Tag: Landlord-Tenant

Action Alert: Protections for Motel Renters Threatened as Bill Advances in NC Senate

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The fight to protect our community’s most vulnerable renters continues. 

Thanks to your advocacy, a measure to take away tenants’ rights from motel renters was taken out of a regulatory reform bill in the N.C. General Assembly. But it has become a standalone bill moving forward in the N.C. Senate as HB 352 Hotel Safety Issues.

The bill is now before the Senate Judiciary Committee. If passed, HB 352 will drastically change the way people who live in motels are treated when it comes their rights as renters and significantly exacerbate the state’s affordable housing crisis. 

Contact our Senate Judiciary Committee Members and urge them to reject this legislation

A reminder of what’s in the legislation: 

The legitimate purpose of HB 352 is for the faster removal of criminal actors who reside at motels, an issue exposed after eviction moratoriums prevented motel owners from quickly removing residents during the COVID-19 pandemic. 

However, the legislation would also eliminate tenant protections recognized by the N.C. Court of Appeals in Baker v. Rushing, a case litigated by Charlotte Center for Legal Advocacy under its old name, Legal Services of Southern Piedmont. 

HB 352 would automatically re-classify all motel tenants as “transient guests” for the first three months of their leases regardless of their record of rental payments and good conduct. Doing so gives motel landlords unlimited power to punish and evict tenants who complain about living conditions such as rodent infestation, inoperable plumbing, HVAC issues, or noise.  

Thanks to our efforts 30 years ago, N.C. law recognizes that motel residents, who are not tourists with a regular home elsewhere, have the same rights as tenants in conventional homes and apartments.  

Those rights include a habitable dwelling with working plumbing, heat, and wiring along with the due process of a fair trial in cases of eviction. 

Why it’s a problem: 

Thousands of N.C. families rely on motels as the housing of last resort to avoid homelessness, especially in Charlotte, where there is an extreme shortage of affordable housing. 

The pandemic has forced more families into this situation as people lost their jobs and could no longer afford traditional housing. 

HB 352 would enable motel owners to evict already struggling residents, including children, and leave them with little to no chance of finding safe housing elsewhere. 

For those with an eviction on their record, getting approved to rent an affordable place to live is extremely difficult. 

HB 352 would needlessly increase our homeless population and strain public resources. In the event of another public health crisis, these residents will not be protected by measures implemented to ensure safe shelter just because they do not have conventional housing. 

Further, the legitimate issue this bill is targeting can be handled through education on current N.C. law, which already protects landlords by permitting expedited evictions through the court system for criminal actors. 

This legislation will further drive our state into crisis when it comes access to affordable housing. 

As an advocate for low-income people, Charlotte Center for Legal Advocacy urges our representatives to reject this legislation and protect tenants’ rights for all North Carolinians. 

What you can do 

Contact members of the Senate Judiciary Committee and HB 352 sponsors. Tell them long-term motel residents have the same rights as traditional tenants and this harmful legislation should not become law.  

HB 352’s sponsors are: 
Rep. John R. Bradford, III 
Rep. Timothy D. Moffitt 
Rep. William O. Richardson 
Rep. Jerry Carter 
Rep. Chris Humphrey 
Rep. Frank Iler 
Rep. Jake Johnson 
Rep. Jeffrey C. McNeely 
Rep. Phil Shepard 
Rep. John Szoka 
Rep. Michael H. Wray 

Action Alert: NC Bill Removes Protections for Motel Renters

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The North Carolina General Assembly is considering legislation that would take rights away from some of the most vulnerable renters in our community.  

HB 366 is a Regulatory Reform Bill with a provision that would drastically change the way people who live in motels are treated when it comes their rights as renters and significantly exacerbate the state’s affordable housing crisis.

The bill will be considered for advancement by the N.C. Senate’s Agriculture, Energy and Environment Committee at 10 a.m. Tuesday, June 29.

The legitimate purpose of HB 366 is for the faster removal of criminal actors who reside at motels, an issue exposed after eviction moratoriums prevented motel owners from removing residents during the COVID-19 pandemic.

However, the legislation would also have the unintended consequence of forcing our most vulnerable community members into homelessness by eliminating tenant protections recognized by the N.C. Court of Appeals in Baker v. Rushing, a case litigated by Charlotte Center for Legal Advocacy under its old name, Legal Services of Southern Piedmont.

Thousands of N.C. families rely on motels as the housing of last resort to avoid homelessness, especially in Charlotte where there is an extreme shortage of affordable housing.

The pandemic has forced more families into this situation as people lost their jobs and could no longer afford traditional housing.

Thanks to our efforts 30 years ago, N.C. law recognizes that motel residents, who are not tourists with a regular home elsewhere, have the same rights as tenants in conventional homes and apartments. 

Those rights include a habitable dwelling with working plumbing, heat, and wiring along with the due process of a fair trial in cases of eviction.

HB 366 would automatically re-classify all motel tenants as “transient guests” for the first three months of their leases regardless of their record of rental payments and good conduct. Doing so gives motel landlords unlimited power to punish and evict tenants who complain about living conditions such as rodent infestation, inoperable plumbing, HVAC issues, or noise. 

For those with an eviction on their record, getting approved to rent an affordable place to live is extremely difficult. HB 366 would enable motel owners to evict already struggling residents, including children, and leave them with little to no chance of finding safe housing elsewhere.

This practice will needlessly increase our homeless population and strain public resources. And in the event of another public health crisis, these residents will not be protected by measures implemented to ensure safe shelter just because they do not have conventional housing.

Further, the legitimate issue this bill is targeting can be handled through education on current N.C. law, which already protects landlords by permitting expedited evictions through the court system for criminal actors.

If this provision remains in the legislation, it will only drive our state further into crisis when it comes access to affordable housing.

