Saturday, December 29, 2012

Reminder: Free Landlord Workshop Jan 7th



Free Landlord Workshop
Monday January 7, 2013 7:00-9:00 PM

50 Queen City Ave. Manchester NH
Community Room


Topic:

  • Advertising to get the ideal tenant.
  • How to get the best tenant, screening process.
  • Leasing your apartment the correct way.
Please click to register for this event

Call for more information 603-232-9195

Friday, December 14, 2012

Seacoast Real Estate Investment Association- Using Wholesale and Options as an Investor Tool


Seacoast Real Estate Investment Association- Using Wholesale and Options as an Investor Tool

When: 6:30 to 8:30pm, Thursday, Jan. 10
Where: Courtyard Marriott, Portsmouth
Cost: Members Free, Guest $20
Contact: Bert Cox, 603-225-8000, Bert@BertCox.com, www.seacoastreia.org

The Seacoast Real Estate Investors Association (REIA) is dedicated to networking, education, and promoting professionalism among real estate investors. Each month a different speaker outlines a unique aspect of real estate and investing. Topics cover a wide range of subjects and include land lording, quick turn real estate, renovation, finance, buying, selling, creative real estate techniques, foreclosures, short sales and more.
Guest speaker for January, we have Richard Dale-Mesaros. He has over 11 years of experience in buying and selling in various categories of real estate, licensed NH real estate agent. He will be discussing low risk transactions, finding the deals and using wholesaling and options.

Monday, December 10, 2012

What you can expect from the rental market in 2012-2013


Becoming a Landlord
What you can expect from the rental market in 2012-2013

With a new wave of foreclosures imminent, housing affordability at its highest level ever, and rental rates at an all-time high, one could argue that there has never been a better time to become a property investor. No matter where you are, opportunities exist all across the nation.
A recent report published by HomeVestors of America named the best 100 U.S. markets for investing in rental properties for the third quarter of 2012. It shows California taking the lead as home to 12 markets among the top 100. Florida represents itself nicely with nine markets making the list, while Texas is home to seven, and North Carolina boasts a surprising five top markets.1
“From Honolulu, Hawaii to Providence, Rhode Island, a total of 39 states and the District of Columbia are represented among the 100 hottest rental markets”. 1
Another study compiled data from consumers searching Homes.com and ForRent.com and discovered more than 31 million searches for rentals in the second quarter of this year, an increase of 20% from the beginning of 2012. The majority of these searches are for Southern cities seeing a drastic rise in employment and an economy improving at a faster rate than the rest of the country. 2
“The data shows Southern housing markets leading the way in rental searches, with seven of the top ten cities located in the South. Houston and San Antonio top the list. Rounding off the top five are Atlanta, Orlando and Chicago.  Although Phoenix came up seventh on the list, the city saw more than a 55 percent increase in home searches.” 2
The rental squeeze
In spite of affordable prices coupled with record-low interest rates, tighter lending restrictions and comparatively high unemployment rates have left otherwise potential homeowners unable to enter the market. In some markets, families who have been displaced due to foreclosures or short-sales are having a difficult time finding comparable rentals. Many displaced families don’t want an apartment - they want a house.  During the past two years the nation has seen a substantial exodus of families transitioning from homeownership to renting.
The nationwide homeownership rate continues to drop, a persistent trend which began in 2007, and falling to its lowest level since 1996. The need for shelter and mortgage delinquency rates point to a continued reduction in homeownership as displaced owners look to enter the rental market.
According to the Zillow Rent Index, 69.2 percent of metro areas showed increases in year-over-year rent values, compared to home price gains in only 7.3 percent of those same areas.  In January, 73,767 distressed homeowners received permanent loan modifications while banks foreclosed on 78,734 homes, according to the national non-profit organization Hope Now. 3
The rental market is flourishing, and rents are on the rise.
As competition for limited rental space surges, rising rent is becoming the norm across the country.
Nationwide, median rents rose an average 3 percent from January 2011 to January 2012, but home values continued to fall, declining 4.6 percent during that period, according to Zillow’s January Real Estate Market Reports.  Zillow found rents rising as much as home prices fell, including in Chicago where rents were up 9.1 percent, year-over-year, while home values fell 10.4 percent. In Minneapolis-St. Paul, MN metro, rents rose 11 percent and home values fell 8.1 percent. 4
Philadelphia, Baltimore, Washington, D.C., Portland, St. Louis, Miami, Denver and San Francisco all saw year-over-year rent increases coupled with declining home values. 4
Is now a good time to become landlord?
Signs point to yes. With houses becoming more affordable, many current landlords and those looking to enter the investment market are looking to cash in and buy properties while they are still at an all-time low. 
“The flourishing rental market is the silver lining to the nation’s housing downturn. The inaugural ZRI [Zillow Rent Index] shows us a healthy and growing rental market across the majority of the country, even as home values continue to fall,” said Zillow’s chief economist Dr. Stan Humphries. 4
The slowly recovering U.S. housing market together with high inflation, despite having an adverse effect on the economy, have lead to advantageous conditions for rental real estate investing, and a more promising market for current landlords.
In fact, the rental market is so strong that even large corporations are finding ways to invest. In January of this year, GI Partners announced a $250 million investment in Waypoint Real Estate Group, an Oakland based company that buys foreclosed homes at a discount and then rents them to tenants.  Although Waypoint currently operates in San Francisco and Southern California, the company plans on expanding to other markets, which may include Phoenix, Atlanta, Chicago, Las Vegas, and markets across Florida. 5
“Single-family rental investment represents the fastest growing real-estate asset class,” said Waypoint founder Colin Wiel. 5
Taking the plunge and protecting your investment
Even in a surging rental market, it’s important to remember that prospective renters are still susceptible to the economic conditions that lead to the increased demand for rentals.
“David Hicks, HomeVestor’s co-president, says while there are good investment opportunities in every one of the top 100 markets, investors would be wise to take into account other dynamics for the ideal timing to enter the market. He cites job growth as a key indicator of a market prime for investment.” 1
Choose wisely. Remember that the current market is to the advantage of landlords, giving you the option to select your tenants from a large pool of prospects. It’s also crucial to perform credit checks on applicants.
Hiring an attorney to draft a proper rental agreement, in conjunction with property and rent default insurance, can help you toward making your investment equal a positive cash flow. A new rent default insurance called Aon Rent Protect, offered by worldwide insurance broker Aon plc (www.aonrentprotect.com), offers rent recovery in the event of tenant non-payment if confronted with a tenant who becomes unemployed or stops paying rent for other reasons. The insurance also offers up to $1,000 for certain legal expenses in the event of an eviction. A number of statewide REALTOR® Associations, including the Colorado and California Associations, have backed the Aon Rent Protect product. “Aon Rent Protect is a cash flow safety net for a residential landlord,” said Robert Baily, Chairman of REBS, a subsidiary of the California Association of REALTORS®.
Take the plunge
Home prices are down, and interest rates are at historic lows. With the top 100 rental markets spanning the nation, now is a great time to get your feet wet in real estate investment. To make the proposition even more tempting, rent prices are up in a market that gives landlords the option to be selective when choosing a tenant.
If you need a more selfless motive to enter the market as a landlord, consider that experts believe that property investment may aid in the recovery of the housing market in the country’s urban areas. As investors snap up foreclosures, strong markets are showing a gradual return to pre-recession levels.
1 Bean, Brian and Hardin, Tim. California Top Market for Rental Homes. The Press-Enterprise, March 23, 2012.
2 Rentals: The Future of Real Estate in California? First Tuesday Journal Online, February 12, 2012.
3 Lazo, Alejandro. Southern California Rental Market Getting More Expensive. The Los Angeles Times, April 12, 2012.
4 Perkins, Broderick. Two-Study Mashup Reveals Rental Market Boom Towns. Realty Times, March 22, 2012.
5 Timiraos, Nick. A Market Builds for Single-Family Rentals. The Wall Street Journal, January 11, 2012.
All descriptions, summaries or highlights of coverage are for general informational purposes only. Please consult your policy for actual governing terms and conditions.
This article is provided for general informational purposes only and is not intended to provide individualized business or legal advice.  The information contained in this article was compiled from sources that Affinity considers to be reliable; however, Affinity does not warrant the accuracy or completeness of any information herein.  You should discuss your individual circumstances thoroughly with your legal and other advisors before taking any action with regard to the subject matter of this article.    

