Executive Order 171 | Important new requirement for Landlords initiating evictions
On October 28, Governor Cooper announced Executive Order 171 “Assisting North Carolinians At Risk of Eviction.” This order requires all landlords to provide the CDC Declaration Form form to residential tenants in any action for eviction. The landlord must also “execute an affidavit and present it to the court, certifying that the landlord has provided the residential tenant with a blank copy of the Declaration form.”
To assist members in complying with this Order, NC REALTORS® adopted Form 465: Affidavit Showing Delivery of Blank CDC Declaration Form to Tenant. Members may download this form in the NC REALTORS® Forms Library (search “Form 465” or browse the 400 series, login required). The blank CDC Declaration Form can be accessed here. Form 465 and the blank Declaration will be available with forms software providers soon.
The Governor’s order does not require landlords to document their providing the CDC Declaration to a tenant except for the affidavit. However, members may consider sending the CDC Declaration form via tracking service, such as FedEx or UPS, to provide supplemental evidence of compliance.
While NC REALTORS® engages with the Governor and the Courts to clarify this requirement, we recommend immediate compliance as the penalties may be large.
This order also extends eviction protections to eligible HOPE Program applicants, even if such applicants do not qualify for protection under the CDC’s order. Here is the HOPE Program application.
- Eviction Mediation Program
- HOPE General Factsheet & FAQ
- HOPE For Landlords Factsheet
- NC REALTORS® Legal Hotline
- NC REALTORS® Property Management Division
NC REALTORS® recently held a webinar with Attorney John Wait and PMD Chair Jennifer Stoops to discuss managing rentals under EO 171 and the HOPE Program. Watch the webinar, and reference additional resources above.