As an advocate for low-income people, Charlotte Center for Legal Advocacy urges the bill’s sponsors and the Senate Agriculture, Energy and Environment Committee to remove this provision from the legislation and protect tenants’ rights for all North Carolinians.

What you can do

Contact members of the Senate Agriculture, Energy and Environment Committee and HB 366 sponsors. Tell them long-term motel residents have the same rights as traditional tenants and this harmful measure should not become law. The Agriculture, Energy and Environment Committee will meet next Tuesday, June 29, at 10 a.m. to consider this bill.

HB 366’s sponsors are:
Rep. Larry Yarborough
Rep. John R. Bradford, III
Rep. Timothy D. Moffitt
Rep. Dennis Riddell
Rep. Jerry Carter
Rep. Phil Shepard

Learn about this this systemic problem in our community to understand how HB 366 will impact our neighbors:

WSOC-TV – Charlotte Motel Threatening to Evict Some People Who Live There
WFAE – Finding Home: Long-Term Hotel Residents Face Eviction Threats

This issue is not limited to Charlotte or North Carolina. The expansion of motels as weekly rental options is a systemic problem symptomatic of our country’s affordable housing crisis. Removing landlord-tenant protections for those who have no other options for housing is not the solution.

Learn more about the trend and how people get pushed out of our traditional housing system:

New York Times Magazine – When No Landlord Will Rent to You, Where Do You Go?

Lake Arbor Residents Urged to Seek Legal Advice Ahead of August 31 Deadline

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Concerns of residents signing away tenant rights

Charlotte, NC – Local legal advocacy groups are urging residents at Lake Arbor Apartments to seek legal advice ahead of a deadline for some to move out by the end of the month.

On July 30, residents received a notice from Lake Arbor Apartments stating that they must move out by December 31. Others were told they had leases that had expired or were no longer valid and they needed to move out by the end of August.

The notice also informed residents of an “Incentive Package” available for those who choose to leave voluntarily.

Charlotte Center for Legal Advocacy and the North Carolina Justice Center are concerned that residents could be giving up their legal rights as tenants without fully understanding all their options as the end of August nears.

The groups are especially concerned that residents who were told they did not have valid leases and must leave by August 31st, do not understand that they do not have to leave their apartments unless ordered to leave by the Sheriff, pursuant to a court order.

“A landlord’s notice to move out is not the same as a court-ordered eviction,” said Jack Holtzman, an attorney with the N.C. Justice Center. “Tenants with month-to-month leases have due process rights like all other tenants. That’s why it’s critical for residents to speak to a lawyer before making any decisions.”

The organizations urge all Lake Arbor residents to speak to an attorney even if they think they don’t have any legal remedies available to them.

The organizations are offering free legal advice to Lake Arbor residents who have been told to move out, asked to sign a release or offered an Incentive Package from the rental company.

Residents should call 919-856-2169 to discuss their options with an attorney.

The North Carolina Justice Center is one of the state’s preeminent voices for economic and social justice. As a leading progressive research and advocacy organization, its mission is to eliminate poverty in North Carolina by ensuring that every household in the state has access to the resources, services, and fair treatment it needs to achieve economic security. For more information, visit www.ncjustice.org

Charlotte Center for Legal Advocacy (formerly Legal Services of Southern Piedmont) provides expert legal advice and representation to those who cannot afford it, but desperately need it, something the organization has been doing since its inception in 1967. The Advocacy Center serves more than 3,500 families each year who are facing a crisis of safety, shelter, health or income, while providing committed advocacy work toward policy changes at the local and national level to impact a greater number of people. Charlotte Center for Legal Advocacy is a champion for those in need, ensuring their safety, security and stability. For more information, visit charlottelegaladvocacy.org.

Legal Groups Urge Lake Arbor Residents to Seek Legal Advice

Posted on

Concerns of residents signing away tenant rights

Charlotte, NC – Local legal advocacy groups are urging residents at Lake Arbor Apartments to seek legal advice before signing any document from the apartment community.

On July 30, residents received a notice from Lake Arbor Apartments stating that they must move out by December 31, while some were told they had leases that had expired or were no longer valid. Those residents were told they have only 30 days to move out, until the end of August. The notice also informed residents of an “Incentive Package” available for those who choose to leave voluntarily.

Charlotte Center for Legal Advocacy and the North Carolina Justice Center are concerned that residents could be giving up their legal rights as tenants without fully understanding all their options. The organizations urge Lake Arbor residents to speak to an attorney before they decide whether to sign anything.

Lake Arbor residents who have been told to move out, asked to sign a release or offered an Incentive Package from the rental company should call 919-856-2169 to receive free legal advice and discuss their options with an attorney from these organizations.

Lake Arbor Community Town Hall

Saturday, August 10, 2019 | 11 a.m. to 1:30 p.m.
Tuckaseegee Rec Center
4820 Tuckaseegee Road
Charlotte, NC 28208
For more information or RSVP: 980-292-1780 | laketenassoc@gmail.com

The North Carolina Justice Center is one of the state’s preeminent voices for economic and social justice. As a leading progressive research and advocacy organization, its mission is to eliminate poverty in North Carolina by ensuring that every household in the state has access to the resources, services, and fair treatment it needs to achieve economic security.

Charlotte Center for Legal Advocacy (formerly Legal Services of Southern Piedmont) provides expert legal advice and representation to those who cannot afford it, but desperately need it, something the organization has been doing since its inception in 1967. The Advocacy Center serves more than 3,500 families each year who are facing a crisis of safety, shelter, health or income, while providing committed advocacy work toward policy changes at the local and national level to impact a greater number of people. Charlotte Center for Legal Advocacy is a champion for those in need, ensuring their safety, security and stability.