Wednesday, November 28, 2012

Dec 3rd - Free Landlord Workshop


Last chance to register. Don't miss out.

You and your guest are invited to Landlord/Business workshop.

We are thrilled to open the registration process for our December 3rd workshop. This seminar will be held in the Community Room in Manchester NH and it is free.

WHEN
Monday December 3th
7:00pm-9:00pm

WHERE
Community Room
50 Queen City Ave.
Manchester, NH 03103

MORE INFO
Call 603-232-9195

Doors open at 6:40 so you can meet other people with your same interest. 

This event will be covering:
  • Developing your business plan.
  • Having and getting a management philosophy to being profitable.
  • Learning how to manage time so you can have a balanced life.
Early Bird Registration Open  
Please forward this invitation to someone you know that is interested in learning more about being a Landlord or business owner.

Looking forward to seeing you there!
Thanks
Rick Blais

Monday, November 26, 2012

New Hampshire Contractors Fined


For immediate release:

Manchester, November 21, 2012.

For more information, contact:
Kate Kirkwood.
Kate@KKirkwood.com
603-781-4304

New Hampshire contractors fined

The EPA/HUD lead safety rule (renovate, repair and paint) has been in effect since April of 2010.  However, we have just recently seen significant enforcement resulting in FINES in New Hampshire and surrounding States.

Recently two NH contractors have been fined:  Exterior Images of Derry,  and  Kindred Painting, LLC of Dover
  
Hundreds of children are lead poisoned every year in New Hampshire, and currently there are approximately 10,000 lead poisoned children in our schools. The damage from this disease can be permanent, and includes brain disorders, learning disabilities, and decreased IQ.

Negative economic impacts in New Hampshire associated with lost future income, special education costs, and juvenile justice service costs linked to childhood lead poisoning have been estimated at between $141.1 and $345.7 million dollars annually
  
Lead poisoning is a serious problem in NH, and particularly in Manchester, where an estimated 14,000 homes still contain lead paint. As a "universal screening community” All children in the city of Manchester should be tested for lead at ages one and two. The same is true in any community, where a child  lives in a home that was built before 1978, and there has been renovation, or there is a chipping, peeling paint. Approximately 1/3 of children who are lead poisoned in New Hampshire, live in a home  that was renovated within the past six months.

New England housing stock is the oldest in the nation; over 138,000 homes and apartments in New Hampshire communities were built before 1950 and thus may contain lead paint hazards.

Anyone who disturbs lead paint in a home, or child occupied facility built before 1978, must take an eight hour training course, and be able to show proof of that certification. The regulation is written so that you must assume the paint in a pre-78 building is lead paint unless you can prove it is not.

The course teaches you how to test the paint to determine whether or not it is lead, to notify the property owner and tenants of the existence of the lead paint, to work safely around the toxic paint, and to clean up the lead paint chips and dust when the job is completed.

Contractors who do not follow the rules risk fines up to $37,500 per violation.  Recently two NH contractors have been fined:  Exterior Images of Derry,  and  Kindred Painting, LLC of Dover

For more information about Lead Paint Safety Certification, getting your child tested, or other lead paint or healthy homes concerns, contact:
Ben Kirkwood, ben@kkirkwood.com, 603-716-2901 or visit www.lead-edu.info


Thursday, November 15, 2012

November 2012 Landlord News


Free Lead Paint Safety Classes in December
NOTE: Self-employed and Small Businesses with less than 5 employees only

Dates: December 7th and December 15th
Where: Rochester NH

Certain restrictions apply, so you must call to register. The participants can get the full EPA/HUD required 5 year training with certification in just one 8-hour class and will leave there with their certification in hand.

Contact Ben Kirkwood at 603-716-2901 or 603-203-6430 (cell)
251 Pine St.
Manchester, NH 03103
K.Kirkwood Consulting, LLC
ben@kkirkwood.com
New England Health and Housing Lead-Edu
____________________________________________________________________

EPA Fines 16 Firms Nationwide for Violations of the Lead Renovation, Repair and Painting Rule

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today announced 16 enforcement actions for violations of the lead-based paint Renovation, Repair and Painting Rule (RRP). A priority for EPA’s enforcement program is to protect children, and others, from exposure to lead dust that can cause lead poisoning by ensuring that renovators follow the RRP and other lead rules. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.  Story continues here

------------------------------------------------------------------------------------------------
October 31. 2012 5:45PM
Landlord guilty of faking de-leaded properties

By Gary V. Murray TELEGRAM & GAZETTE STAFF
gmurray@telegram.com

WORCESTER �  A Leicester landlord was placed on probation yesterday after pleading guilty to charges of falsely representing that his property was in compliance with lead paint laws.

Jaroslaw Pianka, 42, of 5 Dolge Court, Charlton, pleaded guilty Thursday in Worcester Superior Court to two counts each of uttering a false document and single counts of larceny and reckless endangerment of a child. The charges related to properties Mr. Pianka owns on Dale Court in Leicester and allegations that he submitted fraudulent certificates of compliance and falsely represented to tenants that his properties were fully de-leaded.

Prosecutors from the office of state Attorney General Martha Coakley charged that Michael and Heather Bennett and their three children, two of them under age 6, rented one of the properties in February 2007, after being told by Mr. Pianka that it had been de-leaded. The family later conducted a home lead test, which revealed the presence of lead.

An inspection prompted by a complaint to the local Board of Health revealed several areas of the property that contained lead and Mr. Pianka was ordered to take remedial action.

In April 2009, Mr. Pianka gave the family and the health board a copy of a letter of full de-leading compliance, according to prosecutors. He also gave the family a copy of the Massachusetts Tenant Lead Law Notification and Certification Form, which the law requires landlords to provide to tenants before renting them properties built before 1978, prosecutors said.

Officials from the Massachusetts Department of Public Health's Child Lead Poisoning Prevention program later determined the documentation to be fraudulent, according to the attorney general's office.

Prosecutors also alleged that a letter of full de-leading compliance for a second property Mr. Pianka owned on Dale Court in Leicester contained the name and license number of an inspector who did not exist.

Assistant Attorney General Andrew A. Rainer recommended to Judge Richard T. Tucker yesterday that Mr. Pianka be sentenced to 18 months in the House of Correction with 59 days to be served and the balance of the sentence suspended for three years with probation.

The prosecutor further recommended that Mr. Pianka be ordered to pay $9,825 in restitution to the Bennetts, to perform 50 hours of community service entailing "actual physical work" to clean up the environment, and to have all of his properties inspected for lead paint and, if necessary, de-leaded.

Mr. Pianka's lawyer, Michael G. Cashman, urged the judge to spare his client from a jail sentence and place him on probation.

Judge Tucker placed Mr. Pianka on probation for three years. As conditions of probation, Mr. Pianka was ordered to provide a list of real properties he owns and their usages to the Department of Public Health and the Probation Department, to report any changes in ownership or usage to both agencies and to follow the health department's instructions concerning inspections and any de-leading.

