Friday, September 16, 2011

Free - Graffitti Remover

One of our customers has acquired some free graffiti removal product that just went out of date. We would like to offer it free, first come, first served, to landlords who could use it. We have tested it and it works just fine. It is biodegradable and is called Remover Magic by Certol, that sells this internationally. People can contact me at scduffley@aol.com to reserve and pick up one gallon bottles.

Christine Duffley

Thursday, June 23, 2011

Trouble Finding Renters for your Apartments?

By Jeannine Richardson – Landlord Connection, Inc.

Don’t limit your ads to Craigslist. There are many other avenues to explore. Here are some ideas to increase the number of people seeing your ads.

Location, location, location!

·Post a sign on your property in a visible location. Try to include as much information as possible so you only get calls from people who are serious and already know basic information (i.e. price, number of bedrooms, utilities included? are pets allowed?)

·Is your rental within walking distance to shopping or restaurants? Speak with the employees and see if they know anyone looking to move closer to work.

·Near public transportation? Add this convenience to your ad.

· Are your apartments located near a college campus, hospital or large business? Contact their Human Resource Depts. and see if they have a bulletin board system where you can post your rentals.

Get the Word Out
Send out an email to co-workers, neighbors, friends and relatives letting them know you have a rental available. Also post on Facebook or Twitter.

Offer something that no one else is offering
· Free High-Speed Internet (cable/DSL)
· First month of rent for free
· Washer/Dryer Unit in the unit
· Paying moving expenses or moving truck fees
· Discounting first month’s rent
· Paying utilities, etc.
· Free renters insurance.
· Free Wi-Fi

While others may believe that “keep‘em happy” gifts are a waste, I think it's always a nice gesture of goodwill. If a great tenant is considering leaving, perhaps offering one of these incentives will work to keep them. One of the most important things to remember is that landlords are in business, and must treat it as so. What tenants basically want is a landlord who takes care of things and leaves them alone.

The main reason to use these incentives is to get people in the door and to occupy your vacant units. If you’re unable to attract tenants because of a slow rental market, maybe these ideas can help you to either bring in people who weren’t considering the unit in the first place or attract people deciding between someone else’s apartment and yours.

Widen Your Audience AreaWeekly papers are a good way to increase the number of people seeing your ads. Their advertising rates are typically much lower than the daily newspapers. Here are several other avenues to explore.

Local Weekly NH Newspapers
More people read the weeklies than you realize. Here’s a link to NH weekly newspapers:
http://www.nhliving.com/newspapers/weeklies.shtml

NH Daily Newspapers
Newspapers are still read although usually online.
http://www.nhliving.com/newspapers/index.shtml

Property Management Companies

http://www.allpropertymanagement.com

http://www.peloquinrealty.com/

http://www.realpropertynh.com/

http://www.metropolispmg.com

More Websites
The following websites also offer free posting of your ads:

http://craigslist.com

http://rent.com

http://rentalads.com

http://findmyroof.com

http://rentals.com

http://forrentbyowner.com

http://rentalhousehunter.com

Finding someone to rent your property is only the beginning. When you finally locate renters interested in your property, don’t forget to screen your potential tenants. If you think you can screen them on your own – think again. The only information you have about them is what they have chosen to tell you. Landlord Connection’s Decision Report can fill in the gaps. Visit our website at http://landlordconnection.com for information.

Wednesday, June 8, 2011

Attracting Tenants with Incentives or Gifts

Attracting Tenants with Incentives or Gifts
Author: Joshua Dorkin • URL: http://www.biggerpockets.com/

Sometimes landlords need to use incentives to keep their tenants happy, or in the case of a bad rental market, to attract new tenants. A few of the ideas I’ve read about in our forums are:

Keep ‘em happy ideas:

- New A/C Units
- New Fans
- Upgraded hardware like towel bars and knobs
- Starbucks/Blockbuster gift cards
- Small gifts on the holidays

Ideas for attracting new tenants:

- Free High-Speed Internet (cable/dsl)
- First month of rent for free
- Washer/Dryer Unit in the unit
- Paying moving expenses or moving truck fees
- Discounting first month’s rent
- Paying utilities, etc.
- Free renters insurance.
- Free Wi-Fi

While others may believe that “keep ‘em happy” gifts are a waste, I think it's always a nice gesture of goodwill. If a great tenant is considering leaving, perhaps offering one of these incentives will work to keep them. One of the most important things to remember is that landlords are in business, and must treat it as so. What tenants basically want is a landlord who takes care of things and leaves them alone.

The main reason to use these incentives is to get people in the door and to occupy your vacant units. If you’re unable to attract tenants because of a slow rental market, maybe these ideas can help you to either bring in people who weren’t considering the unit in the first place or attract people deciding between someone else’s apartment and yours.

Wednesday, June 1, 2011

The EPA recently fined a painting contractor in Maine $150,000.

The EPA recently fined a painting contractor in Maine $150,000.
Are you next?
Not if you Get EPA/HUD Lead Certified NOW!


Contractors, Renovators, Painters, Landlords . .If you are working for compensation on a residential or child occupied facility that was built before 1978 you are required by the EPA to have this certification

Wednesday, June 15, 2011
8:30-5:30
HBRANH
119 Airport Road
Concord, NH
Members $200
Non-Members $250
Registration and payment required
Call to register 603-228-0351

Solving The Mystery of Building Green Homes
Tuesday June 21, 2011
3:00
HBRANH
Build Green NH Council Members-FREE
$25 for ALL others.

A fast paced, fact filled session on how to get certified, market these homes and make money on them.

Accredited Verifier for Nathional Green Building Standard,Philip LaRocque will be the presenter.
Call for more information and registration.

Appeals Court Upholds OSHA's Fall Protection Directive
All residential construction employers must comply with new Federal Regulations
Are You Prepared?
The U.S. Department of Labor's Occupational Safety and Health Administration recently announced a new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements. The directive being replaced, issued in 1995, initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction. However, there continues to be a high number of fall-related deaths in construction, and industry experts now feel that feasibility is no longer an issue or concern.

OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001. Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard. With the issuance of today's new directive, all residential construction employers must comply with 29 Code of Federal Regulations 1926.501(b)(13). Where residential builders find that traditional fall protection is not feasible in residential environments, 29 CFR 1926.501(b)(13) still allows for alternative means of providing protection.

Construction and roofing companies will have up to six months to comply with the new directive.

