'It's hard out here.' NC bill would let hotels bypass court to evict residents

Jonteiz Barrier, a Charlotte resident, sighs deeply and counts how many hotels he's lived in.He pauses and says, "I would say around 15".Barrier is a line cook, and also drives for DoorDash or Instacart to earn extra cash. It is not enough to save for a security deposit and past credit problems make it difficult to find housing in a crowded rental market.This is the reality for thousands of Charlotteans. However, a change in state law could limit tenancy rights for residents of hotels and motels. This alarms housing advocates who claim that the bill would remove due process from courts for anyone facing removal.The bill would make people who stay in hotels for less then 90 days transient occupants, and not tenants. This means that hotel owners can remove them without a court-ordered expulsion.According to N.C. Rep. John Bradford (a Mecklenburg Republican who is also one of the bill sponsors), the hotel industry wants the changes to make it easier for criminals to be removed,Housing advocates argue that removing tenancy rights from hotel guests removes vital protections for vulnerable individuals who are unable to find permanent housing. Advocates say that those who are behind in hotel payments can be locked out of their rooms, and could lose all belongings, rather than going through eviction court.In cities like Charlotte, where housing is scarce, the role of hotels and motels has been highlighted. This is often the only option for those with poor credit, criminal records, past evictions or who cannot afford significant upfront costs to rent an apartment.There is disagreement about whether North Carolina law requires hotel landlords to treat their occupants as their primary residence. If so, they can use the court eviction process for them to be removed.Jessica Moreno is an organizer for the Tenant Organizing Resources Center. She said that hotel dwellers' tenancy rights were essential to keep people housed during COVID-19, which struck many of them unable to pay.Continue the storyShe said that it would eliminate people's last fighting chance.The tenancy provisions form part of House Bill 366, a larger regulatory reform act. It passed two Senate committees and is now headed for a vote by the full Senate.Charlotte advocates for outlawing assistance for homeless people.Are you a tenant or a guest?The pandemic saw many people suddenly unable to pay their rent and hotel tenancy rights were created. In April 2020, the North Carolina Attorney General Josh Stein notified over 100 hotels that they were protected by landlord-tenant laws.According to the attorney general's guidance to hotel owners, courts look at many factors when determining if someone is a tenant. These include length of stay, whether they receive mail from there, and frequency of payments.Juan Hernandez, an attorney at the Charlotte Center for Legal Advocacy, stated that this gives people enough time to find an attorney or rent assistance. He said that without it, people could be placed on the streets and have their belongings locked up immediately.Instead of going to court to ensure that the tenant is treated fairly, the motel owner can simply call the police to report that there has been a trespasser for two months. Hernandez stated that Hernandez wanted them to be taken out.If that protection isn't available for those who live there as their primary residence, it will lead to more homelessness.Rep. Bradford stated that Stein's guidance and the federal moratorium on evictions have prevented police from removing persons who damage property or commit other serious crimes on hotel property. He asked senators Tuesday to look into the possibility of a hotelier allowing someone to stay on their property who they suspect is involved in sex trafficking.You call the police, and they go okay. But we received this letter from the attorney general saying that you must go through the tenant-landlord laws. Bradford stated. Good luck with their eviction. These people must be kept. This is pure absurdity.N.C. Senator Jeff Jackson, a Democrat hailing from Mecklenburg, disputed this notion at the meeting.If they have video of sex trafficking in a motel, and you call them, they won't waive any letter from an attorney general. Jackson stated that they would go to pick up the people. I'm also interested in hearing if there are any reports that police have not picked up people involved in sex trafficking. Let's get to the bottom.Officials from Charlotte-Mecklenburg Police Department did not respond when asked if Chief Johnny Jennings supported the bill or if they were prevented from making arrests in hotels by the guidance of the attorney generals.If a tenant engages in criminal activity, neither the federal nor state eviction moratorium prohibits landlords from petitioning for an order of eviction. COVID-19 protections against evictions only apply to tenants who are unable to pay rent because of a pandemic-related loss of income or illness.Lynn Minges, North Carolina Restaurant and Lodging Association President and CEO, said that the bill is supported by the Association. This is partly due to the way in which the state revenue department collects occupancy and sales tax for stays less than 90 days.She stated in a statement that it provides clarity to our hotel law, as well as for guests and law enforcement. This is the line the bill draws between a temporary guest and a long-term tenant.Leegraciea Lewis lives in a hotel room since November, after she lost her apartment. She is currently looking for an affordable and accessible apartment that's near her doctors in Charlotte.Who lives in hotels?Experts say that people who live in hotels are often unable to find stable housing and may be at risk of becoming homeless. This includes people with financial constraints and families that have recently been homeless or escaped domestic violence.Mecklenburg County, along with partner organizations, annually count the number of people living outside or homeless in the region. However they do not track how many people stay in hotels. According to the district, more than 1,100 Charlotte-Mecklenburg Schools Students and their younger siblings stayed in hotels during 2019-20.This does not include single adults or households with school-age children, such as Leegraciea Lewis who was evicted last summer from her nine-year-old apartment.Lewis, 52, is having difficulty finding an apartment that is affordable and close to her doctors. Lewis was paralysed on her right side by stroke.She has lived in a motel close to I-77 and Billy Graham Parkway since November. This motel is near a group of motels that have frequent long-term residents. She stated that the weekly rent fluctuated from $700 per week to around $700 at one time.She said that it was difficult out there.The Observer spoke with people who live in motels. They described a complex landscape that makes it difficult to distinguish between long-term and shorter-term motel residents. People may live in motels for years or even months. However, they might move from one room to another or to different locations when they have to or because of financial constraints.Barrier, 33, stated that he is frustrated by the fact that he cannot get out of his motel cycle. He often pays more than the average Charlotte rent. He said it is difficult to save enough for a security deposit and that he often applies for jobs where three times the rent is required.He didn't have a rental history to prove he was a reliable tenant after months of paying for motel rooms. His girlfriend and he made the hard decision to send their children to live with relatives because they desire a more stable environment than what motels can offer.My children will be able to say "Daddy bought a house!" when I am able to keep up with them. He said, "Life has changed."Are you facing eviction? Charlotte residents who are affected by COVID still have $11M to get rent assistanceNC eviction moratorium will be lifted, but the CDCs order continues to protect eligible tenants