The judge also ordered Mr. Pianka to perform a total of 300 hours of community service in the area of environmental concerns

Monday, October 22, 2012

This story out of Philadelphia: Lead paint rule baffles landlord



October 21, 2012|By Al Heavens, Inquirer Columnist


Make no mistake about it, David Dietz enjoys being a landlord.
He tries to be a good one, often showing up within minutes of a call from a tenant at any of six units in Northeast Philadelphia or the two in Atlantic City when a toilet clogs or a sink drips, changing a room color from his standard neutral or white to potato-chip yellow or Medici blue.
These days, however, Dietz finds himself a bit, well, confused, as he puts it. The reason for his confusion, apparently shared by many small landlords in Philadelphia, is city Ordinance 1000-11A, effective two months from Sunday.
This ordinance requires that all rental property owners who start new leases after Dec. 21 to families with children under age 6 certify that these properties have been tested for lead paint.
If evidence of lead-paint contamination is found in housing built before manufacture of this paint was banned in 1978, it must be remediated. Properties built after 1978 do not require testing.
Dietz understands the concerns the law is attempting to address. Data from the Centers for Disease Control and Prevention show 6 percent of all children ages 1 to 2 years and 11 percent of African American children ages 1 to 5 years have blood-lead levels in the toxic range.
Lead is a potent poison that can affect individuals at any age, according to the American Academy of Child and Adolescent Psychology.
Children are especially vulnerable because their rapidly developing nervous systems are particularly sensitive to the effects of lead, the academy said.
Elevated lead levels are found in about 1,000 Philadelphia children a year, or 3 percent of those tested, city health officials said during hearings on the bill.
Understood, yes, but with 60 days to go, "No one has explained how the law works," Dietz said.
Landlords such as Dietz fear they will be liable if the "dust-wipe test" to determine the presence of lead dust on surface areas of the apartment isn't done properly and the lead test on a tenant's child - routine in annual physicals for children up to age 6 - shows elevated levels in their blood.
An elevated blood-lead level in a child is defined as 10 or more micrograms of lead in a deciliter of blood.
The city said this July 17:
To be valid, the certificate must be based on an inspection conducted by a lead-risk assessor or certified lead-dust sampling technician no more than 24 months before the lease is signed.

Friday, September 28, 2012

Free Business and Landlord Workshop - Oct 15th


You're Invited to attend a Free Business & Landlord Workshop

Hosted By Rick Blais

When:  Monday, October 15th 2012 from 7:00 - 9:00 pm
Where: Community Room, 50 Queen City Ave Manchester NH

REGISTER NOWClick to Register

Come and Learn About:

  • New Tax Law changes coming your way in 2013
  • What to do before December 31,2012
  • Would Real Estate help me to Retire
  • Making smarter business decisions to increase my profitability

A CPA and Attorney will be on hand to help prepare you for the 2013 tax changes. To reduce your taxes in 2013 you need to start today.

Don't get caught behind the 8-ball.  We will also have a discussion session to help with your own concerns. 

QUESTIONS or to register by phone?  
Call: 603-641-2527







Monday, September 17, 2012

September 2012 - Landlord News

2013 Tax Changes - Should You Be Worried?

Here's a look at the laws that could wage a multipronged attack on your wallet and what you can do to prepare.
Over the last few years, Americans have observed a series of tense Capitol Hill confrontations over what to do about expiring tax code provisions. While each was significant, their scale is dwarfed by what looms at the end of this year: Without action by Congress, Americans face a half-trillion-dollar tax hike in 2013, according to the Tax Foundation — a scenario so ominous that pundits have nicknamed it "taxmageddon."
While the outcome is anyone's guess, it's important to know what hangs in the balance and what it could mean for your bottom line.
What's at StakeWhat Will Happen Jan. 1 Without Federal Action
Income Tax BracketsRates would rise for all Americans, with the lowest bracket rising from 10% to 15% and the highest from 35% to 39.6%.
DividendsWould be taxed at the same rate as ordinary income —
instead of today's 15% maximum rate.
Capital GainsMaximum rate would rise to 20% from the current 15%.
Personal Exemptions and Itemized DeductionsWould be reduced for high-income taxpayers.
Alternative Minimum TaxWithout extension of temporary exemptions, more taxpayers will be snared by this parallel tax system.
Payroll TaxesIndividuals' share of Social Security taxes would return from the temporary 4.2% to the normal 6.2%; the self-employment tax rate would rise from 10.4% to 12.4%.
Estate TaxesMaximum estate tax rate would rise to 55% from the current 35%; estates valued at more than $1 million would face the tax (versus the current $5 million).
Education SavingsThe annual contribution limit for Coverdell Education Savings Accounts would fall from $2,000 to $500 and qualified withdrawals would no longer be permitted for K-12 expenses.
Child Tax CreditFalls from $1,000 to $500.
Married Couples Filing
Joint Returns
The expiration of features meant to address a so-called "marriage penalty" would reduce standard deductions and push many couples into higher tax brackets.
Adoption Credits
Joint Returns
Maximum credit would fall from $13,360 to $6,000 and would only be available for special needs children.
Other Popular Tax Breaks
Joint Returns
Deductions for state and local sales taxes, higher education and teachers' classroom supplies all would vanish.

An Uncertain Outcome

Adding to the pressure, members of Congress will grapple with these broad-reaching tax expirations while facing national elections and a related showdown over what they should do when the nation again reaches its debt ceiling. That is the amount of debt the federal government is authorized to have.

Don't expect a clear outcome anytime soon. "Frankly, it's unlikely that it will be resolved before the November 6 election," says Dan Brouillette, USAA senior vice president for government and industry relations.
A bipartisan group of senators has begun working in hope of having a package ready shortly after the election, Brouillette says. "However, their final product could depend on the election results."
As with many recent tax issues, the nation may get a short-term extension that preserves our current tax rules for a few months or a year or two. On the other hand, the resolution could come in the form of sweeping tax reform that stretches to other tax provisions that aren't set to expire.

Personal Tax Moves: Watch and Wait

Given all the uncertainty, what should USAA members do? J.J. Montanaro, a CERTIFIED FINANCIAL PLANNER™ professional at USAA, offers three pointers:
  • Don't make big bets. "Since the outcome is unpredictable, I wouldn't make any big financial decisions based on an assumption that the tax debate will end one way or another," Montanaro says.
  • Tighten your budget. "If your taxes do increase, you'll be better prepared. If they don't, you'll have a windfall to dedicate to other goals," he says.
  • Stay alert. "Once the outcome is known, you may find it will be to your advantage to make some financial moves this year — under the current tax law," Montanaro says. For example, if you face higher capital-gains rates in 2013, it may be better to sell some of your investments sooner rather than later.
If recent experience is any guide, Congress may not act until late December. That means you may have limited time for those late-year decisions. Until then, keep monitoring for timely updates.

___________________________________________________________________________________________

NH Healthy Homes Conference - The Second Annual NH Healthy Homes Conference

Monday, October 15, 2012
Concord Courtyard by Mariott
Grappone Conference Center
Concord NH from 8:am - 4pmTo register online: Click here

_______________________________________________________________________________

Nashua - Section 8 can be a valuable, but uncertain choice for Bronstein Residents



Friday, September 14, 2012

NH Landlord Legislative planning meeting Monday 9/17/12 at 2pm



From: Nick Norman, RPOA Director of Legislative Affairs

Howdee everyone,

It has been a while since I communicated with you. That’s because the legislative season of course settles way down over the summer. Most public legislative activity seems to happen from the first of the year through spring. I will continue to be in touch sparsely during the fall as more develops.

The most important thing to be considering right now is that due dates for proposing new legislation (for incumbents) are almost upon us. It is time to be proactive at proposing new legislation that is positive for property owners.