Attend this class to receive the latest training and information on how to comply.

To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

June 16, 2011
HBRANH
119 Airport Road
Concord, NH
$40 for HBRANH Members-$50 for non-members
Registration by calling 603-228-0351.

Friday, May 27, 2011

POTENTIAL CHANGES TO LANDLORD PROPERTY STORAGE AND MUNICIPAL FILING REQUIREMENTS (SB 70)

Courtesy of the NH Board of Realtors

POTENTIAL CHANGES TO LANDLORD PROPERTY STORAGE AND MUNICIPAL FILING REQUIREMENTS (SB 70)

Please note emphasis on the words POTENTIAL CHANGES.

The House Judiciary Committee voted to recommend passage of SB 70, which lowers the time in which a landlord must store tenant’s belongings after they have vacated the property. Currently, a landlord must store the belongings for 28 days.

Under this bill, the landlord would need to store the tenant’s belongings for just seven days after the tenant vacates. The bill also states that if a landlord violates the statute, he or she will only be subject only to an award of actual damages, plus costs and reasonable attorney’s fees.

The Judiciary Committee also inserted an important amendment to SB 70. The amendment removes the requirement that landlords must file, with the municipality in which the property is located, a statement that includes the name of an individual residing in New Hampshire who is authorized to accept service of process for any legal proceeding brought against the owner relating to the restricted property.

This requirement went into effect on Jan. 30 of this year. The original intent of the legislation was to make legal service on out-of-state landlords easier for municipalities but ended up compelling all landlords in the state to comply.

If signed by the Governor, this bill will go into effect on Jan. 1, 2012.

Wednesday, May 25, 2011

Landlord Connection Announces new Report Options

New Prices and Report Options Effective July 1st 2011

NEW – TENANT DECISION REPORT –

Here's what's included in our New Tenant Decision Report:

Identity Verification including SSN & DOB
Past & Present Addresses
Landlord Reports
Names of landlords w/phone numbers (when available)
Eviction history (all 50 states)
Registered Sex Offender Search
Inmate Roster since 1997 (NH only)
Credit Evaluation which includes a Credit Score/ Risk Factor/Delinquency Rate/ Recommendation
Criminal Search – 46 states plus DC (does not include DE, MA, SD or WY)
Terrorist
Most Wanted
OFAC/US Treasury Dept

Cost: $27.95 for Standard Plan customers and $29.95 for Limited Plan Customers

Note: Additional charge of $30.00 applies for MA and NH County searches which may take up to 5 business days.

What is a Credit Evaluation? Landlord Connection will look at an applicant’s last 24 months for collections, court judgments, bankruptcies and late payments as well as their credit scores. We will provide you with a credit score range, the percentage of risk, reasons for their credit credit score and a recommendation (when applicable). Here is a sample:

Credit Evaluation
Credit Score: 550-600 Grade: C Risk Level: Elevated
Odds of Delinquency: 51% Reason: Collection Accounts
Recommendations: Credit worthiness has not been established. Request explanation from applicant regarding unpaid accounts.

Beagle being used by Pest Service to detect Bedbugs

WESTBROOK, Maine — “Find your B’s,” says Anthony Silva to Sherlock, a young beagle he’s leading through a home they’re inspecting.

Silva and Sherlock aren’t looking for drugs, explosives or other things normally associated with dog searches. Rather, the “B’s” they’re sniffing out are bedbugs.

As Sherlock scans the living room, he stops and scratches at a couch cushion, alerting on the scent of the pervasive parasite. Upstairs, in a bedroom, he hits on the edge of a mattress, too.

There’s bedbugs upstairs and down.

Luckily, Silva and Sherlock are on a training run, in the home of a fellow employee with Brunswick-based Modern Pest Services. The B’s Sherlock hit on were in vials that Silva had planted earlier.

Modern Pest Services, which has offices in Bangor, Augusta, Westbrook, Manchester, N.H., and Woburn, Mass., brought Silva and Sherlock on board earlier this month. The company spent roughly $15,000 on the dog and training for both canine and human.

Richard Stevenson, chief technical officer of the family-owned business, said the company invested in the dog because of the value in early detection of bedbugs. Roughly 40 percent of the dog’s brain is related to its nose. It can take a human a full day to inspect an average single-family home for bedbugs, costing about $300. And if the infestation is early, not widespread, there’s a decent chance the humans won’t detect anything.

On the other hand, Sherlock can inspect a home in 15 to 20 minutes, costing about half as much, and with a much greater chance of detection – no matter how small the bedbug presence.

Jim Dill, a professor with the University of Maine’s Cooperative Extension and a bedbug expert, said dogs have been used to detect bedbugs for about four years, and he knows of three other companies in Maine making use of canines.

He estimates dogs are about 85 to 90 percent effective in bedbug detection. One of the problems is they are limited in where they can sniff; they can’t check out ceilings, for example.

“The flip side is if you’ve got a bedbug on the ceiling, you’ve probably got a lot more bedbugs in the house and he’s going to find them anyhow,” said Dill.

And overall they are much more effective than human inspectors, agreed Dill, particularly in small infestations. Dill knows about inspections; he recently produced a video that demonstrates how to inspect a hotel room for bedbugs — before settling in and allowing them to catch a ride home with you in your luggage.

There’s demand for dog handlers to deal with the growing problem of bedbugs. Silva is a professional handler and had been working for the last year in Afghanistan for a security contractor, working with explosives-sniffing dogs. When he came back to the United States, he had four job offers to work in bedbug detection, all along the East Coast.

His new line of work isn’t as dangerous as bomb sniffing, said Silva, but is generally similar.

“At the end of the day, scent work is scent work,” said Silva.

Stevenson, who’s worked for 30 years in pest control, remembers going on his first bedbug job with his father in 1980. For decades, bedbugs were rare. Modern Pest would do three or four bedbug jobs a year, said Stevenson.

In the early 1990s, they showed up on the national scene in bigger numbers, particularly in large cities like Dallas, San Francisco and New York City. In 2003 or 2004, they began showing up in Maine.

Today, Modern Pest teams do bedbug work every day, said Stevenson. Dill said he’s seen bedbug cases mostly from Bangor south. Modern Pest has clients that include hotels, hospitals, nursing homes, private homes and the like, said Stevenson.

Stevenson said his company has gone from doing a few bedbug jobs a year in 2002 to now more than 1,500 jobs annually, which does not include follow up and reoccurring services.

