North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S395 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 395
	3	+	S D
	4	+	SENATE BILL DRS35144-NB-84
	5	+
5	6
6	7
7	8		Short Title: Disaster Relief Eviction Moratorium Act. (Public)
8	9		Sponsors: Senator Applewhite (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S395 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS35144 -NB-84
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ALLOW THE GOVERNOR TO ISSUE AN EXECUTIVE ORDER ENFORCING 2
14	15		A RESIDENTIAL EVICTION MORATORIUM IN DECLARED STATES OF 3
15	16		EMERGENCY. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. G.S. 166A-19.20 reads as rewritten: 6
18	19		"§ 166A-19.20. Gubernatorial or legislative declaration of state of emergency. 7
19	20		(a) Declaration. – A state of emergency may be declared by the Governor or by a 8
20	21		resolution of the General Assembly, if either of these finds that an emergency exists. 9
21	22		(b) Emergency Area. – An executive order or resolution declaring a state of emergency 10
22	23		shall include a definition of the area constituting the emergency area. 11
23	24		(c) Expiration of States of Emergency. – A Except as provided in subsection (c3) of this 12
24	25		section, a state of emergency declared pursuant to this section shall expire as follows: 13
25	26		(1) If not a statewide emergency area, when it is rescinded by the authority that 14
26	27		issued it. 15
27	28		(2) If a statewide emergency area, 30 calendar days after issuance without a 16
28	29		concurrence of the Council of State. A declaration of emergency may not be 17
29	30		continued without the concurrence of the Council of State. If the Council of 18
30	31		State concurs with the declaration of emergency, the declaration of emergency 19
31	32		shall expire 60 calendar days after issuance, unless the General Assembly 20
32	33		extends the declaration of emergency by enactment of a general law. If the 21
33	34		General Assembly does not extend the declaration of emergency by enactment 22
34	35		in accordance with this subdivision, the Governor shall not issue a 23
35	36		substantially similar declaration of emergency arising from the same events 24
36	37		that formed the basis to issue the initial declaration of emergency that was not 25
37	38		extended. 26
38	39		… 27
39	40		(c3) Residential Eviction Moratorium. – If the Governor or the General Assembly declares 28
40	41		a state of emergency, the Governor may institute a residential eviction moratorium in the 29
41	42		emergency area by issuance of an executive order if the Governor finds that the disaster has 30
42	43		caused widespread displacement, job loss, or other economic hardships that would lead to a 31
43	44		significant increase in homelessness but for a moratorium. An initial executive order instituting 32
44	45		a residential eviction moratorium shall not exceed 90 calendar days. The Governor may 33
45	46		subsequently extend the residential eviction moratorium in increments of 30 calendar days, 34
46		-	provided that the moratorium does not exceed 180 total calendar days. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 395-First Edition
	47	+	provided that the moratorium does not exceed 180 total calendar days. 35
	48	+	FILED SENATE
	49	+	Mar 24, 2025
	50	+	S.B. 395
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS35144-NB-84
48	53		An executive order issued in accordance with this subsection shall remain in full force and 1
49	54		effect unless rescinded by the Governor. The General Assembly and the Council of State shall 2
50	55		not have the authority to rescind, modify, or otherwise affect a residential eviction moratorium 3
51	56		issued under this subsection. 4
52	57		For the purposes of this subsection, the term "eviction" means any action taken by a landlord 5
53	58		to remove a tenant, including formal eviction proceedings, nonrenewal of a lease for reasons 6
54	59		related to nonpayment of rent, or any other involuntary removal from a rental unit. 7
55	60		This subsection shall be presumed valid and necessary to protect the health, safety, and 8
56	61		welfare of the residents of this State during a declared state of emergency, and a court of 9
57	62		competent jurisdiction shall evaluate any action in accordance with this subsection under a 10
58	63		rational basis standard, recognizing the compelling State interest in preventing mass 11
59	64		displacement and homelessness during a state of emergency. 12
60	65		(c4) If the Governor issues an executive order under subsection (c3) of this section, the 13
61	66		Governor may direct available State and federal funds, within the parameters of State and federal 14
62	67		law, towards rental assistance programs to mitigate the financial impact on landlords and tenants. 15
63	68		(d) Exercise of Powers Not Contingent on Declaration of Disaster Type. – Once a state 16
64	69		of emergency has been declared pursuant to this section, the fact that a declaration of disaster 17
65	70		type has not been issued shall not preclude the exercise of powers otherwise conferred during a 18
66	71		state of emergency. 19
67	72		(e) Extra Session; Emergency Transportation Expenditures. – The General Assembly 20
68	73		considers a determination by the Secretary of Transportation under G.S. 136-44.2E(f) that 21
69	74		anticipated emergency expenses will exceed the funds in the Transportation Emergency Reserve 22
70	75		within the meaning of the term "extraordinary occasions," and therefore the Governor is 23
71	76		authorized to convene the General Assembly in Extra Session under Section 5(7) of Article III 24
72	77		of the North Carolina Constitution. The General Assembly strongly urges the Governor to 25
73	78		convene the General Assembly in Extra Session within 14 days of notice by the Secretary under 26
74	79		G.S. 136-44.2E(f) for the purpose of appropriating funds from the Savings Reserve to the 27
75	80		Emergency Reserve to address the transportation needs of the State necessitated by a major 28
76	81		disaster." 29
77	82		SECTION 2. This act is effective when it becomes law and applies to executive 30
78	83		orders issued on or after that date. 31