Bill Summary – FastDemocracy

H.B. 984
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                           May 2, 2024
                                     SESSION 2023                                     HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                  HOUSE BILL DRH10550-NKf-109
     Short Title:   Removal of Squatters from Private Property.                                (Public)
     Sponsors:      Representative Bradford.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL
     OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW
     ENFORCEMENT AGENCY.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) Chapter 42 of the General Statutes is amended by adding a new
 Article to read:
                                              "Article 8.
                "Expedited Removal of Unauthorized Persons from Private Property.
 "§ 42-79. Requirements for removal of unauthorized persons.
     (a)     A property owner or an authorized agent of the property owner may request from a
 law enforcement agency with jurisdiction over where the private property is located the removal
 of a person or persons unlawfully occupying the property pursuant to this Article if all of the
 following conditions are met:
             (1)     The requesting party is the property owner or the authorized agent of the
                     property owner.
             (2)     The property that is being occupied is a residential dwelling or property that
                     is used in connection with a residential dwelling or is real property
                     appurtenant to a residential dwelling.
             (3)     An unauthorized person or persons have unlawfully entered or unlawfully
                     remain on or continue to reside in the private property.
             (4)     The private property was not offered or intended as an accommodation for the
                     general public at the time the unauthorized person or persons entered.
             (5)     The property owner or the authorized agent of the property owner has directed
                     the unauthorized person or persons to leave the private property.
             (6)     The unauthorized person or persons are not tenants as defined in G.S. 42-59.
             (7)     There is no pending litigation between the property owner and the
                     unauthorized person or persons related to the private property.
             (8)     No other valid rental agreement has been entered into or formed by the
                     property owner and the unauthorized person or persons permitting the
                     unauthorized person or persons to occupy the private property.
     (b)     For purposes of this Article, an "unauthorized person" means a person occupying
 private property who has no legal claim to the property and is not entitled to occupy it under a
 valid rental agreement signed by the property owner or the authorized agent of the property owner
 and who is not otherwise authorized to occupy the property. It does not mean a tenant who holds
 over after the lease term has expired under G.S. 42-26.
                                 *DRH10550-NKf-109*
     General Assembly Of North Carolina                                                   Session 2023
     (c)     For purposes of this Article, "law enforcement agency" shall include county sheriffs'
 offices, county police departments, and municipal police departments.
 "§ 42-80. Expedited removal complaint form.
     (a)     To request the immediate removal of an unauthorized person or persons from private
 property, the property owner or the authorized agent of the property owner must contact a law
 enforcement agency with jurisdiction over where the private property is located and file a
 complaint.
     (b)     Complaints made under this section regarding property located within a municipality
 that is subject to the territorial jurisdiction of a municipal law enforcement agency must be filed
 with the municipal police department. Complaints made under this section regarding property
 not located within a municipality that is subject to the territorial jurisdiction of a county law
 enforcement agency must be filed with the county sheriff's office or county police department.
     (c)     A complaint made under this section shall be in substantially the following form:
 "COMPLAINT TO REMOVE UNAUTHORIZED PERSONS FROM PRIVATE REAL
 PROPERTY
 I, ……….,the owner or the authorized agent of the owner of the private property located at
 ………., declare under the penalty of perjury all of the following (initial each):
 …..I am the owner of the private property or the authorized agent of the owner of the private
 property.
 …..I acquired the property on ………..
 …..The property is a residential dwelling or property that is used in connection with a residential
 dwelling or is real property appurtenant to a residential dwelling.
 …..An unauthorized person or persons have unlawfully entered or unlawfully remain on or
 continue to reside in the private property.
 …..The property was not offered or intended as an accommodation for the general public at the
 time the unauthorized person or persons entered.
 …..I have directed the unauthorized person or persons to leave the property, but they remain on
 the property.
 …..The unauthorized person or persons are not current tenants pursuant to any valid lease
 authorized by the property owner, and any lease that may be produced by an unauthorized person
 or persons is fraudulent.
 …..The unauthorized person or persons sought to be removed are not owners or co-owners of the
 property and have not been listed on the valid record title to the property.
 …..There is no litigation related to the private property pending between the property owner and
 any unauthorized person or persons sought to be removed.
 …..I understand that a person or persons removed from the property pursuant to this procedure
 may bring a cause of action against me for any false statements made in this complaint, or for
 wrongfully using this procedure, and that I may be held liable for actual damages, penalties,
 costs, and reasonable attorney fees.
 …..I am requesting a law enforcement agency to immediately remove the unauthorized person
 or persons from the private property.
 …..A copy of my valid government-issued identification is attached, or I am an agent of the
 property owner, and documents evidencing my authority to act on the property owner's behalf
 are attached.
 I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH
 STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
 MADE IN THIS COMPLAINT ARE MADE UNDER PENALTY OF PERJURY.
     This ____ day of ____________, ________.
                  __________________
     (Signature of Property Owner or Authorized Agent of Property Owner)"
 "§ 42-81. Verification of complaint and removal of unauthorized persons.
     Page 2                                                                      DRH10550-NKf-109
     General Assembly Of North Carolina                                                    Session 2023
     Upon receipt of the complaint, the law enforcement agency shall verify that the person
 submitting the complaint is the record owner of the private real property or the authorized agent
 of the property owner and appears entitled to relief under this Article. If verified, the law
 enforcement agency shall, within 48 hours, remove the unauthorized person or persons from the
 property. If appropriate, the law enforcement agency may arrest any person found in the property
 for trespass, outstanding warrants, or any other legal cause. The property owner or the authorized
 agent of the property owner may request that the law enforcement agency stand by to keep the
 peace while the property owner or agent of the owner changes the locks and removes the personal
 property of the unauthorized person or persons from the premises to or near the property line. If
 the property owner requests the law enforcement agency to stand by, the law enforcement agency
 may charge a reasonable hourly rate, not to exceed twenty-five dollars ($25.00) an hour, and the
 person requesting the law enforcement agency to stand by and keep the peace is responsible for
 paying the reasonable hourly rate set by the law enforcement agency. The law enforcement
 agency is not liable to the unauthorized person or persons or any other party for loss, destruction,
 or damage of personal property. The property owner or the authorized agent of the property
 owner is not liable to an unauthorized person or persons or any other party for the loss,
 destruction, or damage to any personal property unless the removal was wrongful.
 "§ 42-82. Remedy for wrongful removal.
     (a)      A person may bring a civil cause of action for wrongful removal under this Article.
 A person harmed by a wrongful removal under this Article may be entitled to recover possession
 of the property and may recover actual costs and damages incurred, statutory damages equal to
 triple the fair market rent of the residence, court costs, and reasonable attorney fees.
     (b)      This Article does not limit the rights of a property owner or limit the authority of a
 law enforcement officer to arrest an unauthorized person or persons for trespassing, vandalism,
 theft, or other crimes."
              SECTION 1.(b) The Administrative Office of the Courts, in consultation with the
 North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police,
 shall develop the complaint form to implement the process provided for in this act.
              SECTION 2. This act becomes effective October 1, 2024.
     DRH10550-NKf-109                                                                            Page 3