So what caused the resurgence? Stevenson said the biggest theory is the hitchhiking parasites came to the country as international travel increased. And many insecticides have been taken off the market, replaced by chemicals that are pest-specific – and not aimed at bedbugs.

“Society, in general, was unprepared for this pandemic,” said Stevenson.

Around the year 2000, many companies moved toward baiting of pests, rather than spraying, noted Dill. Bedbugs, he said, aren’t attracted to the baits. And there may be a resistance problem – some bedbugs may no longer be affected by some insecticides.

Stevenson said his company sees this as a problem that will last and, in fact, grow.

“Our feeling is it’s not going to go away – there’s no reason it would go away,” he said.

Last year, Modern Pest made even greater investments in the battle against bedbugs, spending $200,000 in equipping two “heat teams,” workers with portable thermal equipment that heats a home to more than 120 degrees Fahrenheit, killing both bedbugs and their eggs.

Stevenson is part of a nationwide panel of experts, with representation from regulators, pest control professionals and the scientific community. They’re looking at the best ways to treat for bedbugs, how to detect them and what sort of policies should be in place to deal with them.

In Maine, there’s a law that tenants must inform a landlord of bedbugs. The law also maintains that the landlord must do something about the bedbugs, Stevenson said.

The next challenge to be met, overall, is finding more effective and less expensive ways of dealing with an infestation, he said.

Dill said there’s no diseases associated with bedbugs – they aren’t known carriers of anything. Some people are allergic to bedbug bites, some get secondary infections with bites.

But, he said, if bedbugs are found to transmit a specific disease, that will ignite a lot more interest in finding ways to kill the parasites.

Tuesday, May 24, 2011

New Hampshire Healthy Homes & Lead Prevention

This is going to cause more problems for landlords.

New Hampshire HEALTHY HOMES & LEAD POISONING PREVENTION PROGRAM
May 2011


NH CHRONICLE WMUR CHANNEL 9 FEATURES HEALTHY HOMES - May 26th 7:30pm

Mark your calendars now as NH Healthy Homes is being featured on WMUR's NH Chronicle the evening of May 26th at 7:30pm. Watch and learn how health, energy and housing partner together to improve the lives of New Hampshire's most vulnerable residents. NH Chronicle website

45 PEOPLE ATTEND 2-DAY HEALTHY HOMES COURSE FUNDING PROVIDED BY USEPA WITH SUPPORT FROM NH HOUSING AUTHORITY LEAD GRANT PROGRAM

With funding from the US Environmental Protection Agency Office of Children's Health Protection and support from the NH Housing Authority Lead Grant program, 45 people recently participated in the 2-day Essentials for Healthy Homes Practitioners course. Ellen Tohn of Tohn Environmental Strategies engaged this diverse group of health professionals, energy auditors, property owners, refugee/cultural coodinators, real estate agents, health officers, code officials and housing representatives in the seven principles of healthy housing as outlined in the National Center for Healthy Housing cirriculum. [More Information]

SOUTHERN NEW HAMPSHIRE AREA HEALTH EDUCATION CENTER AWARDS FOUR GRANTS
Strategic Planning & One-Touch Initiatives Move Forward

The Southern NH Area Health Education Center (AHEC) recently awarded four organizations funding to complete strategic planning and healthy homes initiatives and interventions. Congratulations to the following:

CARING COMMUNITY NETWORK OF TWIN RIVERS - Strategic Planning & One-Touch Implementation

HEALTH & SAFETY COUNCIL OF STRAFFORD COUNTY - Home Sweet Healthy Homes Strategic Planning

BREATHE NEW HAMPSHIRE -Statewide Community Training to Reduce Secondhand Smoke Exposure in the Home

LAKES REGION PARTNERSHIP FOR PUBLIC HEALTH - Lakes Region Healthy Home Strategic Planning

GRANTS AVAILABLE
HUD Lead Technical Studies Grant
HUD Healthy Homes Technical Studies Grant
Community Transformation Grant
EVERYONE Breath - Asthma Education Grant

DEPARTMENT OF HEALTH & HUMAN SERVICES
DIVISION OF PUBLIC HEALTH SERVICES

HEALTHY HOMES & LEAD POISONING PREVENTION PROGRAM
29 Hazen Drive
Concord, NH 03301
1-800-897-LEAD (5323)

Monday, April 11, 2011

Call to Action Requested - From the NHPOA

Dear Property Owner

Success! But the job is only half done.
In March, the Senate passed SB 70:

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also reduces the amount of damages available for violations of the requirement.

The amendment reads:
Amend RSA 540-A:3, VII to read as follows:
VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.


Amend RSA 540-A:4, IX(b) to read as follows:
(b) Notwithstanding the provisions of subparagraph (a), a landlord who violates RSA 540-A:3, VII shall be subject only to an award of actual damages, plus costs and reasonable attorneys fees.

(c) The provisions of subparagraph (a) shall not apply to petitions brought in good faith by a landlord or a tenant to determine whether a request for entry under RSA 540-A:3, V is reasonable and lawful.

3 Effective Date. This act shall take effect January 1, 2012.

The NHPOA wishes to thank Senator De Blois for sponsoring this bill on behalf of property owners. The Bill now moves to the House. The details for the public hearing are:

TUESDAY, APRIL 12
Room 208
LOB at 11:00am

Legislative Office Building
33 North State Street
Concord, NH

Please join us to get this bill passed into law. We wish to thank the dozens of landlords who have made the effort over the past few weeks to voice their opinions in Concord. Our voices are being heard. Just think of the difference this one bill makes to your bottom line.

If you are unable to attend, click below to find out who your representative is. Let them know how important this bill is to property owners.

NH House of Representatives Members http://www.gencourt.state.nh.us/house/default.htm

Status of SB 44
Fail! Despite our best efforts and almost 70 landlords at the hearing, SB 44 was re-referred to committee. This essentially postpones the bill until 2012. The NHPOA will work with all the parties concerned to come up with a workable solution. SB 44 required tenants to pay rent into court on a weekly basis during an eviction proceeding.

Status of HB 141Success!
Did you know that in 2009 the New Hampshire Supreme Court ruled that cable television was a protected utility service under state law that can't be shut off during landlord-tenant disputes. The landlord, Lauren Flieder, argued that the cable provider told her the tenant's apartment was receiving the service through an illegal connection, so she disconnected the wire. The Court found the law regards cable TV as a protected service and that Flieder's action amounted to a self-help eviction.