In that light, I am hosting a legislative planning meeting on Monday 9/17/12 from 2pm to about 4pm. Please send me your ideas for changes to NH real estate law that you would like to see. If you would like to attend our meeting and play at a more involved level please contact me at 603-432-5549 or email office@LandlordResourcesNetwork.com

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs

Thursday, September 13, 2012


In case you missed the first session!!
Understanding Bedbugs - Lunchbox Class
  • Bed bugs are small, oval non-flying insects that feed by sucking blood from humans or animals.
  • Bed bugs can live in any area of the home and can reside in tiny cracks in furniture as well as on textiles and upholstered furniture. They tend to be most common in areas where people sleep and generally concentrate in beds, including mattresses, box springs, and bed frames.
  • Getting rid of bed bugs is not an easy process, and most cases of bed bug infestation will require treatment by a pest-control expert.
Learn about the basics of preventing an infestation and, if present, what must be done to eliminate them.
This class is presented by New England Health and Housing.
Location:
New England Health and Housing (Lead-edu)
251 Pine St
Manchester, NH 03103

Date & Time:
September 21st, 2012
12:00 Noon - 2:00 PM

Cost:
$30.00 (includes light lunch)
Thanks a lot!
 
Ben Kirkwood
251 Pine St.
Manchester, NH 03103
603 716-2901
603 203-6430 (cell)
K.Kirkwood Consulting, LLC
New England Health and Housing
Lead-Edu

Friday, August 24, 2012

Understanding Bedbugs - Lunchbox Class


Understanding Bedbugs - Lunchbox Class

Here is a short class that landlords might be interested in with the new bedbug legislation that is everywhere these days.  This is a very inexpensive ($30) and an informative 2 hour class, which also includes lunch. 
  • Bed bugs are small, oval non-flying insects that feed by sucking blood from humans or animals.
  • Bed bugs can live in any area of the home and can reside in tiny cracks in furniture as well as on textiles and upholstered furniture. They tend to be most common in areas where people sleep and generally concentrate in beds, including mattresses, box springs, and bed frames.
  • Getting rid of bed bugs is not an easy process, and most cases of bed bug infestation will require treatment by a pest-control expert.
Learn about the basics of preventing an infestation and, if present, what must be done to eliminate them.

This class is presented by the Construction Institute of New Hampshire.

Location:
The Housing Center
Home Builders & Remodelers Association of New Hampshire
119 Airport Road
Concord, NH 03301

Date & Time:
September 7th, 2012
12:00 Noon - 2:00 PM

Cost:

$30.00 (includes light lunch)

Register online or by calling the HBRANH at 603-228-0351.

Cancellations for HBRANH events made 7 or more business days prior to the date of the event will receive full refund. If cancellation is made less than 7 business days in advance registrants will receive or be billed for 50% of the event fee. Registrants who fail to attend without prior notification are liable for the entire fee. Phone or email confirmations from registrants shall be deemed as firm regardless of receipt of payment.

Ben Kirkwood
251 Pine St.
Manchester, NH 03103
K.Kirkwood Consulting, LLC
New England Health and Housing
Lead-Edu


Wednesday, August 22, 2012

Lead Paint Safety for Landlords



Wednesday, September 5, 2012, 8:30 AM - 12:30 PM
Location/VenueHome Builders & Remodelers Association of NH
Address119 Airport Rd, Concord, NH 03301 [Map]
Registration Deadline09/04/2012


Lead Paint Safety for Landlords
Most people think lead paint is a thing of the past. Lead paint was used extensively, prior to 1978 when it was finally outlawed. The problem is that all that lead paint, which held up for so many decades has now begun to crack, peel, chip and flake, exposing extremely high levels of lead in many cases making lead paint, arguably, a bigger problem than ever.
Lead paint dust is especially dangerous because it cannot be seen or detected in most cases, leaving small children particularly vulnerable since they tend to spend a great deal of time on or near the floors and windowsills. Landlords, plumbers, renovators, builders & remodelers of all kinds come in contact with this dangerous and toxic substance often on a regular basis during their normal work day any time paint is disturbed in a pre-1978 building or home.
This course will teach you why lead paint is so dangerous and how to deal with it safely on the job, keeping both you and your tenants healthy and safe from its toxicity.
Save yourself the complaints, headaches and possible lawsuits from tenants claiming they or their children became sick living in your property. Learn how to deal with lead paint safely and easily now!
Cost: $100 (members) $135 (non-members)
HBRANH Cancellation Policy Cancellations for HBRANH events made 7 or more business days prior to the date of the event will receive full refund. If cancellation is made less than 7 business days in advance registrants will receive or be billed for 50% of the event fee. Registrants who fail to attend without prior notification are liable for the entire fee. Phone or email confirmations from registrants shall be deemed as firm regardless of receipt of payment. No registrations will be allowed for individuals or companies with outstanding balances dueHBRANH.
Instructor:
Lead-Edu

Item NameDescriptionMember CostNon-member Cost
Lead Paint Safety for Landlords


$100.00$135.00


Ben Kirkwood
251 Pine St.
Manchester, NH 03103
K.Kirkwood Consulting, LLC
New England Health and Housing
Lead-Edu



Wednesday, August 15, 2012

NH Healthy Homes Annual Conference

NH Healthy Homes Annual Conference



When: Monday, October 15, 2012
Time: 8:00 am to 4:00 pm
Where: Grappone Conference Ctr, Courtyard Marriott,
            70 Constitution Dr, Concord NH 03301
Cost: $40.00 per person

For More Information, contact
Nancy Kilbride
Events Your Way LLC
603-472-4893

To Register online click below:


Thursday, July 26, 2012

Dog Bite Victims May Get Second Bite at Compensation Through Landlords


Dog Bite Victims May Get Second Bite at Compensation Through Landlords

http://www.redorbit.com/news/general/1112660983/dog_bite_victims_may_get_second_bite_at_compensation_through/

July 21, 2012

Becker Law Office attorney discusses the impact of a recent Kentucky Supreme Court decision about situations in which a landlord may be held liable for an injury caused by a tenant's dog.

Louisville, KY (PRWEB) July 20, 2012

Dog bite victims injured on leased premises are no longer out of luck if the dog owner fails to carry renters insurance covering dog bite attacks, according to Kevin Renfro, attorney and managing partner for Becker Law Office. In the recently decided case of Benningfield v. Zinsmeister** (see citation at bottom of article), the Kentucky Supreme Court found that a landlord might be liable for damages if a tenant’s dog attacks. The question before the Court was whether a landlord who permits a tenant to keep a dog on leased premises can be deemed an “owner” of the tenant’s dog and, therefore, liable for damages if that dog causes injury to a third party.

Kentucky dog bite law (KRS Chapter 258) imposes strict liability on dog owners when their dogs attack a person, livestock or personal property. (See: KRS 258.235(4)) That means there is no “one bite” rule allowing the animal to attack one time before its owner is then liable for damages. KRS 258.990 provides that “the owner of any dog…which bites a human being shall be liable to pay all damages for personal injuries resulting from the bite…” The all-important question then centers around who is deemed an “owner” for liability purposes.

KRS 258.095(5) defines “owner” as “every person having a right of property in the dog and every person who keeps or harbors the dog, or has it in his care, or permits it to remain on or about premises owned or occupied by him.” It is this last phrase of the definition of “owner”, says Renfro, upon which the Kentucky Supreme Court found a landlord might be held responsible for damages caused by a tenant’s dog.

“On or about the premises” determines the extent of the landlord’s liability based on the geographical location of the attack. The Benningfield Court explained that landlords might be liable for attacks that occur immediately adjacent to the property or “so close to it as to be within immediate physical reach.” Landlords are not liable for injuries occurring outside the leased premises.

