GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	3 

HOUSE BILL 438
Committee Substitute Reported Without Prejudice 4/20/99
Senate Judiciary II Committee Substitute Adopted 7/14/99

Short Title:  Housing Authority Exemption.	(Public)

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Sponsors:

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Referred to:  

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March 15, 1999

A BILL TO BE ENTITLED
AN ACT EXEMPTING HOUSING AUTHORITIES FROM REAL ESTATE LICENSURE REQUIREMENTS. 
The General Assembly of North Carolina enacts:
Section 1. G.S. 93A-2(c) reads as rewritten:
"(c)	The provisions of this Chapter shall not apply to and shall not include:
(1)	Any person, partnership, corporation, limited liability company, association, or other business entity who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned or leased by them, where the acts are performed in the regular course of or as incident to the management of that property and the investment therein.
(2)	Any person acting as an attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation of performance of any contract for the sale, lease or exchange of real estate.
(3)	The acts or services of an attorney-at-law.
(4)	Any person, while acting as a receiver, trustee in bankruptcy, guardian, administrator or executor or any person acting under order of any court.
(5)	Any person, while acting as a trustee under a trust agreement, deed of trust or will, or his regular salaried employees.
(6)	Any salaried person employed by a licensed real estate broker, for and on behalf of the owner of any real estate or the improvements thereon, which the licensed broker has contracted to manage for the owner, if the salaried employee is limited in his employment to: exhibiting units on the real estate to prospective tenants; providing the prospective tenants with information about the lease of the units; accepting applications for lease of the units; completing and executing preprinted form leases; and accepting security deposits and rental payments for the units only when the deposits and rental payments are made payable to the owner or the broker employed by the owner. The salaried employee shall not negotiate the amount of security deposits or rental payments and shall not negotiate leases or any rental agreements on behalf of the owner or broker.
(7)	Any owner who personally leases or sells his own property. 
(8)	Any housing authority organized in accordance with the provisions of Chapter 157 of the General Statutes and any regular salaried employees of the housing authority when performing acts authorized in this Chapter as to any property owned or leased by the housing authority. This exception shall not apply to any person, partnership, corporation, limited liability company, association, or other business entity that contracts with a housing authority to sell or manage property owned or leased by the housing authority."
Section 2. Article 1 of Chapter 157 of the General Statutes is amended to add a new section to read:
"§ 157-26.1. Exemption from real estate licensure requirements.
The authority and the regular salaried employees of the authority shall be exempt from the requirements of Chapter 93A of the General Statutes as provided in G.S. 93A-2(c)(8)."
Section 3. This act is effective when it becomes law.