In response, the NH House passed HB 141 which specifies which utility services are protected. The bill reads:
RSA 540-A:3, I is repealed and reenacted to read as follows:

1. Except for such temporary interruption as may be necessary while actual repairs are in process or during temporary emergencies, no landlord shall willfully cause the interruption or termination of any of the following utility services being supplied to the tenant by the landlord: water, sewage, electricity, gas, heat, air conditioning, telephone, elevator, or refrigeration.

2. Effective Date: This act shall take effect January 1, 2012.

If you agree with your Representatives, let your Senator know. Contact them to pass HB 141.

Click here to contact your NH Senate Members

Debbie Valente
New Hampshire Property Owners Association
(603) 881-3682

Tuesday, April 5, 2011

Legislative Alert - Update on Senate Bill 70

Update on Senate Bill 70 and Tenant Property Storage
Next/Last Comm: HOUSE JUDICIARY
Next/Last Hearing: 04/12/2011 11:00 AM LOB 208

Senate Bill 70 (SB 70): Shortening from 28 to 7 the number of days a landlord must store property left behind by a residential tenant. The bill also eliminates the $1,000 minimum damage award should landlords violate the 7-day storage requirement. This bill passed the Senate on March 16, and the House Judiciary Committee will hold a hearing next Tuesday, April 12th

To read the entire text of the bill http://www.gencourt.state.nh.us/legislation/2011/SB0070.html

Monday, March 28, 2011

It’s finally Spring – Don’t get caught painting outside without your EPA Lead Paint Certification

It’s finally Spring – Don’t get caught painting outside without your EPA Lead Paint Certification Next class 4/22/2011 Register today!

EPA/HUD CERTIFIED RRP TRAINING
Brought to you by:
HOME BUILDERS & REMODELERS ASSOCIATION OF NEW HAMPSHIRE and BUILD GREEN NH

Contractors, Renovators, Painters, Landlords… did you know???The EPA is requiring that all contractors working on pre-1978 properties obtain RRP EPA/HUD Lead Paint certification. The HBRANH/BGNH has contracted with LeadEdu, a NH based trainer to provide this certification class to contractors of all stripes including builders, plumbers and electricians, flooring installers as well as any other person in the building trades. If you work on pre-1978 buildings you need to be certified, fines are hefty and lead paint poisoning can happen to you. Learn how to protect yourself and your customers.

Organizer: HBRA of New Hampshire
Date & Time: Friday, April 22, 2011, 8:30 AM - 5:30 PM
Location/Venue: The Housing Center
Address: 119 Airport Road, Concord, NH 03301
Full Course: $230 for Members $295 for Non-members.
Register Today! CALL 603-228-0351 or visit www.hbranh.com to register

Upcoming Events
April 2, 2011 Local Energy Solutions Conference Penacook,NH
April 21, 2011 Conservation Subdivision Design Manchester, NH Instructor: Randall Arendt
Home Builders & Remodelers Association of New Hampshire 119 Airport Road Concord, NH 03301
Tel: 603-228-0351 Fax: 603-228-1877 Email: info@hbranh.com

Good news for the Rental Market

Have You Considered This Way to Play Real Estate?
By Dr. Steve Sjuggerud
Monday, March 28, 2011

"Did your house ever sell?" I asked a friend over dinner last week."Yes, in a short sale," he told me.

STEVE: Did the bank forgive your debts?

FRIEND: Yes – a couple hundred thousand dollars' worth.

STEVE: Wow… You're not responsible for any of it? How did that work?

FRIEND: At first, the bank wouldn't even consider any offers on my house, because I was paying my mortgage on time. That went on for a year. So I sought out some advice, and I was told to stop paying my mortgage. I'm a responsible person. I didn't want to do that. But I was told that the bank wouldn't do anything until I was delinquent.

STEVE: So how did the bank finally accept the short sale?

FRIEND: Well I finally took the advice… I stopped paying my mortgage for three months… I became 90 days delinquent. Once I became delinquent, the bank took the offer. After a long wait with the bank pushing paper, the short sale went through.

STEVE: What happens next?

FRIEND: Well the bad news is, my credit is now screwed up for seven years. The good news is, the bank took the full hit. I'm not sure if I can buy a house for another seven years. I might be renting for a while.I hadn't thought much about this idea before: We have a new generation of renters out there. A couple days after that dinner, I got an email from a longtime friend of DailyWealth – Justin Ford of Pax Properties. He's actively involved in the residential rental market in South Florida. He said the rental market is "strong."

He explained why:

1) Millions have walked away from their homes or lost them to foreclosure, so they are now renters. [Like my friend.]

2) When houses were soaring, most people thought it was a great time to buy. Now that prices have been plunging, they think housing is a bad investment.

3) Many of the few who do recognize the compelling values still will have to rent for a while because they've had a recent foreclosure or credit problems and won't be able to qualify for a mortgage for a while.

The facts about the rental market go along with what Justin is seeing from the front lines. Justin also forwarded over a Wall Street Journal article, which said: Average U.S. apartment vacancy rates dropped to 6.6% last year from 8%, according to property-research firm REIS, while rents rose 2.3%… Occupied apartments rose by about 58,000 in the fourth quarter, the biggest increase for that period in 10 years, according to REIS.The article also quoted Green Street Advisors, my favorite real estate investment advisory firm, saying rental demand "will far outstrip supply" through 2015.
Until last week, I hadn't thought much about this potential in the rental market. But all these ideas make sense to me…This could be the decade of renters, whether it's families that are now out of their homes, like my friend… or first-time homebuyers who now choose to rent instead of buy.There might be an opportunity in here for you…You might rent out a property you own instead of selling it… Or you might find an investment in rental properties for income and some potential capital gains, like shares of a real estate investment trust (REIT) or a local opportunity.In short, chances are good we'll have a decade of renters. It makes sense to size up your own situation for any opportunities. There could be one right in front of you…
Good investing,Steve

Friday, March 25, 2011

FYI possible new Healthy Home initiative to watch out for.

Grants Available for Grassroots Advocacy Organizations
This is a potentially serious problem coming our way.

