9664
Carolyn.Justice@ncleg.net
Representative Tim D. Moffitt, Vice Chair
Buncombe County
919-715-3012
Tim.Moffitt@ncleg.net
Representative Phil R. Shepard, Vice Chair
Onslow County
919-715-9644
Phil.Shepard@ncleg.net
Representative Fred F. Steen, II, Vice Chair
Rowan County
919-733-5881
Fred.Steen@ncleg.net
Representative Mike C. Stone, Vice Chair
Harnett, Lee Counties
919-715-3026
Michael.Stone@ncleg.net
Representative Alma Adams
Guilford County
919-733-5902
Alma.Adams@ncleg.net
Representative Kelly M. Alexander, Jr.
Mecklenburg County
919-733-5778
Kelly.Alexander@ncleg.net
Representative Marilyn Avila
Wake County
919-733-5530
Marilyn.Avila@ncleg.net
Representative Larry M. Bell
Sampson, Wayne Counties
919-733-5863
Larry.Bell@ncleg.net
Representative James L. Boles, Jr.
Moore County
919-733-5903
Jamie.Boles@ncleg.net
Representative Glen Bradley
Franklin, Halifax, Nash Counties
919-733-5860
Glen.Bradley@ncleg.net
Representative Marcus Brandon
Guilford County
919-733-5825
Marcus.Brandon@ncleg.net
Representative Larry R. Brown
Davidson, Forsyth Counties
919-733-5607
Larry.Brown@ncleg.net
Representative Harold J. Brubaker
Randolph County
919-715-4946
Harold.Brubaker@ncleg.net
Representative Becky Carney
Mecklenburg County
919-733-5827
Becky.Carney@ncleg.net
Representative Jeff Collins
Nash County
919-733-5802
Jeff.Collins@ncleg.net
Representative Bill Cook
Beaufort, Pitt Counties
919-733-5906
Bill.Cook@ncleg.net
Representative William A. Current, Sr.
Gaston County
919-733-5809
Bill.Current@ncleg.net
Representative Jerry C. Dockham
Davidson County
919-715-2526
Jerry.Dockham@ncleg.net
Representative Nelson Dollar
Wake County
919-715-0795
Nelson.Dollar@ncleg.net
Representative Jean Farmer-Butterfield
Edgecombe, Wilson Counties
919-733-5898
Jean.Farmer-Butterfield@ncleg.net
Representative Elmer Floyd
Cumberland County
919-733-5959
Elmer.Floyd@ncleg.net
Representative Dale R. Folwell
Forsyth County
919-733-5787
Dale.Folwell@ncleg.net
Representative Phillip Frye
Avery, Caldwell, Mitchell, Yancey Counties
919-733-5661
Phillip.Frye@ncleg.net
Representative Ken Goodman
Montgomery, Richmond Counties
919-733-5823
Ken.Goodman@ncleg.net
Representative Charles Graham
Robeson County
919-715-0875
Charles.Graham@ncleg.net
Representative Mike Hager
Cleveland, Rutherford Counties
919-733-5749
Mike.Hager@ncleg.net
Representative Susi H. Hamilton
New Hanover County
919-733-5754
Susi.Hamilton@ncleg.net
Representative Kelly E. Hastings
Cleveland, Gaston Counties
919-715-2002
Kelly.Hastings@ncleg.net
Representative Dewey L. Hill
Brunswick, Columbus Counties
919-733-5830
Dewey.Hill@ncleg.net
Representative Bryan R. Holloway
Rockingham, Stokes Counties
919-733-5609
Bryan.Holloway@ncleg.net
Representative Maggie Jeffus
Guilford County
919-733-5191
Maggie.Jeffus@ncleg.net
Representative Linda P. Johnson
Cabarrus County
919-733-5861
Linda.Johnson2@ncleg.net
Representative Stephen A. LaRoque
Greene, Lenoir, Wayne Counties
919-715-3017
Stephen.LaRoque@ncleg.net
Representative David R. Lewis
Harnett County
919-715-3015
David.Lewis@ncleg.net
Representative Marvin W. Lucas
Cumberland County
919-733-5775
Marvin.Lucas@ncleg.net
Representative Darrell G. McCormick
Iredell, Surry, Yadkin Counties
919-733-5654
Darrell.McCormick@ncleg.net
Representative Marian N. McLawhorn
Pitt County
919-733-5757
Marian.McLawhorn@ncleg.net
Representative Rodney W. Moore
Mecklenburg County
919-733-5606
Rodney.Moore@ncleg.net
Representative Tom Murry
Wake County
919-733-5602
Tom.Murry@ncleg.net
Representative Bill Owens
Camden, Currituck, Pasquotank, Tyrrell
919-733-0010
Bill.Owens@ncleg.net
Representative Diane Parfitt
Cumberland County
919-733-9892
Diane.Parfitt@ncleg.net
Representative Garland E. Pierce
Hoke, Robeson, Scotland Counties
919-733-5803
Garland.Pierce@ncleg.net
Representative Ray Rapp
Haywood, Madison, Yancey Counties
919-733-5732
Ray.Rapp@ncleg.net
Representative Efton M. Sager
Wayne County
919-733-5755
Efton.Sager@ncleg.net
