Disaster Relief Eviction Moratorium Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 395

Short Title: Disaster Relief Eviction Moratorium Act. (Public)
Sponsors: Senator Applewhite (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S395-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW THE GOVERNOR TO ISSUE AN EXECUTIVE ORDER ENFORCING 2
A RESIDENTIAL EVICTI ON MORATORIUM IN DEC LARED STATES OF 3
EMERGENCY. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 166A-19.20 reads as rewritten: 6
"§ 166A-19.20. Gubernatorial or legislative declaration of state of emergency. 7
(a) Declaration. – A state of emergency may be declared by the Governor or by a 8
resolution of the General Assembly, if either of these finds that an emergency exists. 9
(b) Emergency Area. – An executive order or resolution declaring a state of emergency 10
shall include a definition of the area constituting the emergency area. 11
(c) Expiration of States of Emergency. – A Except as provided in subsection (c3) of this 12
section, a state of emergency declared pursuant to this section shall expire as follows: 13
(1) If not a statewide emergency area, when it is rescinded by the authority that 14
issued it. 15
(2) If a statewide emergency area, 30 calendar days after issuance without a 16
concurrence of the Council of State. A declaration of emergency may not be 17
continued without the concurrence of the Council of State. If the Council of 18
State concurs with the declaration of emergency, the declaration of emergency 19
shall expire 60 calendar days after issuance , unless the General Assembly 20
extends the declaration of emergency by enactment of a general law. If the 21
General Assembly does not extend the declaration of emergency by enactment 22
in accordance with this subdivision, the Governor shall not issue a 23
substantially similar declaration of emergency arising from the same events 24
that formed the basis to issue the initial declaration of emergency that was not 25
extended. 26
… 27
(c3) Residential Eviction Moratorium. – If the Governor or the General Assembly declares 28
a stat e of emergency, the Governor may institute a residential eviction moratorium in the 29
emergency area by issuance of an executive order if the Governor finds that the disaster has 30
caused widespread displacement, job loss, or other economic hardships that woul d lead to a 31
significant increase in homelessness but for a moratorium . An initial executive order instituting 32
a residential eviction moratorium shall not exceed 90 calendar days . The Governor may 33
subsequently extend the residential eviction moratorium in increments of 30 calendar days, 34
provided that the moratorium does not exceed 180 total calendar days. 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 395-First Edition
An executive order issued in accordance with this subsection shall remain in full force and 1
effect unless rescinded by the Governor. The General Assembly and the Council of State shall 2
not have the authority to rescind, modify, or otherwise affect a residential eviction moratorium 3
issued under this subsection. 4
For the purposes of this subsection, the term "eviction" means any action taken by a landlord 5
to remove a tenant, including formal eviction proceedings, nonrenewal of a lease for reasons 6
related to nonpayment of rent, or any other involuntary removal from a rental unit. 7
This subsection shall be presumed valid and necessary to protect the health, safety , and 8
welfare of the residents of this State during a declared state of emergency, and a court of 9
competent jurisdiction shall evaluate any action in accordance with this subsection under a 10
rational basis standard, recognizing the compelling State interest in preventing mass 11
displacement and homelessness during a state of emergency. 12
(c4) If the Governor issu es an executive order under subsection (c3) of this section, t he 13
Governor may direct available State and federal funds, within the parameters of State and federal 14
law, towards rental assistance programs to mitigate the financial impact on landlords and tenants. 15
(d) Exercise of Powers Not Contingent on Declaration of Disaster Type. – Once a state 16
of emergency has been declared pursuant to this section, the fact that a declaration of disaster 17
type has not been issued shall not preclude the exercise of powers otherwise conferred during a 18
state of emergency. 19
(e) Extra Session; Emergency Transportation Expenditures. – The General Assembly 20
considers a determinat ion by the Secretary of Transportation under G.S. 136-44.2E(f) that 21
anticipated emergency expenses will exceed the funds in the Transportation Emergency Reserve 22
within the meaning of the term "extraordinary occasions," and therefore the Governor is 23
authorized to convene the General Assembly in Extra Session under Section 5(7) of Article III 24
of the North Carolina Constitution. The General Assembly strongly urges the Governor to 25
convene the General Assembly in Extra Session within 14 days of notice by the Secretary under 26
G.S. 136-44.2E(f) for the purpose of appropriating funds from the Savings Reserve to the 27
Emergency Reserve to address the transportation needs of the State necessitated by a major 28
disaster." 29
SECTION 2. This act is effective when it becomes la w and applies to executive 30
orders issued on or after that date. 31