With the support of The Kresge Foundation, the National Center for Healthy
Housing (NCHH) will expand and "scale up" its efforts to eradicate
unhealthy living conditions through a new initiative called the Grassroots
Advocacy Network for Healthy Housing. The Grassroots Advocacy Network will
develop local solutions to the challenging problem of substandard housing
and neighborhoods. NCHH will facilitate peer communication, offer technical
assistance and capacity building support, disseminate promising practices
in organizing and housing policy, and provide opportunities for involvement
in national advocacy work.

Application Process: NCHH plans to award subgrants of up to $15,000 to
grassroots advocacy organizations to carry out activities such as the
following:

  • Creating local demand for healthy housing through media
    outreach, policy advocacy, community meetings, and other activities;
  • Educating policymakers and the public about unhealthy
    conditions;
  • Holding public agencies accountable (e.g. to ensure that local
    housing maintenance codes are enforced);
  • Creating and sustaining valuable collaboration between the
    public and private sectors and within government.
  • Other methods most appropriate to the local content.

    Eligibility criteria: 501 (c)(3) organizations with annual budgets less
    than $1 million. Preference will be given to local community-based
    organizations and non-profits that are currently involved in tenant
    advocacy, health or housing policy, or environmental justice.

    Rolling Deadlines for Applications: You may fill out the application and
    submit it with the requested supplemental information by May 1, July 1, and
    October 1.

    Application: The application may be found at:

    Laura Vincent Ford, Public Health Program Manager
    NH Department of Health and Human Services
    Healthy Homes and Environments Section
    29 Hazen Drive, Concord, NH 03301-6504
    phone: 603-271-5733 fax: 603-271-3991
    e-mail: lvford@dhhs.state.nh.us
    website: www.dhhs.nh.gov/dphs/bchs/clpp/

    "As long as attention focuses on the costs of lead-paint abatement and
    ignores the costs of not abating and as long as people add up the costs of
    removing paint but not the costs of medical care, compensatory education,
    and school dropouts, substantial action is unlikely." Joel Schwartz (1994)


Monday, March 14, 2011

NHPOA Meetings - March 2011

NHPOA Meetings - March 2011

Manchester Chapter Meeting
When: Monday, March 14th at 6:30pm
Where:168 Amory Street Manchester, NH
Topic: Legislative Update, Vendor Workshop


Derry Chapter MeetingWhen:Monday, March 21st at 7:00pm
Where:Marion Gerrish Community Center
39 West Broadway(Route 102)Derry
Topic: Good Time to buy multi-families?
Speaker: Judy Nesset

Call To Action - Rent Escrow Bill


Landlords Helping Landlords

March 2011
Call to Action
Rent Escrow Bill

NHPOA

Dear Property Owner
We have the opportunity to get a favorable committee vote on rent escrow!!

The NH Senate Judiciary Committee
will meet on Thursday, March 17, 2011 at 1:30 pm to hear Senate Bill 44.

SB 44 allows for the payment of rent into court during an eviction proceeding. Failure to make this payment during the court action results in an eviction against the tenant.

The intent here is to reduce the number of frivolous actions by tenants who have no intentions of defending an eviction action, but do so to buy extra time. Tenants are required to pay rent to the court on a weekly basis if they intend to defend any eviction action.

SB 44 - AS INTRODUCED
2011 SESSION SENATE BILL 44
AN ACT relative to payment of rent pending a landlord-tenant action.
SPONSORS: Sen. Boutin, Dist 16; Sen. Sanborn, Dist 7; Sen. Carson, Dist 14; Rep. Jasper, Hills 27; Rep. Infantine, Hills 13; Rep. W. Hutchinson, Hills 9; Rep. Packard, Rock 3
COMMITTEE: Judiciary
ANALYSISThis bill requires the tenant to pay rent on a weekly basis pending an eviction proceeding.
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0950
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to payment of rent pending a landlord-tenant action.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Landlord-Tenant Action; Payment of Rent. Amend RSA 540:13, II(a) to read as follows:
(a) If the tenant wishes to contest the eviction, [he] the tenant must file an appearance in the district court no later than the return day appearing on the writ and shall pay, on a weekly basis with the first payment due upon the filing of the appearance, all rent as it becomes due between the date of the appearance and the date that final judgment is issued. Otherwise, judgment shall be issued in favor of the landlord. The court shall retain 10 percent of such funds as an administration fee, and the balance of such funds shall be distributed to the prevailing party in the eviction action.
2 Effective Date. This act shall take effect January 1, 2012.

Various amendments to this bill have been discussed (including a change to percentage charged by the courts for collecting rent) since the original publication. Please be aware that the NHPOA has reviewed many of the suggested amendments, many of which are more favorable to landlords. An amendment may be introduced during the public hearing, so please be prepared to argue your point vigorously.

The NHPOA has been advised that we will need to fill the room during the public hearing, if we are to sway the committee in our favor. If you have never joined us in Concord before, please do so. If you will be joining us on Thursday, invite a fellow landlord to join you. The numbers are critical to our success.

We, as landlords, need to stop complaining about the laws which we find ludicrous and oppressive. We need to stand up and make our voices count. This is the time to do that. Letters and calls to your Senators do not make the same impact as your presence at the hearing. Your presence at the hearing makes it difficult for the committee to decide against us. If we don't have the numbers, the committee will believe that this issue is not that important to landlords.

Property owners in Massachusetts are also trying to pass a rent escrow law to avoid what is commonly referred to as the "free rent trick" Tenants stop paying rent. They call in the building inspector. They get code violations cited. And now they claim they are withholding rent for code violations and cannot be evicted. Some even prolong their free rent status by blocking repairs and deliberately creating more code violations. This unchecked rent withholding goes on as long as the tenants can keep it up -- many months, sometimes years. Rent escrowing would stop the free rent trick.

As landlords you are in the business of renting properties. This bill affects your business. It improves your bottom line. No-one is going to take care of your business if you don't.

Come to Concord and help us
take care of "business".

Quote of the day:
The ways things are going, pretty soon you will be able to list your tenants as "dependents" on your tax return.

Debbie Valente New Hampshire Property Owners Association
(603) 881-3682

Wednesday, March 9, 2011

Catastrophic Losses and your Leases and Insurance Policies

What Does the Lease Say?
The language in a lease may specify the ownership interests of the landlord and tenant with respect to improvements and betterments and the like, which in turn could impact the question of which insurance policy or policies provide coverage for damage to or destruction of such property.