Representative Ruth Samuelson
Mecklenburg County
919-715-3009
Ruth.Samuelson@ncleg.net
Representative Norman W. Sanderson
Craven, Pamlico Counties
919-733-5853
Norman.Sanderson@ncleg.net
Representative Mitchell S. Setzer
Catawba, Iredell Counties
919-733-4948
Mitchell.Setzer@ncleg.net
Representative Timothy L. Spear
Chowan, Dare, Hyde, Washington Counties
919-715-3029
Tim.Spear@ncleg.net
Representative Edgar V. Starnes
Caldwell County
919-733-5931
Edgar.Starnes@ncleg.net
Representative Joe P. Tolson
Edgecombe, Wilson Counties
919-715-3024
Joe.Tolson@ncleg.net
Representative John A. Torbett
Gaston County
919-733-5868
John.Torbett@ncleg.net
Representative William L. Wainwright
Craven, Lenoir Counties
919-733-5995
William.Wainwright@ncleg.net
Representative Edith D. Warren
Martin, Pitt Counties
919-715-3023
Edith.Warren@ncleg.net
Representative Harry Warren
Rowan County
919-733-5784
Harry.Warren@ncleg.net
Representative Roger West
Cherokee, Clay, Graham, Macon Counties
919-733-5859
Roger.West@ncleg.net
Representative W. A. (Winkie) Wilkins
Durham, Person Counties
919-715-0850
Winkie.Wilkins@ncleg.net
Representative Larry Womble
Forsyth County
919-733-5777
Larry.Womble@ncleg.net
Representative Michael H. Wray
Northampton, Vance, Warren Counties
919-733-5662
Michael.Wray@ncleg.net
Please contact committee members as soon as possible & urge them to support House Bill 721! Thank you for taking action on this very important apartment industry legislative priority!
House Bill 721 is being heard in the House Commerce & Job Development Committee (tomorrow) Wednesday, June 1 at 10:00AM.
HB 721 attempts to clarify North Carolina public policy by articulating certain duties and “safe harbors” for the respective parties:
Landlords shall not knowingly lease apartments with Bed Bug problems;
Tenants have a duty to report any Bed Bug infestation within 5 days of suspecting it;
Landlords may obtain an inspection from a licensed pest control company that a dwelling unit is Bed Bug-free; such inspection is conclusive evidence for Landlord compliance with the law;
When inspection reports are issued to Landlords, subsequent infestation treatment is assumed to be the Tenant’s responsibility;
Tenants in so-called “source apartments” may be responsible for infestation treatment in adjacent apartments;
Failure of Tenants to comply can result in a.) Landlord contracting for an infestation treatment and billing the Tenant; b.) termination of the tenancy; or c.) pursuit of damages.
We encourage all TAA members (and interested landlords) to contact Committee members and ask them to support the bill. Below please find talking points and a list of contact information for all House Commerce & Job Development Committee Members.
Landlord Tenant Bedbug Liability Talking Points
Bedbugs are a increasingly persistent threat to public health, and incidents of bedbug infestation are increasing across the state;
Current law offers little guidance or clarity on issues of liability and landlords are often left to deal with unreported infestations;
Unreported infestations are much more costly to mitigate, and can spread to adjacent units, leading to higher housing costs statewide;
This legislation would prohibit landlords from offering for lease or entering into a rental agreement for any premises that the landlord knows to be infested by bedbugs;
Landlords are responsible for providing safe and healthy conditions for their tenants; however, tenants also have a responsibility to maintain healthy conditions;
House Bill 721 recognizes the limits of current science regarding bedbugs, by allowing landlords to seek an inspection before a unit is rented or requiring them to treat any bed bugs within a 60-day grace period in newly rented units;
House Bill 721 also provides incentives to tenants to be mindful of infestation symptoms and report infestations quickly, leading to lower mitigation costs and reduced risk of infestations spreading.