Based on the Court’s reasoning, Renfro explains, a landlord may be deemed an “owner” if the landlord knows about the dog on the leased premises and permits the dog to be there. After being deemed an “owner”, a landlord might be liable for damages if the dog attacks within immediate physical reach of the leased premises.

The Becker Law Office dog bite attorneys anticipate the Benningfield ruling will have a ripple effect on both landlords and tenants. Landlords will change their rental policies regarding dog owners. Tenants will either no longer be permitted to keep dogs on leased premises, or landlords will require tenants to purchase and carry liability insurance to cover dog bite attacks. Landlords should also check to ensure their liability insurance covers tenant’s dog attacks since the landlord may ultimately be held responsible for paying damages caused by the attack.

The practical effect of this ruling is that dog bite victims may still be compensated if attacked by a tenant’s dog on leased property where the tenant has no insurance. The Benningfield Court explained, “including responsible landlords under the umbrella of dog owners…increases the likelihood that an innocent dog-attack victim can be made whole.”

Monday, July 16, 2012

Landlord News for July 2012



Judge orders satellite network to remove unused hardware from roof

In a novel and potentially precedent-setting legal case, a Los Angeles County Superior Court judge in Glendale ordered Dish Network to pay for the removal of three satellite dishes from an apartment building whose owner says were ordered by tenants without his approval, but who have since moved out.

Want to be a landlord? Read this


Insurance agents call for mandatory renters policies - Daily American

New Method to Rent your Apartments

The Second Annual New Hampshire Healthy Homes Annual Conference
If your business, work or volunteer activities provide access to the homes of New Hampshire families, this 2nd Annual Statewide Healthy Homes Conference will benefit you! The full-day conference will help you understand the latest in the connection between health and housing and how to take a holistic approach to identifying and resolving problems which threaten the health and well being of residents. Those involved in health, housing, safety, children, energy or family services will gain insight and practical applications that will improve the health of their clients. This lively and engaging day will bring together professionals with a variety of perspectives and experience

When: Monday October 15, 2012
Time: From 8:00 a.m. - 4:00 p.m
Location: Concord Courtyard by Marriott Grappone Conference Center, Concord NH

Thursday, June 7, 2012

Baltimore landlord gets prison for lead-paint violations


Owner of 175 rental units, cited repeatedly, filed for bankruptcy
By Timothy B. Wheeler, The Baltimore Sun
8:16 p.m. EDT, June 6, 2012

A Baltimore landlord with a long history of violating lead-paint poisoning laws was sentenced Wednesday to a year and a day in prison by a federal judge, who called the now-bankrupt businessman a "scofflaw."

Cephus Murrell, 69, of Catonsville sat impassively in U.S. District Court as Judge Benson E. Legg imposed the sentence, which included six months' home detention after release from prison.

Murrell owned and managed 175 rental units in Baltimore, officials said, all built before lead paint was banned. A landlord since 1974, Murrell and his company have been issued more than 20 lead-paint violation notices or compliance orders over the years by city health or state environmental agencies, authorities said.

Rod J. Rosenstein Federal and state officials and children's advocates welcomed the prison sentence in only the second federal criminal prosecution in Maryland for lead-paint violations.

"Cephus Murrell placed Baltimore children at risk of permanent injuries by violating federal law and ignoring repeated orders to comply with lead-paint regulations," Rod J. Rosenstein, the U.S. attorney for Maryland, said in a statement.

Ingesting even tiny amounts of lead-paint flakes or dust can cause lasting damage to children' learning and behavior. The city and state have struggled for decades to curb childhood lead poisoning, and though cases have declined greatly over the past 20 years, there were still more than 500 statewide in 2010, the most recent year for which figures are available.

"We have to have accountability and responsibility to make progress," said Ruth Ann Norton, executive director of the Coalition to End Childhood Lead Poisoning. She said the prosecution sends a message to landlords who are skirting the law.

A city Health Department inspector testified at Wednesday's sentencing that children had tested positive for lead poisoning in at least 11 of Murrell's properties during the past three decades. The landlord was jailed for a few days in 2010 by a Baltimore Circuit Court judge, who found him in contempt for failing after years of government pressure to fix lead-paint hazards in his rental units.

Murrell pleaded guilty in federal court in July to three misdemeanor violations of the Toxic Substances Control Act. He had been charged with failing to notify his tenants of lead-paint hazards in their units, for conducting an abatement in one unit while children were present, potentially exposing them to lead dust, and for falsely certifying that abatement work was being done with proper supervision.

Paul Mark Sandler, Murrell's lawyer, asked the judge not to imprison his client, saying Murrell was well-intentioned but a sloppy businessman who got in over his head. The lawyer presented three character witnesses who described Murrell as generous and always willing to help out people, including inner-city children, the homeless and his low-income tenants.

Murrell, in a brief statement, said he was "brought up to help people," but apologized for his handling of lead-paint issues, saying, "I really should have exercised more supervision."

Sandler told the judge that Murrell was getting out of the landlord business, having turned over his properties to a trustee after filing for bankruptcy in March.

But state officials said it is not clear that Murrell is no longer involved with rental housing and that he has brought all of his units into compliance with lead-paint laws as promised.

Samantha Kappalman, a spokeswoman for the Maryland Department of the Environment, said Murrell was required under his federal plea last year to get certificates showing that he had reduced lead-paint risks at about 60 properties he owned. To date, he's submitted only 11 certificates, she said.

Assistant U.S. Attorney P. Michael Cunningham urged Legg to give Murrell an 18-month prison sentence, arguing that whatever kindnesses Murrell has performed did not negate the harm he had done by exposing his tenants to lead-poisoning risks. He said Murrell had repeatedly neglected his responsibilities over the years.

"Mr. Murrell has a history of playing the shell game," the prosecutor said. "That hasn't changed."

The judge said he trimmed Murrell's prison sentence in recognition of his age and the testimonials about his good deeds. But Legg said prison time was warranted in light of the seriousness of lead poisoning and as a deterrent to other noncompliant landlords. The judge also ordered Murrell to get out of the rental housing
business "in an orderly fashion."


Becoming a successful Landlord 101-102

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Register to attend this free two-part workshop on Monday June 18 and 25th. 

Want to become a profitable & successful Landlord?
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Workshop hours are 6:00 pm to 9:00 pm both nights.
Learn how to become profitable at being a Landlord and reduce the headaches.

Topics include:
  • Is now the time to get into real-estate?
  • Where do I come up with a down payment?
  • What location should I look consider?
  • How to get a financing.  
  • How to analyze if it will make money and factoring in the repairs cost.
  • Getting set up to win with my team of professionals.
  • How to manage rental property to be profitable.
  • Do's and don'ts of Landlording.
  • Record keeping.
  • Tax strategies.
  • Income planning.
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  • Screening to get the best tenants.
  • Running it as a business.
  • Protecting your assets from lawsuits and taxes.
  • Retiring with real-estate.  
Seating is limited to the first 50 people, handouts will be made available.


Date: June 18 & 25th 6-9 pm (Complimentary Pizza & soft drinks will be served at 5:30 pm)

Location: Community Room 50 Queen City Ave. Manchester, NH

Cost: FREE

To register please Click Here OR call today to reserve your seats at 603-232-9195 


Wednesday, May 23, 2012

ATTENTION LLC MEMBERS - IMPORTANT INFORMATION REGARDING LIABILITY FOR LEAD PAINT INJURY


ATTENTION LLC MEMBERS - IMPORTANT INFORMATION 
REGARDING LIABILITY FOR LEAD PAINT INJURY

Individual liability for lead paint injury - NH Supreme Court opinion issued Friday, May 11, 2012

This is not good news for landlords, property managers or their employees. Apparently, members, managers, employees and/or other agents of a limited liability company can be held personally liable if a tenant can prove "negligent" failure to deal with peeling and flaking paint which results in lead poisoning of a tenant's child. Read the slip opinion at the link below.

