Gov. Cooper's Executive Order Clarifies and Extends CDC Eviction Orders

Posted By: Jon Lowder Blog ,

On Wednesday, October 28, 2020 Governor Cooper issued Executive Order 171 which will become effective at 5:00 PM on Friday, October 30. The order extends and clarifies the CDC's eviction order as detailed below by Apartment Association of North Carolina's (AANC) General Counsel Norm Praet.

Important note: AANC will be reaching out to the Chief Justice and the Administrative Office of Courts to confirm that an affidavit will be forthcoming from the courts to satisfy the requirements of Section 1.

  1. In an action commenced on or after 5pm on October, 30, prior to filing for a summary ejectment action the landlord must execute an affidavit and present it to the court certifying that the landlord has provided the residential tenant with a blank copy of the CDC Declaration form. 
  2. Only 1 declaration is required per home, despite the CDC Order. 
  3. The Executive Order only precludes evictions for nonpayment or late payment if a CDC Declaration is received and not successfully challenged. 
  4. In the event the landlord believes the action should still proceed despite the filing of the Declaration, the landlord shall submit to the court a response to the Declaration identifying in writing why the landlord believes the action should still proceed despite the protections of the CDC Order. For example, the landlord may respond by indicating that the eviction is for a reason other than nonpayment or late payment of rent. A hearing to determine whether the action should proceed shall be held according to the timeline for hearings for eviction proceedings, or as otherwise established by the court. 
  5. Upon receiving a Declaration, the landlord shall take no actions to request a writ of possession, and the landlord is not entitled to the writ, but the landlord may submit a response to the Declaration and request a hearing as provided in Section 4 of this summary. 
  6. If a court determines that the eviction should proceed under Section 4 of this summary, and ultimately enters a judgment against the tenant, nothing in this Executive Order prohibits a landlord from requesting a writ of possession, and the landlord shall be legally entitled to a writ of possession in those circumstances. 
  7. In actions pending on or commenced after the date of the Executive Order, a landlord who has been provided with a tenant's Declaration pursuant to the CDC Order shall immediately notify the court that such Declaration has been received and shall submit a copy of the Declaration to the court within five (5) days of receipt. 
  8. The protections from eviction of this Executive Order shall extend to those residential tenants who have applied for the HOPE program and have been notified that they have met the eligibility criteria for participation in the HOPE program, even if those residential tenants would not qualify for protection from eviction under the CDC Order. Once the landlord has executed the HOPE Landlord-Tenant Agreement, the tenant shall be protected from eviction under the terms of that Agreement, and not under this Executive Order.