For example, a lease may provide that once affixed to the premises—whether by the landlord or by the tenant—all improvements and betterments become the sole property of the landlord, are not the property of the tenant, and cannot be removed or altered by the tenant without the express consent of the landlord. A lease may also state that furniture and equipment is the sole property of the tenant. Alternatively, a lease may provide for ownership by the landlord over certain fixtures, improvements and betterments, based on whether they were installed by the landlord or by the tenant, or based on the precise nature of the item.

In the event of a fire, explosion or other catastrophic loss, it can be extremely difficult to determine which items of property were: (1) part of the building's core and shell; (2) part of the improvements and betterments and the like owned by the landlord under the terms of the lease; or (3) part of the property owned by the tenant under the terms of the lease. In addition to the question of ownership over those items, the lease language may specify whether the landlord is contractually required to pay for the replacement of any damaged or destroyed property.

The lease may also address the question of which party is responsible for insuring the improvements and betterments. A lease may require the tenant to insure all improvements and betterments and personal property owned by the tenant. Or it may require only that the tenant insure furniture, equipment and other personal property. Or it may require the tenant to insure only those improvements and betterments or other personal property installed by the tenant. The lease may also specify which property the landlord agrees to insure.

In short, one must closely review any lease at issue to determine: (1) which party owns a given item of property within the leased premises; (2) whether the landlord is required to replace any damaged or destroyed property within the leased premises; and (3) which party was obligated to obtain insurance for a given item of property. Ideally, the lease language will address these issues consistently, so that the line drawn between property "owned" by the landlord or the tenant mirrors the line drawn between the property to be insured by one party or the other. The language is not always consistent or clear, however, which may add further complications in sorting through the parties' respective rights and obligations.

What Do the Policies Say?
A tenant lease is a contract, which governs the rights and obligations between landlord and tenant. In the event of a loss involving the property within the leased premises, another set of contracts will come into play: the landlord's property insurance policy; and the tenant's property insurance policy. The language of those policies with respect to coverage for property within the leased premises may be inconsistent from one policy to the other, and may also be inconsistent with the rights and obligations stated in the lease. Inconsistencies within and between the various contracts can create considerable uncertainty regarding which party is economically responsible for the damage or destruction of property within leased premises.

In a tenant's insurance policy, the scope of coverage for tenant improvements will typically be addressed by the general definition of "personal property" and any specific provisions that relate to coverage for tenant improvements and betterments, furniture, fixtures and equipment and the like. For example, a tenant's policy may explicitly state that personal property includes improvements and betterments installed in any premises owned, leased or occupied by the insured. Absent such an explicit provision, a general definition of personal property may refer to property owned by or in the possession of the insured.

If a tenant's lease states that all improvements and betterments are solely owned by the landlord, the tenant may be unable to demonstrate any ownership interest

in such property and the insurer may take the position that the property is therefore not covered. The tenant may argue that it was in possession of the property and had an insurable "use interest" in the property, and therefore the property was insured despite a lack of ownership. In some jurisdictions, case law may support that argument. For example, under New York law, an insurable interest in property typically includes "any lawful and substantial economic interest in the safety or preservation of property from loss, destruction, or pecuniary damage." Sigola Mfg., Inc. v. Dairyland Ins. Co., 124 A.D.2d 654, 654 (N.Y. App. Div. 1986). Where a tenant agreed in its lease to insure the premises, this argument is even stronger under New York law. Id.

In a policy issued to a landlord, the definition of "personal property" may explicitly include tenant improvements and betterments and the like within premises owned by the landlord and leased to others. Or a landlord's policy may explicitly state that the only improvements and betterments that are covered are those located within property occupied by the landlord. In that case, the insurer may argue that even if a lease between the landlord and the tenant states that the landlord owns the improvements and betterments, those items are not covered property since they are located in premises not occupied by the insured landlord.

Understanding how each policy defines personal property and whether such definitions conflict will be important in determining whether an insurer is responsible for the cost to replace or repair damaged property (or for the actual cash value of such property). This analysis can be further complicated when one or more policies at issue contains an "Other Insurance" provision that makes coverage contingent on the availability of other insurance, an issue discussed below.

What do the Policies Say About Each Other?
Many property insurance policies contain an "other insurance" provision. The language of such provisions varies, but typically they are designed to establish a requirement that in the event of a loss, any other applicable policy must respond first. In concept, a policy containing such a clause would only respond to the extent the "other insurance" was insufficient to cover the entire loss. Not surprisingly, a landlord's policy and tenant's policy may both contain such "other insurance" provisions. The case law in each jurisdiction will be significant in determining how to resolve competing "other insurance" clauses. For example, in Texas, when the "other insurance" provisions conflict, both the tenant's insurer and the landlord's insurer must share the costs. Travelers Lloyds Ins. Co. v. Pacific Employers Ins. Co., 602 F.3d 677 (5th Cir. 2010).

It is possible that both the landlord's policy and the tenant's policy explicitly provide coverage for some of the same property within the leased premises. In that circumstance, the insurers should explore whether it is appropriate to share in the cost of replacing or repairing the property at issue, either due to competing "other insurance" provisions or simply as a reasonable approach to resolving all claims.

Insurers should also be aware of the possibility of a multiple recovery for the same property, with one insurer paying the landlord the full replacement cost for the property and the other insurer paying an actual cash value claim to the tenant for the same property. Further complicating this scenario is the fact that landlords often provide cash up front at the start of a lease term for the tenant to use to fit out the premises. That up front sum is typically added to the monthly lease amount, spread out over the life of the lease. As a result, where property is damaged near the end of a lease term, the landlord may have already been repaid for the original cost to install the improvements, and then be paid again by the insurer for the cost to replace the improvements, with the tenant receiving a separate payment from its insurer for the same property.

Parties should be cognizant of any applicable case law related to these issues to determine whether such multiple or overlapping recoveries are allowed. For example, in New York there is case law supporting the argument that an insurer's contractual payment obligations to the insured cannot be offset by a recovery provided for by another policy. Foley v. Manufacturers & Builders' Fire Insurance Co. of New York, 46 N.E. 318 (N.Y. App. Div. 1897); Alexandra Restaurant, Inc. v. New Hampshire Ins. Co. of Manchester, 272 A.D. 346 (N.Y. App. Div. 1947).