Monday, May 21, 2012

Senate to consider housing bill that would loosen eviction standards



By JAKE BERRY Staff Writer

Wednesday, May 16, 2012

http://www.nh.com/news/960884-151/senate-to-consider-housing-bill-that-would.html

Local renters could be evicted from their homes for any reason once their lease expires under a proposed law to be voted Wednesday in the state Senate.

Most lease agreements allow renters to stay on as month-to-month-tenants once their lease agreement expires. Under HB 1263, landlords could evict tenants at any time for any reason once the contract ends.

Rep. Brandon Giuda, R-Chichester, introduced the bill earlier this year to bring housing contracts in line with other legal agreements.

“When you make a contract with somebody, you make a contract. There is no reason why contract law should be different in landlord-tenant cases,” he said.

But housing advocates fear the measure could cause further instability among some of the state’s most vulnerable residents.

The bill passed the House of Representatives earlier this spring, and the state Senate is scheduled to take up the matter Wednesday.

“This destabilizes the housing market for low- and middle-income families who rely on rental units as their home,” said Dan Feltes, a staff attorney at New Hampshire Legal Assistance, which provides legal services for low-income earners.

“There just has to be a reason (for eviction),” Feltes said Tuesday. “Otherwise we’re subjecting (thousands of families) to complete instability and arbitrary eviction on a whim at any time. ... Simply not liking somebody ... is not good cause to evict.”

Current housing law permits landlords or property managers to evict tenants who have active lease agreements at any time if they fail to meet payments or break the conditions of the contract. But if the lease agreement has expired, landlords must provide justification for eviction, including plans to renovate the unit, to take it off the market or to increase rent more than the tenant is willing to pay. Under HB 1263, landlords would no longer need due cause to evict once the lease expires.

Some property managers and other supporters of the bill say it could provide more freedom to landlords to monitor the inhabitants in their units.

“If you’ve got an undesirable tenant who pays their rent, it gives you the opportunity to work it out with them, (otherwise) they don’t have any right to stay,” said Richard Jean, owner of Central Realty in Nashua, which manages about 300 properties around the area.

“The goal is always to let them stay,” Jean said. “But it would give us the ability to move on if we have to.”

Still, other property managers disagree, fearing the law would give landlords undue power to evict residents based on maintenance requests, disability accommodations, or other reasons.

“First and foremost, a proof of cause provides a balance of power in an owner-tenant relationship,” Paul Stewart, president of Stewart Property Management in Bedford, wrote last week in a letter to the Senate Judiciary Committee, which considered the matter.

“Without cause, an owner could nonrenew a lease for any undisclosed reason,” Stewart wrote, “which could be because the tenant requested maintenance or complained about health or safety violations, or entertained guests or exhibited a lifestyle not to the liking of the owner.”

The legislation wouldn’t apply to all property owners and tenants. If passed, it would exempt “small-time” landlords, who own four units or less, and it wouldn’t apply to vacation homes or government-subsidized housing, which falls under federal law, according to Feltes, of New Hampshire Legal Assistance.

Census data shows there are about 152,000 occupied rental units in the state, though about 20,000 are public housing, according to the U.S. Department of Housing and Urban Development. Many more do not have lease agreements.

Still, if passed, the law could affect the housing market for future renters, as well, Feltes said.

Under the law, many landlords could shift toward shorter 30- or 60-day lease agreements knowing they could evict their tenants any time after, he said.

“They can keep the tenants they like after the expiration,” Feltes said. “The ones they don’t, they won’t.”

This could leave many families struggling to maintain stable housing, among other services, said Elissa Margolin, director of Housing Action NH, a statewide housing coalition.

“We know that moving families from place to place really undermines family stability, and certainly the education of young children,” Margolin said. “We see this (proposal) as neither fair nor functional.”

Jake Berry can be reached at 594-6402 or jberry@nashuatelegraph.com

Friday, May 18, 2012

Workshop - How to Avoid A Lead Abatement Order


How to Avoid A Lead Abatement Order

A workshop designed with the Landlord Resources Network (operated by landlords) and specifically for landlords, property managers and maintenance personnel.

If any of your buildings were built before 1978, you need to attend this workshop.  A Lead Abatement Order could cost $35,000 per unit or more. Taking this class now can prevent a financial crisis in the future.



Presented by Nick Norman, Landlord & EPA/HUD RRP Instructor
Friday, June 1, 2012
6:15 am – 9:15 pm  (Registration 5:45pm)
$30 Tuition, $15 Audit (Ask about referral credit)

EPA HUD Certified RRP Lead-Safe Renovator


Initial course
Presented byLead Edu / Nick Norman
Saturday, June 2, 2012
8:00 am – 4:30 pm (Registration 7:30am)
$180 Tuition, $60 Audit (Ask about CEU credits)
Marion Gerrish Community Center39 W Broadway, Derry, NH 03038


Upon completing this course you will be a Lead-Safe RRP Certified Renovator.



Contact Landlord Resources Network
603-432-5549  office@LandlordResourcesNetwork.com.
for Registration and more Information

Sponsored by:
  • Andrew Sullivan Attorney at Law, 603-644-5291, andy@andrewsullivanlaw.com
  • Ron Pelletier 603-620-6608, RRP Lead Safe Renovator, all types of property maintenance
  • Tri-Town Property Services 603-669-1622, Licensed gas service, appliance repair all makes

Sunday, May 13, 2012

Legislative Update - Week Ending May 18, 2012


This Legislative update is provided courtesy of the RPOA, Nick Norman, Director of Legislative Affairs

This update contains:
  • Requests for members to contact elected officials with their input
  • Summaries of victories and setbacks
  • Summaries of other bills decided
  • Summaries of all currently active bills
Full details are provided below on all currently active including talking points and much more.

Contact Elected Officials

Bills to be voted on by Senate then if passed sent to Governor (Please contact your Senators and ask them to vote in our favor):

HB514 Title: relative to entry on private land.

Summary: This bill prohibits persons from entering onto private property to gather information without the permission of the property owner except in specified situations, such as checking up on permits, gathering tax assessing information, or emergency services - fire or police.

Property Owner Position: Support

HB1298 Title: relative to the definition of "public use" under the eminent domain procedure act.
Summary: The bill limits the use of eminent domain takings by for-profit participant funded transmission lines not needed for system reliability.

Property Owner Position: Support

HB1415 Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Summary: The bill allows for replacement of existing domestic septic systems by rule subject to a number of conditions, such as there will not be an increase in the amount of sewerage going into the system, and the original system was properly permitted.
Property Owner Position: Support

HB1263 Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Majority Report: Ought to Pass Amended

Bills to be voted on by House then if passed sent to Governor (Please contact your Representatives and ask them to vote in our favor):
SB342 Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
SB266 Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
SB395 Title: relative to construction of an access road on land in current use.
SB382 Title: (New Title) allowing for proration of property assessments for damaged buildings.

At this point the committees have decided on all of the bills; however, please email or call your Senator, Representative or the governor’s office to give them your input on the bills still active & ask your legislator to vote in our favor and ask the governor to approve or veto in our favor. (property owner position in the detail below).

Contacting Your Elected Officials

Governor's office is 271-2121
You can e-mail the governor by going to the following website:
http://www4.egov.nh.gov/governor/goveforms/comments.asp

To find both your Representative & Senator go to
http://www.gencourt.state.nh.us/house/members/wml.aspx

This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”

For complete details for each category are listed below.

