HB 96 — Expedited Removal of Unauthorized Persons.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 96 Committee Substitute Favorable 3/25/25 Short Title:

Representatives Tyson, Biggs, K.

Hall, and Howard (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 1, if favorable, Rules, Calendar, and Operations of the House February 12, 2025 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.

Chapter 1442 of the General Statutes is amended byadding a new Article to read:

"Article 22D.8.

"§ 14-159.50.42-79.

– A person or persons occupying residential property who has no legal claim to the property, is not entitled to occupy it under a valid rental agreement or contract for deed,deed signed by the property owner or the property owner's authorized representative, has not paid anyrentany rent or other form of payment to the property owner or an authorized representative of the property owner in connection with the occupancy of the property, and is not otherwise authorized to occupy the property.

"§ 14-159.51.42-80.

*H96-v-1* General Assembly Of North Carolina Session 2025 (2) The property that is being unlawfully occupied is residential property or property used in connection with or appurtenant to residential property.

*H96-v-2* General Assembly Of North Carolina Session 2025 (3) An unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner.

(7) TheThere unauthorizedis personno ispending notlitigation anbetween the property owner ofand the propertyunauthorized beingperson unlawfullyrelated occupied.to the residential property.

(8) ThereNo isother novalid pendingrental litigationagreement betweenor contract for deed has been entered into or formed by the property owner or a former property owner and the unauthorized person relatedpermitting the unauthorized person to occupy the residential property.

(9) No otherrent valid rental agreement or contractother forform deedof payment has ever been entereddemanded intoof or formedpaid by the unauthorized person to the property owner or ato formeran propertyauthorized ownerrepresentative andof the unauthorizedproperty personowner permittingin theconnection unauthorizedwith personthe tooccupancy occupyof the residential property.

(10)"§ No42-81. rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner in connection with the occupancy of the residential property.

"§ 14-159.52.

(a) To request the immediate removal of an unauthorized person from residential property, the property owner or an authorized representative of the property owner must appear before athe magistrateclerk of superior court in the county where the property is located and complete a sworn affidavit on a form created pursuant to subsection (c) of this section.

TheIf magistratethe shalloffice signof the affidavitclerk verifyingof thatsuperior court is closed, the propertyownerproperty owner or thean authorized representative of the propertyownerproperty appearedowner beforemay complete the magistratesworn andaffidavit sworebefore undera oathmagistrate orin affirmationthe tocounty where the informationproperty containedis therein.located.

The propertyclerk ownerof superior court or the authorizedmagistrate representative shall paysign to the magistrateaffidavit averifying feethat ofthe twenty-fiveproperty dollarsowner ($25.00)or forthe completionauthorized representative of the swornproperty affidavit.owner appeared before him orherand sworeunderoath oraffirmation to theinformation contained therein.

Theproperty owner shall pay to the clerk of superior court or the magistrate a fee of twenty-five dollars ($25.00) for completion of the sworn affidavit.

14-159.5142-80 are met.

"§ 14-159.53.42-82.

Upon completion of the affidavit before the clerk of superior court or the magistrate, the property owner or authorized representative of the property owner shall provide the original affidavit to the law enforcement agency with jurisdiction over where the residential property is located.

Within 24 hours after receipt of the affidavit, the law enforcement agency shall remove thePage unauthorized2 House Bill 96-First Edition General Assembly Of North Carolina Session 2025 theunauthorized person from thetheresidential residential property.

IfIfappropriate,the 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 representative of the property owner may request that the law enforcement Page 2 House Bill 96-Second Edition General Assembly Of North Carolina Session 2025 agency stand by to keep the peace while the property owner or authorized representative of the property owner changes the locks and removes the personal property of the unauthorized person from the premises to or near the property line.

"§ 14-159.54.42-83.

No law enforcement agency, law enforcement officer, clerk of superior court, or magistrate may be held liable to an unauthorized person or any other person or entity for compliance with or actions taken in furtherance of the provisions of this Article, including for the loss or destruction of or damage to personal or real property, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing.

The property owner or the authorized representative of the property owner is not liable to an unauthorized person or any other person or entity for the loss or destruction of or damage to any personal propertythatproperty that arises out of orinor anywayrelatesin any way relates to the removal of anunauthorizedpersonan unauthorized person pursuant to this Article unless the removal was wrongful.

"§ 14-159.55.42-84.

14-159.52,42-81, as enacted in Section 1 of this act, no later than September 30, 2025.

SectionG.S. 1of this act becomes effective October 1, 2025.

22-2 reads as rewritten:

"§ 22-2.

Contract for sale of land;

leases.

All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them, and all leases and contracts for leasing land for the purpose of digging for gold orotherminerals, orfor mininggenerally, ofwhateverduration;

andall otherleases and contracts for leasing lands exceeding in duration three years from the making thereof, shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized." SECTION 4.

Section 1 of this act becomes effective October 1, 2025.