North Carolina 2025-2026 Regular Session

North Carolina House Bill H96 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 3
	3	+	H 2
4	4		HOUSE BILL 96
5	5		Committee Substitute Favorable 3/25/25
6		-	Third Edition Engrossed 4/2/25
7	6
8	7		Short Title: Expedited Removal of Unauthorized Persons. (Public)
9	8		Sponsors:
10	9		Referred to:
11	10		February 12, 2025
12		-	H96-v-3
	11	+	H96-v-2
13	12		A BILL TO BE ENTITLED 1
14	13		AN ACT TO CREATE AN ALTERNATIVE REMEDY F OR THE EXPEDITED REMOVAL 2
15	14		OF UNAUTHORIZED PERS ONS FROM PRIVATE PRO PERTY BY A LAW 3
16	15		ENFORCEMENT AGENCY. 4
17	16		The General Assembly of North Carolina enacts: 5
18	17		SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article 6
19	18		to read: 7
20	19		"Article 22D. 8
21	20		"Expedited Removal of Unauthorized Persons from Residential Property. 9
22	21		"§ 14-159.50. Definitions. 10
23	22		The following definitions apply to this Article: 11
24	23		(1) Authorized representative. – A real estate broker or other person who has 12
25	24		written legal authority to act on behalf of a property owner. 13
26	25		(2) Contract for deed. – As defined in G.S. 47H-1. 14
27	26		(3) Law enforcement agency. – A county sheriff's office, a county police 15
28	27		department, or a municipal police department. 16
29	28		(4) Real estate broker. – As defined in G.S. 93A-2(a). 17
30	29		(5) Residential property. – As defined in G.S. 42A-4. 18
31	30		(6) Tenant. – As defined in G.S. 42-59. 19
32	31		(7) Unauthorized person. – A person or persons occupying residential property 20
33	32		who has no legal claim to the property, is not entitled to occupy it under a 21
34	33		valid rental agreement or contract for deed, has not paid any rent or other form 22
35	34		of payment to the property owner or an authorized representative of the 23
36	35		property owner in connection with the occupancy of the property, and is not 24
37	36		otherwise authorized to occupy the property. This term does not include a 25
38	37		tenant who holds over after the lease term has expired under G.S. 42-26. 26
39	38		"§ 14-159.51. Requirements for removal of unauthorized persons. 27
40	39		A property owner or an authorized representative of the property owner may request from a 28
41	40		law enforcement agency with jurisdiction over where the residential property is located the 29
42	41		removal of an unauthorized person unlawfully occupying the residential property pursuant to this 30
43	42		Article if all of the following conditions are met: 31
44	43		(1) The requesting party is the property owner or the authorized representative of 32
45	44		the property owner. 33
46	45		(2) The property that is being unlawfully occupied is residential property or 34
47	46		property used in connection with or appurtenant to residential property. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 96-~~Third~~ Edition
	47	+	Page 2 House Bill 96-Second Edition
49	48		(3) An unauthorized person has entered the property after the property owner 1
50	49		acquired the property and is remaining or residing unlawfully on the 2
51	50		residential property of the property owner. 3
52	51		(4) The property was not offered or intended as an accommodation for the general 4
53	52		public at the time the unauthorized person entered. 5
54	53		(5) The property owner or the authorized representative of the property owner has 6
55	54		directed the unauthorized person to leave the residential property. 7
56		-	(6) The unauthorized person is not a tenant of the ~~owner of the~~ property being 8
57		-	~~unlawfully~~ occupied. 9
	55	+	(6) The unauthorized person is not a tenant of the property being unlawfully 8
	56	+	occupied. 9
58	57		(7) The unauthorized person is not an owner of the property being unlawfully 10
59	58		occupied. 11
60	59		(8) There is no pending litigation between the property owner and the 12
61	60		unauthorized person related to the residential property. 13
62	61		(9) No other valid rental agreement or contract for deed has been entered into or 14
63	62		formed by the property owner or a former property owner and the 15
64	63		unauthorized person permitting the unauthorized person to occupy the 16
65	64		residential property. 17
66	65		(10) No rent or other form of payment has ever been demanded of or paid by the 18
67	66		unauthorized person to the property owner or to an authorized representative 19
68	67		of the property owner in connection with the occupancy of the residential 20
69	68		property. 21
70	69		"§ 14-159.52. Expedited removal affidavit. 22
71	70		(a) To request the immediate removal of an unauthorized person from residential 23
72	71		property, the property owner or an authorized representative of the property owner must appear 24
73	72		before a magistrate in the county where the property is located and complete a sworn affidavit 25
74	73		on a form created pursuant to subsection (c) of this section. The magistrate shall sign the affidavit 26
75	74		verifying that the property owner or the authorized representative of the property owner appeared 27