Bills still active:
None

Based on the results immediately below, we have 4 victories and 2 new setbacks (in Bills with both a Victory and a Setback). Thank you for any part you have done.

Victories:

SB364 Title: relative to tenant guest practices.
SB382 Title: (New Title) allowing for proration of property assessments for damaged buildings.
SB222 Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
See NH Landlord News for complete details.

Setbacks:

None

Bills with both a Victory and a Setback:

SB301 Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
HB1597 Title: relative to taking by eminent domain for certain purposes.

Other bills decided:

SB342 Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
SB306 Title: relative to the commercial and industrial construction property tax exemption
SB266 Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
SB395 Title: relative to construction of an access road on land in current use.
SB382 Title: (New Title) allowing for proration of property assessments for damaged buildings.

Bills Signed by Governor:
HB1618 Title: (New Title) relative to types of community living facilities.

Bills Vetoed by Governor:
None

This week:
None

Next week:
None

Bills on way to Governor:
HB247 Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.
SB222 Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
SB204 Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.

==============================================
Victories summary:
SB364 Title: relative to tenant guest practices.
Property Owner Position: Oppose
House Status: none
Senate Status: INEXPEDIENT TO LEGISLATE

SB382 Title: (New Title) allowing for proration of property assessments for damaged buildings.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB222 Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT


==============================================
Setbacks summary:
==============================================
Bills with both a Victory and a Setback summary:
SB301 Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Property Owner Position: Support
House Status: Majority Report: Inexpedient to Legislate
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1597 Title: relative to taking by eminent domain for certain purposes.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: Majority Report: Inexpedient to Legislate
==============================================
Other bills decided summary:
SB342 Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Property Owner Position: No Action
House Status: Majority Report: Ought to Pass
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB266 Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Property Owner Position: No Action
House Status: Majority Report: Ought to Pass
Minority Report: Inexpedient to Legislate
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB395 Title: relative to construction of an access road on land in current use.
Property Owner Position: No Action
House Status: Majority Report: Ought to Pass
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB204 Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.
Property Owner Position: No Action
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
==============================================
Bills Signed by Governor summary:
HB1618 Title: (New Title) relative to types of community living facilities.
Property Owner Position: No Action
==============================================
Bills Vetoed by Governor summary:
==============================================
All Bills Still Active summary:
HB247 03/27/2012 at 09:25 AM LOB 102
Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.

Summary: This bill continues to limit any non-licensed affiliate to the same restriction of <=3 mortgage orginations in a 12 month period as sellers have under the "Safe Act".

Property Owner Position: Support

SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.

Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.

Property Owner Position: No Action
...
SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.

Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.

Property Owner Position: No Action
...
SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.

Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.

Property Owner Position: No Action
...
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.

Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.

Property Owner Position: No Action
...
SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.

Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.

Property Owner Position: Support
...
SB222 04/24/2012 at 10:15 AM LOB 302
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.

Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.

Property Owner Position: Support
...
HB1263 05/10/2012 at 01:15 PM LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.

Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.

HB1263 was amended by the house then later amended again by the Senate committee.

The House amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."

In short, the house version allows for an eviction when a lease expires or is terminated and abolishes the requirement that owners of restricted housing register with the town clerks.

The senate version amends RSA 540:2 by giving as a grounds for eviction the expiration or rightful termination of the lease or other agreement of tenancy or recission of any such lease or agreement that was entered into after January 1, 2013.
Therefore, any leases entered into prior to January 1, 2013 are not subject to this new provision if it becomes law.

The second major difference with the senate version is that owners of restricted properties will still have to give service of process information to the town or city clerks if the local municipality votes to require such. The bill also is enabling legislation for the municipalities to adopt bylaws and ordinances in order to require the landlords to provide service of process information.

The senate bill brings to mind the old saying of not throwing the baby out with the bath water. The baby is adding the additional ground for eviction, overturning the state supreme court's ruling that the end of a lease, in and of itself, is not grounds for eviction. The bath water is the second section, which, in our opinion does not remove the requirement of providing service of process information. We expect that most of the larger municipalities will adopt ordinances to require that service of process information be provided. Since the majority of our apartments are in such communities, we expect that most of our membership will still be required to provide the information.

Our thought is we should take the baby even with the dirty bath water, as gaining the termination of a lease as a ground for eviction can be very useful. Even as amended, we should support the bill by writing and calling senators.


Property Owner Position: Support
...
SB204 04/24/2012 at 02:15 PM LOB 302
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.

Summary: Updates Commercial Code for changes in technology, legal entities, etc.

Property Owner Position: No Action
...

==============================================
Full details on all bills Still Active:
HB247 03/27/2012 at 09:25 AM LOB 102
Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.

Summary: This bill continues to limit any non-licensed affiliate to the same restriction of <=3 mortgage orginations in a 12 month period as sellers have under the "Safe Act".

Property Owner Position: Support

Link to Committee Info:

Email to Committee:
To:
Subject: HB247

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0247.html
Analysis Stated in Bill: This bill adds exemptions to the licensure law regarding mortgage bankers and brokers for persons who negotiate no more than 3 or fewer residential mortgage loans in a calendar year.

Talking Points:
As many of you know relative to the “Safe Act” a seller is limited to <=3 owner finances in a 12 month period. This bill continues to limit any non-licensed affiliate with a similar restriction including that they utilize a licensed mortgage originator.

This bill is complex and also makes changes for people doing mortgage loan modification.
If you think any of this may affect you please do more research and contact your legislators.

Since a few of our members do use private financing, I suggest we support the bill.

=====================
HB514 03/29/2012 at 01:00 PM LOB 101
Title: relative to entry on private land.

Summary: This bill prohibits persons from entering onto private property to gather information without the permission of the property owner except in specified situations, such as checking up on permits, gathering tax assessing information, or emergency services - fire or police.

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB514

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0514.html
Analysis Stated in Bill: This bill prohibits certain entry on private property for data gathering without a warrant or the written consent of the landowner.

Talking Points:
The bill, as amended by the Senate Judiciary Committee adds three new sections to RSA 36-A:4, and would establish a committee to study entry upon private lands. (RSA 36-A is the statute that grants municipalities the powers to establish a conservation commission). In RSA 36-A:4 are the powers that can be exercised by a conservation commission.

The three sections that amend the powers of a conservation commission limit a commission or its members or designees from entering upon private lands to gather information without either the consent of the landowner or after obtaining a warrant. Prior to requesting permission, the commission must give the landowner notice of the purpose the data gathering, what will be evaluated, how data is to be obtained, recorded and distributed and possible consequences of the data collection. No data gathered without the landowner's permission can be used except for law enforcement as authorized by statute.

The duties of the study commission are to study use of unposted private land for recreational use, policies on the entry of private land to obtain data, opportunities for intergration of state policies for gathering and publication of data gathered from private and public lands, potential problems for such intergration, rights and responsibilities of people entering private land, the statutes regarding posting, trespassing on private lands, and the opportunity of a landowner to challenge data or findings.

=====================
HB1298 03/29/2012 at 01:30 PM LOB 101
Title: relative to the definition of "public use" under the eminent domain procedure act.

Summary: The bill limits the use of eminent domain takings by for-profit participant funded transmission lines not needed for system reliability.

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1298

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1298.html
Analysis Stated in Bill: This bill clarifies the definition of “public use” for purposes of eminent domain.

Talking Points:
There are a number of eminent domain bills this session, all seemingly related to the Northern Pass project. While we may have varying opinions on the project, we can probably all agree to protect individual property rights from being taken by a for-profit business using an eminent domain procedure to force a sell for their private profit.

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SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.

Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.

Property Owner Position: No Action

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB342

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0342.html
Analysis Stated in Bill: This bill includes standards for log homes in the New Hampshire building code.