Conclusion
In the event of a catastrophic loss involving property within leased premises, insurers, tenants and landlords should carefully review the applicable language in all leases and policies involved and consider the potential for conflicting terms. Particularly where disputes arise, the parties should consider any jurisdiction-specific case law that may clarify their rights and duties. Ultimately, an understanding of how the provisions of the policies and the lease fit together (or fail to fit together) will be essential in determining where each party's obligations begin and end.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Article provided courtesy of mondaq.com



Saturday, February 19, 2011

Hearing rescheduled for Friday, Feb 25th

Dear Property Owner

The public hearing for SB 70-FN has been changed to:

FRIDAY, FEBRUARY 25
COMMERCE, Room 102, LOB In Concord at 9:30 a.m.

Please change your calenders. Talk to your neighbor landlords and ask them to join us on this date.

SENATE BILL 70
This bill shortens the time period during which a landlord is required to store a tenant's abandoned property - 28 days to 7 days. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws - $1,000 per day fines.

Remember, all the tenant activists and pro-tenant assistance groups will be there to oppose this bill. If you are not there, they will succeed in killing this bill. Make your voice count - be there!

Friday, February 18, 2011

Landlord Action Alert - Important Hearing Feb 24th

Dear Property Owner

The public hearing for SB 70-FN has been announced:

THURSDAY, FEBRUARY 24
COMMERCE, Room 102, LOB at 9:30 a.m.

NHPOA is asking for your support in Concord to push the passage of SB 70. The time is now. Join us to make a change - don't leave it to others.

SENATE BILL 70

AN ACT relative to remedies in landlord-tenant actions.
SPONSORS: Sen. De Blois, Dist 18
COMMITTEE: Commerce - Sen. Prescott (C), Sen. White (VC), Sen. De Blois, Sen. Houde, Sen. Sanborn

ANALYSIS

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws.

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-1000

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to remedies in landlord-tenant actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Prohibited Practices and Security Deposits; Storage of Tenant's Personal Property. Amend RSA 540-A:3, VII to read as follows:

VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of [28] 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the [28-day] 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.

2 Repeal. RSA 540-A:4, IX, relative to the landlord and tenant's right to a private action under RSA 358-A:10, is repealed.

3 Effective Date. This act shall take effect January 1, 2012.

Repeal RSA 540-A:4 IX - Landlords are being made to pay tenants a $1000.00/day in fines!!!!

Any landlord or tenant who violates RSA 540-A:2 or RSA 540-A:3 shall be subject to the civil remedies in RSA 358-A:10. Each day that a violation continues shall constitute a separate violation. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court.

Please don't think this won't happen to you!

In December 2009, a NH tenant who had failed to pay rent, broken his lease and voluntarily vacated the apartment (after handing back his keys) was awarded over $40,000.00 in civil damages - Apparently he had been denied access to his apartment, as it had been subsequently rented to another person. In addition to the $40,000.00 award, the Landlord is now receiving threats from other tenants in the building that they will not be paying their rent. The tenants argue that if they were to sue, they could get $50,000.00, so the Landlord should consider non-payment of rent, a small price to pay.

In the past year NHPOA members have heard of four other similar cases.

Building departments, code enforcement officers, Legal Assistance and tenant attorneys are aware of this law. They are providing free advice to your tenants! How long do you think it is going to take for you to run into a savvy /sophisticated tenant who figures out how this abuse of the system works.

Change storage period to 7 days - Too often landlords have to wait for the full 28 days to pass before taking possession of their property once a tenant has vacated. Most landlords have been in this situation after months of non-payment of rental. On a best case scenario it can take three months to evict someone if they decide to "store" their belongings with the landlord for 28 days rent free.

We have to take a strong stand against these abuses. Please support us to ensure the passage of Senate Bill 70-FN.

It is obvious that this bill is critical in restoring the balance in landlord-tenant matters. We need your support. If you cannot attend the hearings - call or write to your Senator.

Now is the time to make the changes we desperately need. Come to Concord and make the Senate understand your problems as a landlord. Your presence makes a greater impact than a letter or a phone call.

Remember, all the tenant activists and pro-tenant assistance groups will be there to oppose this bill. If you are not there, they will succeed in killing this bill. Make your voice count - be there!

Click here for the current Senate Members: NH Senate Member List

About NHPOA
The New Hampshire Property Owners Association (NHPOA) is the largest rental property owner association in the state. The NHPOA is a non-profit group made up of rental property owners, managers and others with similar business affiliations. Our members are predominantly "mom and pop" landlords, who live in two or three-family homes, or run part-time or full-time rental businesses.

As rental property owners, we currently face the toughest economic climate we are likely to see in a generation. In addition, we are on the wrong side of some of the toughest pro-tenant legislation in the nation. The only way to ensure growth and stability in this climate is to create favorable legislation and educate our members.

Your financial, physical and vocal support helps us to:

* Press for reform of landlord-tenant laws in New Hampshire;
* Educate the public, the media and legislators about property owner issues;
* Educate property owners;
* Organize grassroots lobbying and campaigning;

Join or renew now at http://nhpoa.org

Debbie Valente
New Hampshire Property Owners Association
(603) 881-3682

Sunday, February 6, 2011

Landlord Action Alert

Landlord Action Alert from the NHPOA

Dear Property Owner

NHPOA is asking for your support in Concord to push the passage of the following bills which promote Landlord Rights!

SENATE BILL 44
AN ACT relative to payment of rent pending a landlord-tenant action.

SPONSORS: Sen. Boutin, Dist 16; Sen. Sanborn, Dist 7; Sen. Carson, Dist 14; Rep. Jasper, Hills 27; Rep. Infantine, Hills 13; Rep. W. Hutchinson, Hills 9; Rep. Packard, Rock 3

COMMITTEE: Judiciary

ANALYSIS

This bill requires the tenant to pay rent on a weekly basis pending an eviction proceeding.

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to payment of rent pending a landlord-tenant action.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Landlord-Tenant Action; Payment of Rent. Amend RSA 540:13, II(a) to read as follows:
(a) If the tenant wishes to contest the eviction, [he] the tenant must file an appearance in the district court no later than the return day appearing on the writ and shall pay, on a weekly basis with the first payment due upon the filing of the appearance, all rent as it becomes due between the date of the appearance and the date that final judgment is issued. Otherwise, judgment shall be issued in favor of the landlord. The court shall retain 10 percent of such funds as an administration fee, and the balance of such funds shall be distributed to the prevailing party in the eviction action.