House Commerce and Job Development Committee
2011-12 Members
Representative Daniel F. McComas, Chair
New Hanover County
919-733-5786
Danny.McComas@ncleg.net
Representative William Brawley, Vice Chair
Mecklenburg County
919-733-5800
Bill.Brawley@ncleg.net
Representative D. Craig Horn, Vice chair
Union County
919-733-2406
Craig.Horn@ncleg.net
Representative Carolyn H. Justice, Vice Chair
New Hanover, Pender Counties
919-715-9664
Carolyn.Justice@ncleg.net
Representative Tim D. Moffitt, Vice Chair
Buncombe County
919-715-3012
Tim.Moffitt@ncleg.net
Representative Phil R. Shepard, Vice Chair
Onslow County
919-715-9644
Phil.Shepard@ncleg.net
Representative Fred F. Steen, II, Vice Chair
Rowan County
919-733-5881
Fred.Steen@ncleg.net
Representative Mike C. Stone, Vice Chair
Harnett, Lee Counties
919-715-3026
Michael.Stone@ncleg.net
Representative Alma Adams
Guilford County
919-733-5902
Alma.Adams@ncleg.net
Representative Kelly M. Alexander, Jr.
Mecklenburg County
919-733-5778
Kelly.Alexander@ncleg.net
Representative Marilyn Avila
Wake County
919-733-5530
Marilyn.Avila@ncleg.net
Representative Larry M. Bell
Sampson, Wayne Counties
919-733-5863
Larry.Bell@ncleg.net
Representative James L. Boles, Jr.
Moore County
919-733-5903
Jamie.Boles@ncleg.net
Representative Glen Bradley
Franklin, Halifax, Nash Counties
919-733-5860
Glen.Bradley@ncleg.net
Representative Marcus Brandon
Guilford County
919-733-5825
Marcus.Brandon@ncleg.net
Representative Larry R. Brown
Davidson, Forsyth Counties
919-733-5607
Larry.Brown@ncleg.net
Representative Harold J. Brubaker
Randolph County
919-715-4946
Harold.Brubaker@ncleg.net
Representative Becky Carney
Mecklenburg County
919-733-5827
Becky.Carney@ncleg.net
Representative Jeff Collins
Nash County
919-733-5802
Jeff.Collins@ncleg.net
Representative Bill Cook
Beaufort, Pitt Counties
919-733-5906
Bill.Cook@ncleg.net
Representative William A. Current, Sr.
Gaston County
919-733-5809
Bill.Current@ncleg.net
Representative Jerry C. Dockham
Davidson County
919-715-2526
Jerry.Dockham@ncleg.net
Representative Nelson Dollar
Wake County
919-715-0795
Nelson.Dollar@ncleg.net
Representative Jean Farmer-Butterfield
Edgecombe, Wilson Counties
919-733-5898
Jean.Farmer-Butterfield@ncleg.net
Representative Elmer Floyd
Cumberland County
919-733-5959
Elmer.Floyd@ncleg.net
Representative Dale R. Folwell
Forsyth County
919-733-5787
Dale.Folwell@ncleg.net
Representative Phillip Frye
Avery, Caldwell, Mitchell, Yancey Counties
919-733-5661
Phillip.Frye@ncleg.net
Representative Ken Goodman
Montgomery, Richmond Counties
919-733-5823
Ken.Goodman@ncleg.net
Representative Charles Graham
Robeson County
919-715-0875
Charles.Graham@ncleg.net
Representative Mike Hager
Cleveland, Rutherford Counties
919-733-5749
Mike.Hager@ncleg.net
Representative Susi H. Hamilton
New Hanover County
919-733-5754
Susi.Hamilton@ncleg.net
Representative Kelly E. Hastings
Cleveland, Gaston Counties
919-715-2002
Kelly.Hastings@ncleg.net
Representative Dewey L. Hill
Brunswick, Columbus Counties
919-733-5830
Dewey.Hill@ncleg.net
Representative Bryan R. Holloway
Rockingham, Stokes Counties
919-733-5609
Bryan.Holloway@ncleg.net
Representative Maggie Jeffus
Guilford County
919-733-5191
Maggie.Jeffus@ncleg.net
Representative Linda P. Johnson
Cabarrus County
919-733-5861
Linda.Johnson2@ncleg.net
Representative Stephen A. LaRoque
Greene, Lenoir, Wayne Counties
919-715-3017
Stephen.LaRoque@ncleg.net
Representative David R. Lewis
Harnett County
919-715-3015
David.Lewis@ncleg.net
Representative Marvin W. Lucas
Cumberland County
919-733-5775
Marvin.Lucas@ncleg.net
Representative Darrell G. McCormick
Iredell, Surry, Yadkin Counties
919-733-5654
Darrell.McCormick@ncleg.net
Representative Marian N. McLawhorn
Pitt County
919-733-5757
Marian.McLawhorn@ncleg.net
Representative Rodney W. Moore
Mecklenburg County
919-733-5606
Rodney.Moore@ncleg.net
Representative Tom Murry
Wake County
919-733-5602
Tom.Murry@ncleg.net
Representative Bill Owens
Camden, Currituck, Pasquotank, Tyrrell
919-733-0010
Bill.Owens@ncleg.net
Representative Diane Parfitt
Cumberland County
919-733-9892
Diane.Parfitt@ncleg.net
Representative Garland E. Pierce
Hoke, Robeson, Scotland Counties
919-733-5803
Garland.Pierce@ncleg.net
Representative Ray Rapp
Haywood, Madison, Yancey Counties
