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

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

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?

Action Alert: Tell Berger and Moore No Excuses. Expand Medicaid.

Health insurance and access to health care are more important now than ever before. No one should have to make the hard choice between getting critical care and making ends meet. 

But half a million people in N.C. do not have health insurance and thousands more are losing coverage with their jobs as our economy takes a massive hit during the COVID-19 crisis.

Our state is more vulnerable to this pandemic than it should be, but it’s not too late for our legislature to do the right thing.

Expanding Medicaid now would ensure access to health care for ALL North Carolinians, while bringing billions to our economy, creating thousands of jobs and supporting struggling rural hospitals that need to stay open, at a time when all of this support is critical to our state’s viability.

NOW is the time. Call or write to Senator Phil Berger and House Speaker Tim Moore TODAY!

Our legislature cannot ignore this need any longer, and its leaders need a clear reminder from us.

Charlotte Center for Legal Advocacy is proud to join the North Carolina Justice Center, N.C. Moms Rising and advocates across the state in calling for our legislative leaders to expand Medicaid.

Call 1-855-408-2357 to contact Senator Berger and Speaker Moore’s offices

Sample Phone Message:
Dear Senator Berger/Speaker Moore: Our state is more vulnerable to COVID-19 than it should be, but you can do the right thing. You can expand Medicaid to make sure everyone can get the health care they need during this crisis. As our neighbors continue to go uninsured and without care during this pandemic, we all are at risk for infection, complications and even death. Don’t continue to put our state at risk. Please expand Medicaid. We are depending on you. 

Email Senator Berger: Phil.Berger@ncleg.net
Email Seaker Moore:
Tim.Moore@ncleg.net

Sample Email Message:
Dear Senator Berger/Speaker Moore,

We need our leadership to come together and figure out a solution that protects North Carolinians from COVID-19 and financial ruin. To do that, you must act now to expand Medicaid for more than 500,000 people.
The COVID-19 crisis is weakening our economy, workers and employers in ways that no other recession has before. We have seen unprecedented numbers of people lose their jobs and health insurance benefits in the middle of a public health crisis — when people need access to coverage the most.

The health of the person next to us affects our health and the person next to them too. We all need one another to be healthy and thriving to contribute to our economy and our community.

Those who continue to work in “essential” businesses to ensure we can meet our needs are the faces of North Carolina’s uninsured. They work in our grocery stores, delivery services and gas stations. They risk their health and their family’s health by going to work each day so that the rest of us can survive.

In risking so much, our state owes it to these workers to ensure access to critical care when they need it most through health coverage.

We need our leaders to rise above partisan norms in times of crisis to demonstrate they are willing to work for the health and welfare of our state. I urge you to expand health insurance coverage during this crisis.

Sincerely,

Update from last week:

THANK YOU to everyone who took the time to submit comments to for a stronger N.C. Last week, we called on you to advocate from home  by submitting comments to the House Select Committee on COVID-19 response. There are various policies the state can consider to stabilize families and our economy, but here were three points we emphasized in our comments:

  1. Expand Medicaid
  2. Reform Our State’s Unemployment Insurance Program
  3. Restore funding for civil legal aid.

Read the full Action Alert here.
In case you haven’t gotten around to submitting something, there’s still time! Here’s some more inspiration on how our state can reform its unemployment insurance program from our friends at the North Carolina Justice Center via NC Policy Watch: Veteran attorney explains specific upgrades NC should make to its unemployment insurance system.

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Encourage others to contact our legislative leaders and tell them now is the time to expand Medicaid.

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Action Alert: Advocate at home for a stronger N.C.

A lot of us may be stuck at home, but we can still advocate for a stronger N.C.

Our state is more vulnerable to COVID-19 than it should be, but our legislature can do the right thing by quickly enacting policies that preserve safety, financial security and family stability for ALL North Carolinians.

House speaker Tim Moore has convened a bipartisan House Select Committee to discuss policy options in response to COVID-19. The committee is soliciting public comments through an online portal to inform their priorities.

Our representatives need to hear from you!

Take a few minutes to submit comments on how the state should respond to COVID-19 in ways that ensure N.C. is better equipped to weather crisis down the road.

There are various ways the legislature could stabilize families and save our economy during these uncertain times, but here are three options we’re emphasizing:

  1. We must expand Medicaid.

    Health insurance and access to health care are more important now than ever before.

    No one should have to make the hard choice between getting critical care and making ends meet. But half a million people in N.C. do not have health insurance and thousands more are losing coverage with their jobs as our economy takes a massive hit. 

    Workers in many “essential businesses” are most likely to be uninsured and in our state’s coverage gap.

    Expansion is available, but our legislature has refused to do it.

    All of North Carolina is at risk when our neighbors are uninsured and unable to get the care they need.

    Medicaid expansion requires no increase in state taxes and can be done quickly to increase access to care and treatment. Federal taxes that we currently pay to fund expansion in most other states would cover 90% of expansion here. The remaining 10% could be paid by insurers and hospitals. 

    Expansion would bring billions to our economy, thousands of jobs and support struggling rural hospitals that need to stay open, at a time when this support is crucial.
     
  2. We must improve our Unemployment Insurance program.

    Our state has the cruelest unemployment insurance program in the country. 

    In 2013, the legislature cut benefits by almost half while making them more difficult to get. 

    The unemployment insurance trust fund has almost $4 billion today, but the program still operates based on those cuts. Before this crisis began, fewer than one in 10 unemployed workers qualified to receive benefits.

    Gov. Roy Cooper’s recent executive order as well as congressional action expanding benefits to workers impacted by COVID-19 are a start, but our state’s program does not go far enough to support people who are out of work.

    Thousands now depend on unemployment benefits for significant financial support. We need to make these benefits accessible to help families and our economy weather this crisis.
     
  3. We must restore state funding for civil legal aid to help people meet basic needs. 

    Life altering decisions are made every day in our legal and administrative systems that directly impact a person’s chance at stability. These systems are not easy to navigate without legal help, but no one has the constitutional right to an attorney in civil legal cases.

    Only those who can afford legal help get what they need.

    Before the recession, state funding for civil legal services was $7 million per year. Now that funding totals about $1 million.

    People who never expected to need our help are now trying to figure out how to manage debt, access health care, avoid homelessness, stop domestic abuse, and file for small business loans to help the economy recover.

    This work stabilizes families in crisis. It reduces the need for emergency services and improves families’ income, health and well-being.

    Legal aid attorneys help families prevent bad situations from spiraling out of control. Restoring this funding would enable N.C.’s legal services organizations to answer more calls for help during this crisis and beyond, ensuring equal opportunity for low-income people.

    We cannot wait another day to provide civil legal assistance to help families preserve their stability and succeed.

Now is the time

Now is the time for our representatives to step up and serve the people of this state, who are the victims of this viral pandemic.

These investments in our community would ensure all residents can reach their fullest potential regardless of socioeconomic background or whatever crisis life throws their way.

Submit your comment

Need more inspiration? 

Check out our 2020 Advocacy Agenda for more ways we can support
safety, security and stability for ALL North Carolinians.

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