This landlord rights bill would make things worse for many NC renters | Opinion

A bill that recently passed the North Carolina House would have a chilling effect on tenants’ rights if it becomes law.

House Bill 551 would force tenants to pay their landlords’ legal fees if they appeal an eviction, regardless of the outcome of the case. It will also enable landlords to discriminate against disabled renters and those with Housing Choice Vouchers. These changes will likely increase housing instability, evictions and homelessness at a time when N.C. renters are already in crisis.

Now on the docket as Senate Bill 553, this “Landlord-Tenant” rights bill will benefit wealthy corporate property owners and their lawyers while harming renters across the state.

Specifically, it will allow landlords to charge and recover attorneys’ fees and filing costs of the court from tenants who choose to appeal their evictions, regardless of whether the tenant or landlord wins the case. As the bill is currently written, it also does not matter who appeals the case. This means that landlords could conceivably appeal to the district court when tenants win in small claims court, and even if the tenant wins again, they could be forced to foot the bill for their landlords’ legal expenses.

This would make it significantly more challenging for tenants, who already struggle to navigate eviction court appeals. That must be great news to landlord law firms whose eviction-focused legal services will become even more profitable if tenants are the ones paying their fees.

The bill also prevents cities and counties from enacting protections for tenants who use federal housing assistance programs. In other words, this will allow landlords to openly discriminate against those who use federal housing vouchers, a population that is disproportionately renters of color.

Cities like Charlotte and Winston-Salem, which have already enacted legislation banning source of income discrimination by landlords who receive public funding, will be unable to expand those protections.

This legislation will also provide landlords with the ability to require tenants with service or support animals to provide “written verification from a health service professional” regarding their disability and the need for a service or support animal. This section of the bill would unjustly shift the burden of providing documentation onto these disabled residents, who already face barriers accessing healthcare.

It will also allow landlords to sue disabled renters if they do not produce the specific documentation required for their service animals.

Unsurprisingly, this landlord rights bill has some cheerleaders in the N.C. General Assembly with financial ties to the industry. For instance, Rep. Kyle Hall, the primary sponsor of this bill, has received multiple campaign donations from the Apartment Association of North Carolina PAC.

Rep. Hall has said “I support the rights of individuals with disabilities to request reasonable accommodations to provide safe and adequate housing,” adding that it creates “meaningful provisions that protect an individual’s need for support and service animals.” These protections are already codified in Fair Housing laws and the Americans with Disabilities Act. The N.C. legislation would undo those rights.

It is imperative to recognize the barriers to housing that this bill would create. It would hurt renters who utilize federal assistance programs, disabled tenants, renters of color, and those simply seeking due process in our courts. This legislation will increase evictions and homelessness while making it more difficult for low-income and disabled people to find rental housing.

We demand that the sponsors of this bill do the right thing and withdraw it.

This story was originally published June 12, 2023 at 12:42 PM.