Talking Points:
Although building codes can apply to our buildings, no action is recommended on this bill as it is unlikely any of us will build an apartment building from logs.

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HB1415 04/12/2012 at 09:30 AM LOB 102
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.

Summary: The bill allows for replacement of existing domestic septic systems by rule subject to a number of conditions, such as there will not be an increase in the amount of sewerage going into the system, and the original system was properly permitted.

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38

Email to Committee:
To: bob.odell@leg.state.nh.us; john.gallus@leg.state.nh.us; jeb.bradley@leg.state.nh.us; gary.lambert@leg.state.nh.us; amanda.merrill@leg.state.nh.us;
Subject: HB1415

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1415.html
Analysis Stated in Bill: This bill creates a permit for the repair or replacement of certain sewage or waste disposal systems.

Notes: The new amendment (4/13/12) changes one exemption for replacing with an in kind sewerage disposal to one that is in strick accordance with the previously approved plan.
Although the prior bill is a bit better, especially if new technology can be incorporated into a replacement system, we should support the bill because it helps speed up permitting and reduces costs to home owners who have a failed system.

Talking Points:
This is a good bill allowing people to replace their household systems without having to wait through the permit process. it does save both homeowners money and possibly the state money by reducing the paperwork in a replacement of a septic system approval.

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SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.

Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.

Property Owner Position: No Action

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB306

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0306.html
Analysis Stated in Bill: This bill makes the application procedure for the property tax exemption for commercial and industrial construction prospective, and permanently extends the authority for the exemption.

Talking Points:
The stated analysis is very accurate. The bill repeals sections which allowed a person constructing a commercial building to apply after starting construction for a tax exemption, and sets a date by which the applicant has to be notifed if he or she receives the exemption.

Although we have not read all of RSA 72, which is the chapter being amended, I believe that this bill only applies to the contruction of commerical properties. As a result, it does not directly impact us, and I recommend that we do not spend our legislative resources on this bill.

However, for those people in the commercial construction business you may want to take a look at how this affects your business.

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SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.

Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.

Property Owner Position: No Action

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24

Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: SB266

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0266.html
Analysis Stated in Bill: This bill prohibits electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.

Talking Points:
the definition of smart meters in this bill: Smart meter gateway device means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user’s residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user’s residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.

It is unclear if a smart meter that only monitors electric useage for billing is covered by this definition. Further, the bill does not prohibit the utility from charging additional fees for people who request that a smart meter not be installed at their home or residence. (Central Maine Power charges additional fees each month, $20?, if a resident refuses to allow a smart meter to be installed. CMP also indicated in the information they provided that the smart meters monitor usage for billing purposes) We also checked with some of our doctors to see if they had any information about the meter being a hazard, and they said they did not have any information showing problem caused by the meter.

We just do not see major pros or cons to this bill that effect us as rental housing owners/managers, unless the meters can actually control appliances, especially heating and hot water systems, which we do not believe occurs. We feel that we should not take any action for or against this bill and concentrate on the bills that have a greater impact on the landlording business.

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SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.

Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.

Property Owner Position: No Action

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB395

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0395.html
Analysis Stated in Bill: This bill clarifies that land in current use upon which an access road is constructed does not lose its status for current use taxation.

Talking Points:
We have not completed a detailed analysis because this bill effects only undeveloped land. If we were developers, this bill could effect us. However, as owners and operators of existing buildings, we are not effected by the bill.

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SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.

Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB382

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0382.html
Analysis Stated in Bill: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.

Talking Points:
The amended bill allows proration of real estate taxes on residential buildings containing no more than four units to be prorated if the building is damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.

There is a cap in the bill to protect the cities and towns.

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SB222 04/24/2012 at 10:15 AM LOB 302
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.

Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.

Property Owner Position: Support

Link to Committee Info:

Email to Committee:
To:
Subject: SB222 Support

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0222.html
Analysis Stated in Bill: This bill makes technical corrections in the laws relating to property and casualty insurance.
This bill is a request of the insurance department.

Talking Points:
We thought that paying insurance agent directly before cancellation date was sufficient and a standard of practice.
Seems like this should be an obvious no brainer.
Why should a property owner have their insurance canceled if they actually paid it to their agent on time?

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HB1263 05/10/2012 at 01:15 PM LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.

Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.

HB1263 was amended by the house then later amended again by the Senate committee.

The House amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."

In short, the house version allows for an eviction when a lease expires or is terminated and abolishes the requirement that owners of restricted housing register with the town clerks.

The senate version amends RSA 540:2 by giving as a grounds for eviction the expiration or rightful termination of the lease or other agreement of tenancy or recission of any such lease or agreement that was entered into after January 1, 2013.
Therefore, any leases entered into prior to January 1, 2013 are not subject to this new provision if it becomes law.

The second major difference with the senate version is that owners of restricted properties will still have to give service of process information to the town or city clerks if the local municipality votes to require such. The bill also is enabling legislation for the municipalities to adopt bylaws and ordinances in order to require the landlords to provide service of process information.

The senate bill brings to mind the old saying of not throwing the baby out with the bath water. The baby is adding the additional ground for eviction, overturning the state supreme court's ruling that the end of a lease, in and of itself, is not grounds for eviction. The bath water is the second section, which, in our opinion does not remove the requirement of providing service of process information. We expect that most of the larger municipalities will adopt ordinances to require that service of process information be provided. Since the majority of our apartments are in such communities, we expect that most of our membership will still be required to provide the information.

Our thought is we should take the baby even with the dirty bath water, as gaining the termination of a lease as a ground for eviction can be very useful. Even as amended, we should support the bill by writing and calling senators.


Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1263 Support

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1263.html
Analysis Stated in Bill: This bill repeals the requirement that landlords of restricted residential property provide service of process information to the municipality in which the property is located.

Notes: Supported by NHAR

Talking Points:
The intent of the amendment is to overrule the Supreme Court case where the court determined that a landlord could not evict a tenant just because the lease expired. The amendment also gives landlords the ability to evict tenants for rightful termination of a lease or other agreement. This may not have any effect, because to terminate a lease, the tenant must have breached a material provision. Landlords, persuant to RSA 540:2 can already evict a tenant on the grounds of a breach of a material provision of a lease. In a residential situation it is not clear if recission would be something a landlord would want to use. However, in a commercial lease, this maybe an important remedy.

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SB204 04/24/2012 at 02:15 PM LOB 302
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.

Summary: Updates Commercial Code for changes in technology, legal entities, etc.

Property Owner Position: No Action

Link to Committee Info:

Email to Committee:
To:
Subject: SB204

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0204.html
Analysis Stated in Bill: This bill makes changes to Article 9 of the Uniform Commercial Code, relative to secured transactions, as proposed by the National Conference of Commissioners on Uniform State Laws.

Talking Points:
Dropped from our watch list. If this affects you please continue to follow it and respond to legislators.
The bill merely adopts changes in the code proposed by the body who originally wrote the code. When the code was written, there was no internet, computers were not used as they are today, and Limited Liability Companies did not exist. The changes, without spending hours of study, deal with the changes in technology, legal entities, and doing business.

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HB1597 05/10/2012 at 01:35 PM LOB 101
Title: relative to taking by eminent domain for certain purposes.

Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1597

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1597.html
Analysis Stated in Bill: This bill grants an owner of real property which was subject to eminent domain whose valuation will be impacted if transmission lines are constructed because of eminent domain the right to be compensated by the owner of the transmission lines for the difference in value.

Talking Points:
There are a number of eminent domain bills this session, all seemingly related to the Northern Pass project. While we may have varying opinions on the project, we can probably all agree to protect individual property rights from being taken by a for-profit business using an eminent domain procedure to force a sell for their private profit.