76	75		before the magistrate and swore under oath or affirmation to the information contained therein. 28
77	76		The property owner or the authorized representative shall pay to the magistrate a fee of 29
78	77		twenty-five dollars ($25.00) for completion of the sworn affidavit. 30
79	78		(b) The affidavit shall allege that all of the conditions and requirements for removal of 31
80	79		an unauthorized person imposed by G.S. 14-159.51 are met. 32
81	80		(c) The Administrative Office of the Courts, in consultation with the North Carolina 33
82	81		Sheriffs' Association and the North Carolina Association of Chiefs of Police, shall develop a 34
83	82		form for the affidavit required by this section. In addition to the required allegations set forth in 35
84	83		subsection (b) of this section, the form shall require the property owner to provide the property 36
85	84		address and may include space for the property owner to provide information that may assist law 37
86	85		enforcement in identifying the unauthorized person. The form shall also include clear language 38
87	86		notifying the affiant that providing false information or statements on the affidavit is perjury 39
88	87		pursuant to G.S. 14-209 and punishable as a Class F felony. The form shall further notify the 40
89	88		affiant that any person removed from the residential property as a result of the affidavit may have 41
90	89		a cause of action against the affiant for any false information or statements provided on the 42
91	90		affidavit or wrongfully using the procedures provided in this Article. 43
92	91		"§ 14-159.53. Removal of unauthorized persons. 44
93	92		Upon completion of the affidavit before the magistrate, the property owner or authorized 45
94	93		representative of the property owner shall provide the original affidavit to the law enforcement 46
95	94		agency with jurisdiction over where the residential property is located. Within 24 hours after 47
96	95		receipt of the affidavit, the law enforcement agency shall remove the unauthorized person from 48
97	96		the residential property. If appropriate, the law enforcement agency may arrest any person found 49
98	97		in the property for trespass, outstanding warrants, or any other legal cause. The property owner 50
99	98		or the authorized representative of the property owner may request that the law enforcement 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 96-~~Third~~ Edition Page 3
	99	+	House Bill 96-Second Edition Page 3
101	100		agency stand by to keep the peace while the property owner or authorized representative of the 1
102	101		property owner changes the locks and removes the personal property of the unauthorized person 2
103	102		from the premises to or near the property line. 3
104	103		"§ 14-159.54. Immunity from liability. 4
105	104		No law enforcement agency, law enforcement officer, or magistrate may be held liable to an 5
106	105		unauthorized person or any other person or entity for compliance with or actions taken in 6
107	106		furtherance of the provisions of this Article, including for the loss or destruction of or damage to 7
108	107		personal or real property, provided that the acts or omissions are made in good faith and do not 8
109	108		constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing. The 9
110	109		property owner or the authorized representative of the property owner is not liable to an 10
111	110		unauthorized person or any other person or entity for the loss or destruction of or damage to any 11
112	111		personal property that arises out of or in any way relates to the removal of an unauthorized person 12
113	112		pursuant to this Article unless the removal was wrongful. 13
114	113		"§ 14-159.55. Remedy for wrongful removal. 14
115	114		(a) A person may bring a civil cause of action against the affiant for wrongful removal 15
116	115		under this Article. A person harmed by a wrongful removal under this Article may be entitled to 16
117	116		recover possession of the property and may recover from the affiant actual costs and damages 17
118	117		incurred, statutory damages equal to triple the fair market rent of the residence, a civil penalty of 18
119	118		not less than four hundred dollars ($400.00) nor more than four thousand dollars ($4,000) as 19
120	119		determined by a court, court costs, and reasonable attorneys' fees. 20
121	120		(b) This Article does not limit the rights of a property owner or limit the authority of a 21
122	121		law enforcement officer to arrest an unauthorized person for trespassing, vandalism, theft, or 22
123	122		other crimes." 23
124	123		SECTION 2. The Administrative Office of the Courts shall develop and make 24
125	124		available the affidavit form required by G.S. 14-159.52, as enacted in Section 1 of this act, no 25
126	125		later than September 30, 2025. 26
127	126		SECTION 3. Section 1 of this act becomes effective October 1, 2025. The remainder 27
128	127		of this act is effective when it becomes law. 28