Tuesday, April 24, 2012

Legislative Alert - Take Action on House Bill 3274


TAKE ACTION!  

House Bill 3274 by Representative Chip Huggins relating to expedited eviction is scheduled to be heard this week on the House floor. Please take this opportunity to tell your Representative to SUPPORT House Bill 3274.

Talking Points for when you talk with your House Member:
According to the National Crime Prevention Council, being a victim of a violent personal attack is the number one crime concern to renters nationwide. The South Carolina Apartment Association is asking for your support of this bill to protect the tenants in our state.

  • Currently, in situations considered to be an emergency, such as a threat to safety, it can take up to 30-40 days to evict tenants- this is much too long!
  • 34 other states have already passed similar legislation to provide for further protection of the people that live and work on rental properties.
  • Under this legislation, the only circumstances for expedited eviction are a significant threat to safety or malicious property damage
  • The goal of this legislation is to protect the rights and safety of ALL tenants.

Additional tenant protections under this proposal:

  • The proposal specifically says that it will be the Landlord's burden to prove malicious intent or threat to safety in order for a judge to grant an expedited eviction.
  • Instances of domestic violence are excluded.
  • The proposal would provide that 2 attempts must be made to notify the tenant. The two attempts must be separated by at least 24 hours and be at different times of the day in order to be fair.
  • The landlord or property manager must file an affidavit stating specific facts and instances in support of why an expedited hearing is required. The affidavit must then be reviewed by a judge and scheduled for an expedited hearing.
  • The tenant then has 10 days to show why he should not be ejected.
  • The landlord or property manager must pay a fee to the court when filing their affidavit.
  • The magistrate may impose a civil penalty of up to $500 for abuse of the expedited process.

Make Contact:
If you can see your Representative in person, this would be most effective. Otherwise, give them a call. Please only target YOUR Representative unless you have a personal relationship with an out-of-district Representative.  

If you do not know who your Representative is please click on the link to enter the facilities address to determine your Representative. 

Please make at least two attempts to call your Representative. If you do not reach them, be sure to leave several things in your message:  

  1. your name,   
  2. that you are a constituent of theirs,   
  3. that you want them to SUPPORT House Bill 3274 relating to expedited eviction, and   
  4. how they can get back in touch with you if they have any questions.   

In addition to calling your Representative, please follow up with an email requesting their support.

If you get a negative response from your Representative or have any questions, please call Annie Wilson, Richard Davis or Heather Smith at 803-252-1087.

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