Legislative Update from WRAR

Homeowner Concerns

Consumer Economic Protection Act of 2009
SB 974, introduced by Sen. Tony Rand (D-Cumberland), is an effort to protect the owner during the foreclosure of their primary residence. Among other things, it allows the clerk of court to delay a foreclosure proceeding where the clerk finds that there is good cause to believe that additional time or additional measures have a reasonable likelihood of resolving the delinquency without foreclosure. The bill passed both the House and Senate.

Land Use Decisions
SB 44, introduced by Sen. Ellie Kinnaird (D - Orange), sets out the details of who can appeal a court decision on land use, how it is to be appealed and when the appeal can be made. The bill passed the House and Senate and was signed into law (SL 2009-421) by the Governor on August 5, 2009.Land Development/Zoning
City of Wilmington Exercise Extraterritorial Planning and Zoning
SB 173, introduced by Senator Boseman (D-New Hanover), would allow the City of Wilmington to have authority to exercise any planning, zoning, subdivision, building, or other regulatory authority within New Hanover County. The bill passed the Senate and is now in the House.
Annexation
HB 524, introduced by Rep. Bruce Goforth (D-Buncombe), would reform the state's annexation laws by requiring municipalities to provide water and sewer services to newly annexed areas within three years with a prohibition on further annexations by a municipality until it provides such services. It would also require a referendum for involuntary annexations, under certain circumstances, which would be held among residents in both the city limits and in the proposed annexation area. The bill passed the third reading in the House.

Housing/Mortgage

Appraisal Companies
SB 829, introduced by Sen Jenkins (D-Edgecombe), would require registration of real estate appraisal management companies in North Carolina. The bill passed the Senate and has been referred to the House Committee on Commerce.
On the Federal level there has been some movement. Click here to get more information on the Home Valuation Code of Conduct from NAR.
County Assistance for Tax Appraisals
SB 405, introduced by Sen Hartsell (R-Cabarrus), is an Act to assist counties and the Dept. of Revenue in obtaining accurate real property sales information needed for property tax appraisals. The bill passed the House and Senate and was presented to the Governor to sign on July 31, 2009.
S.A.F.E. Mortgage Licensing Act
HB 1523, introduced by Rep. Dan Blue (D-Wake), is intended to conform the North Carolina mortgage licensing act with the Federal requirements that were enacted as part of the Housing and Economic Recovery Act of 2008. The bill passed the House and Senate and was signed into law (SL 2009-374) by the Governor on July 31, 2009.
An Act to Make Changes to the Emergency Program to Reduce Home Foreclosures
HB 1222, introduced by Rep. Blue (D-Wake), updates the rate spread and high-cost home loans statutes and makes a conforming change to the Emergency Program to Reduce Home Foreclosures Act. The bill passed the House and Senate and was presented to the Governor to sign on July 31, 2009.
An Act to Conform certain N.C. Tax Credits to Federal Tax Credits
HB 1227, introduced by Rep. Gibson (D-Anson & Union), allows certain N.C. state taxpayer credits to conform to the Federal new markets tax credits. The bill is now being considered by the House.
Home Inspector Legislation
SB 1007, introduced by Senators David Hoyle (D-Gaston) and Don Vaughan (D-Guilford), incorporates changes to the Home Inspector Licensure Statutes. These changes cover everything from the summary page issues to the pre-licensing education requirements. The bill clarifies what information should be contained on the summary page of the home inspection report and requires all existing home inspectors to take 48 hours of instruction over the next three years on inspection techniques and reporting requirements. The bill also changes the licensing procedure from an apprentice-style approach to one that requires pre-licensing education. The bill passed the House and Senate and will be presented to the Governor to sign.
Affordable Housing/No Discrimination
SB 810, introduced by Sen. Floyd McKissick (D-Durham), makes it unlawful to deny a land-use permit because the project will include affordable housing units. The bill passed the House and Senate and was presented to the Governor to sign on August 5, 2009.