NC Executive and Judicial Order CORRECTION & Updates
Date postedJune 2, 2020
Attached you will find a summary of relevant portions of both Governor Cooper and Chief Justice Beasley’s Orders. The actual language of the Orders and their effects did not track exactly with the press releases provided over the weekend. The actual effects are listed below. Below are significant points of concern:
The major effects of the order on landlords are that:
1) all non-payment related eviction proceedings in NC have been stayed until at least June 21,
2) no late fees may be charged for this period, and
3) residents must be given six months to pay rent that becomes due between June 1 and June 21.
The June 21 date may be extended by future Orders.
The Chief Justice issued the attached companion order that:
1) Staying all eviction hearings until 6/21 and writ executions until 6/30, whether or not they are for non-payment related claims.
2) Requiring a new affidavit certifying that the property is not subject to the CARES Act to be filed before judgment in all matters filed prior to June 1, and with all complaints for matters filed after June 1. The Order further required the AOC to adopt a form of Affidavit. General Counsel, Norm Praet was on a committee under the AOC that put together a recommended form of affidavit so it should be coming out shortly.
Thanks to AANC Staff and all involved for working diligently to provide clarification on these orders and how it impacts our members. AANC will continue to explore all options available to address these serious issues and keep the board and affiliates abreast of developments.