919-733-5732
Ray.Rapp@ncleg.net
Representative Efton M. Sager
Wayne County
919-733-5755
Efton.Sager@ncleg.net
Representative Ruth Samuelson
Mecklenburg County
919-715-3009
Ruth.Samuelson@ncleg.net
Representative Norman W. Sanderson
Craven, Pamlico Counties
919-733-5853
Norman.Sanderson@ncleg.net
Representative Mitchell S. Setzer
Catawba, Iredell Counties
919-733-4948
Mitchell.Setzer@ncleg.net
Representative Timothy L. Spear
Chowan, Dare, Hyde, Washington Counties
919-715-3029
Tim.Spear@ncleg.net
Representative Edgar V. Starnes
Caldwell County
919-733-5931
Edgar.Starnes@ncleg.net
Representative Joe P. Tolson
Edgecombe, Wilson Counties
919-715-3024
Joe.Tolson@ncleg.net
Representative John A. Torbett
Gaston County
919-733-5868
John.Torbett@ncleg.net
Representative William L. Wainwright
Craven, Lenoir Counties
919-733-5995
William.Wainwright@ncleg.net
Representative Edith D. Warren
Martin, Pitt Counties
919-715-3023
Edith.Warren@ncleg.net
Representative Harry Warren
Rowan County
919-733-5784
Harry.Warren@ncleg.net
Representative Roger West
Cherokee, Clay, Graham, Macon Counties
919-733-5859
Roger.West@ncleg.net
Representative W. A. (Winkie) Wilkins
Durham, Person Counties
919-715-0850
Winkie.Wilkins@ncleg.net
Representative Larry Womble
Forsyth County
919-733-5777
Larry.Womble@ncleg.net
Representative Michael H. Wray
Northampton, Vance, Warren Counties
919-733-5662
Michael.Wray@ncleg.net
Please contact committee members as soon as possible & urge them to support House Bill 721! Thank you for taking action on this very important apartment industry legislative priority!
Monday, May 30, 2011
RENTAL REGISTRATION COMING TO DURHAM!
Not to be outdone, Durham is getting ready to introduce its own version of Raleigh's Probationary Rental Occupancy Permit Ordinance (or "PROP"), as a three-year inspection program. According to the article below there would not be a fee, the City of Durham is taking suggestions on how the program is to be structured until year's end, and the program would roll out beginning in July 2012.
If I was a betting man, and I am, I would put good money on this "no fee" program becoming a fee based program within the next five years, and one more tax on local landlords. For that matter if it is a no fee program then everyone pays. The city already has the ability to inspect units where complaints have been made. This coupled with the fact that no one is told who to rent from and where to live, make this program unnecessary at best.
There is currently a bill pending in both houses of the North Carolina General Assembly that would make this program illegal. This bill is H 554 in the House, and S 683 in the Senate.
If you wish to stop this proposed Durham Rental Inspection the first thing you should do is contact your local legislators and let them know you support these bills. The second thing you can do is to contact Durham and give them your input.
Here is the article that ran in the N&O and the Durham News:
Durham to crack down on subpar rentals - Durham County - NewsObserver.com
If you are frustrated by the one-sided slant of this article you are not alone!
If I was a betting man, and I am, I would put good money on this "no fee" program becoming a fee based program within the next five years, and one more tax on local landlords. For that matter if it is a no fee program then everyone pays. The city already has the ability to inspect units where complaints have been made. This coupled with the fact that no one is told who to rent from and where to live, make this program unnecessary at best.
There is currently a bill pending in both houses of the North Carolina General Assembly that would make this program illegal. This bill is H 554 in the House, and S 683 in the Senate.
If you wish to stop this proposed Durham Rental Inspection the first thing you should do is contact your local legislators and let them know you support these bills. The second thing you can do is to contact Durham and give them your input.
Here is the article that ran in the N&O and the Durham News:
Durham to crack down on subpar rentals - Durham County - NewsObserver.com
If you are frustrated by the one-sided slant of this article you are not alone!
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