2 Effective Date. This act shall take effect January 1, 2012.

The public hearing for this bill has not yet been determined. We will notify you as soon as a date has been set. We are notifying you of these bills so that you have some notice that the hearing will take place within the next two weeks. Your presence is encouraged. The last landlord bill presented before the House Judiciary Committee was not well attended by landlords. The committee followed the view that the bill was not important to landlords, otherwise there would have many landlords physically present to voice their support. These bills are very important to all landlords throughout the state - please make every effort to attend the public hearings.


SENATE BILL 70

AN ACT relative to remedies in landlord-tenant actions.

SPONSORS: Sen. De Blois, Dist 18

COMMITTEE: Commerce

ANALYSIS

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws.

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-1000 05/09

STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven

AN ACT relative to remedies in landlord-tenant actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Prohibited Practices and Security Deposits; Storage of Tenant's Personal Property. Amend RSA 540-A:3, VII to read as follows:

VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of [28] 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the [28-day] 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.

2 Repeal. RSA 540-A:4, IX, relative to the landlord and tenant's right to a private action under RSA 358-A:10, is repealed.

3 Effective Date. This act shall take effect January 1, 2012.

The public hearing for this bill has also not yet been determined. We will notify you as soon as a date has been set.

It is obvious that these bills are critical in restoring the balance in landlord-tenant matters. We need your support. If you cannot attend the hearings - call or write to your Senator.

Now is the time to make the changes we desperately need. Come to Concord and make the Senate understand your problems as a landlord. Your presence makes a greater impact than a letter or a phone call.

Click here for the current Senate Members: http://gencourt.state.nh.us/senate/members/

About NHPOA
The New Hampshire Property Owners Association (NHPOA) is the largest rental property owner association in the state. The NHPOA is a non-profit group made up of rental property owners, managers and others with similar business affiliations. Our members are predominantly "mom and pop" landlords, who live in two or three-family homes, or run part-time or full-time rental businesses.

As rental property owners, we currently face the toughest economic climate we are likely to see in a generation. In addition, we are on the wrong side of some of the toughest pro-tenant legislation in the nation. The only way to ensure growth and stability in this climate is to create favorable legislation and educate our members.

Your financial, physical and vocal support helps us to:

* Press for reform of landlord-tenant laws in New Hampshire;
* Educate the public, the media and legislators about property owner issues;
* Educate property owners;
* Organize grassroots lobbying and campaigning;

Join or renew now http://nhpoa.org

Debbie Valente
New Hampshire Property Owners Association

(603) 881-3682

NHPOA - Manchester Chapter Meeting

NHPOA
Manchester Chapter Meeting

When: Monday, February 14th at 6:30pm

Where: 168 Amory Street Manchester, NH

Speaker: Attorney Brian Shaughnessy

Topic: Landlord and Tenant discrimination laws

Thursday, January 27, 2011

Feb 1st - New Law affecting NH Landlords

New law to impact landlords,
owners of restricted property (ie property rented for residential purposes)

If you are a landlord, or if you have a client who owns restricted property, you should to be aware of a new law under RSA 540:1-b.

If you are an owner of restricted property who resides within the state, you must file a statement with the town or city clerk of the municipality in which the property is located, providing the name, address and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the property. The owner of the premise can be the individual authorized to accept service.

Restricted property is defined as all real property rented for residential purposes excluding owners of single-family houses if the owner of such a house does not own more than three single-family houses at any one time, rental units in an owner-occupied building containing a total of four dwelling units or fewer, or single-family houses acquired by banks or other mortgagees through foreclosure.

If the landlord is not a New Hampshire resident, he or she must file a statement with the municipality providing the name of someone who does reside in the state and who is authorized to accept service of process brought against the owner.

NHAR suggests: that you contact your municipality to confirm to whom the letter should be sent or delivered; and that any statement sent through the mail is certified to ensure a proof that notification was given.

Municipalities may begin enforcing fines of up to $1,000 for failure to comply starting Feb. 1.

The text of the new law can be found by clicking on the title of this article.

Sunday, January 16, 2011

Call to Action for NH Landlords

New Hampshire Property
Owners Association
Call to Action

The 2011 legislative session has begun. The NHPOA encourages your attendance at the public hearing scheduled for the following bill in Concord.

When: January 18, 2011 at 11am

Where: Legislative Office Building LOB 208


This bill was introduced in an effort to locate former tenants and collect on court awarded damages. Too often landlords have thrown good money after bad in an effort to trace delinquent debtors. We need the courts to understand the difficulties we face as landlords. If one steals a candy bar from a store, you could go to jail: but it seems you can deprive a landlord of thousands of dollars in rent without any consequences. We need to address this imbalance.

HB 128 - AN ACT requiring tenants to execute a financial affidavit as part of the eviction process.
This bill provides that, if the court awards damages to a landlord in a landlord-tenant action, the court shall require the tenant to provide his or her current address and to file a financial affidavit with the court.

Amend RSA 540:14 by inserting after paragraph IV the following new paragraph:

V. If the court issues a money judgment in favor of the landlord, the court shall require the tenant to execute a financial affidavit, indicating the tenant's address, source of income, assets, and liabilities within 7 days. The tenant shall indicate on the financial affidavit whether he or she intends to pay the judgment in a lump sum or to enter into a periodic payment plan under the terms and conditions established by the court. Any tenant against whom a money judgment has been awarded shall notify the court of a current address for service within 7 days of notice of the judgment from the court. If the tenant fails to provide the court with a current address and any subsequent change of address, the tenant shall be subject to a fine of $300. In addition, any service failure as a result of the tenant's failure to notify the court of a current address shall provide grounds for the issuance of a bench warrant upon petition to the court. Any proof of failed service upon the tenant shall constitute prima facie proof of the tenant's failure to comply with this section.

If you are unable to attend the public hearing, please contact your State Representative and let them know that you support this bill.

If you want things to change in Concord, now is the time to make it happen. Make your voice heard.

Debbie Valente
New Hampshire Property Owners Association

http://www.nhpoa.org

Monday, January 10, 2011

Landlord Meeting in Manchester

01/09/2011For Immediate Release
New Hampshire Property Owners Association 603-881-3682

NHPOA Manchester Meeting

Reminder

Event Title: NHPOA Manchester Meeting

When: 01/10/2011

At: 6:30 PM

Where: American International Training Center - Manchester

Topic: Legislative update - Bills currently proposed
New legislation that came into effect January 1, 2011 - $1,000 fine for non-compliance.

Location:American International Training Center

Street: 168 Amory Street

City:Manchester

State: NH