Legislative call to action! please contact legislators on these committees

Howdee team,

Thank you to the volunteers that came together to help out. Even the smallest jobs were very helpful so we could coordinate all the pieces to assist us in responding to new legislation. (more volunteer help still needed).

I have provided a very short summary 1st with much more detail later below and the text for each bill is also in the attachments.

What we need from you:
1. Please email, or call the legislators regarding these bills, including the extras from last week (you can reword ideas from the talking points below)

2. If you communicate with a legislator or any one else and learn something not already captured below please notify me so I can continue to get as much info out to every one as possible.


Short summary of real estate related legislative schedule. There are no bills scheduled so far this week that we will attend hearings.

HB1565 01/10/2012 at 03:30 PM LOB 208
Title: establishing a committee to study landlord-tenant law and practice.
Property Owner Position: Support

HB1286 01/17/2012 at 02:15 PM LOB 201
Title: relative to the installation of sprinklers.
Property Owner Position: Support

HB1210 01/20/2012 at 08:30 AM LOB 304
Title: applying the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.
Property Owner Position: unsure of our position; we need to know more.

HB1153 01/20/2012 at 10:30 AM LOB 302
Title: relative to fire protection of floors in certain detached dwellings.
Property Owner Position: Varying view points on this. Please review and let us know your thoughts and real life experience.

HB1288 01/20/2012 at 01:15 PM LOB 304
Title: relative to protection of private property from the use of eminent domain.
Property Owner Position: Support


Talking points, contact info for legislators, much more detail below. Please email & call legislators.

Reminder: no car pool this week

We have spent a large amount of time putting together all this information, please support us, support yourself and your fellow landlords by responding to the legislators through email or phone and showing up at hearings.

Thanks again for all the efforts of our volunteers and membership

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
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Much more detail on all bills included here:
HB1565 01/10/2012 at 03:30 PM LOB 208
Title: establishing a committee to study landlord-tenant law and practice.

Summary: This bill was sponsored to assist property owners particularly relating to collecting on money owed from bad tenants. Both the House and Senate are largely republican dominated so this would likely be a conservative committee and favorable to landlords.

Property Owner Position: Support

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1565.html
Analysis Stated in Bill: This bill establishes a committee to study landlord-tenant laws and practices.

Notes: We were told by a legislator that this is intended to be a landlord friendly bill. This bill was proposed by a landlord group and it proposes to set up a study committee.

Talking Points:
Synopsis:
We recommend that this bill establish a committee (not a commission).

We recommend to amend the bill to limit its mandate to review and investigate the procedures for collection of judgments.

We also highly recommend that the bill be amended to require the committee to solicit a large involvement of input & expertise from property owners & property owner organizations.
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A Study Committee can only be made up of Legislators
A Study Commission can be made up of Legislators, business people, organizations, general public, etc.
The bill was put forward largely in an attempt to work the small claims process more to the landlords favor. The make up of such a committee would likely be Republican biased (312 Republican, 107 Democrat) and work to our favor. Many of the legislators are aware of our extreme need to have better collections on monies owed to us.
When a commission is formed relating to real estate its members consist of a landlord or a small number of landlords, Legal aid (representing tenants interests), Housing authority (section 8 & tenant biased) plus a bunch of other organizations related to housing that are mostly tenant biased. With all these others on paid time from their jobs being on the commission the landlord perspective is often squelched or just ignored and laws moved more in favor of the tenant. Worse yet, a tenant biased, commission would likely start looking into all sort of modifications to the law that would favor tenants.

For the above reasons, we are recommending that this bill establish a committee (not a commission).

We further recommend to amend the bill to limit its mandate to review and investigate the procedures for collection of judgments.

This would include judgments issued as part of an eviction, small claims, district court cases and superior court cases. Authorizing the court to issue wage garnishment orders, revocation of licenses, both drivers and professional as well as sanctions for defendants who do not notify the court or the plaintiff of their current addresses, or the ability to specify when a defendant can not be released when the defendant has, without just cause, failed to comply with a court order should be investigated. This may increase the number of people who support the bill as it will include not only landlords, but other creditors who are having trouble collecting judgments.

We also highly recommend that the bill be amended to require the committee to solicit a large involvement of input & expertise from property owners & property owner organizations.
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HB1429 01/17/2012 at 10:30 AM LOB 301
Title: enabling municipalities to adopt a property tax credit based on home renovation costs.

Summary: Allows municipalities to give property owners a one time tax credit for approved renovations or repairs. Eligible projects and the amount of the credit, $50 to $500 would be listed by the towns. This sounds good for us but would very much doubt it goes anywhere. Lots of paperwork for towns and a loss of income for the towns.

Property Owner Position: No Action

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1429.html
Analysis Stated in Bill: This bill permits municipalities to adopt a property tax credit based on home repair and renovation costs.

Talking Points:
The bill allows municipalities to adopt a $50 to $500 tax credit for renovations to the owner of residential property. (I do not know if multi-family buildings are eligible under the bill). It is a one time credit. We are guessing the idea is to give people incentive to renovate and repair homes, which in the long run increases the tax base in communities. The bill also amends the procedure for appeals to include this provision.

The bill further allows property held in trust to be eligible for the credit. Without a full reading of RSA 72, we doubt that ownership in LLC's or other entities are eligible. Since, it doesn't say anything about multi family property, we doubt multi-family properties are eligible and recommend we take any action on it.

This bill works for and against us. In the long run, as noted above, it will increase the tax base, hopefully holding down our property taxes, and improve neighborhoods where our buildings maybe located. Further, it may help reduce unemployment for the construction workers. However, we most likely are not eligible for the credit, single family houses may become more competition for our apartments.
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SB306 01/17/2012 at 01:45 PM SH 100
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

Email to Committee: bob.odell@leg.state.nh.us; jim.luther@leg.state.nh.us; dboutin1465@comcast.net; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; jim.rausch@leg.state.nh.us;
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17

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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HB1286 01/17/2012 at 02:15 PM LOB 201
Title: relative to the installation of sprinklers.

Summary: This is an amendment to the law regarding automatic suppressant or sprinkler systems. It prevents the Fire Marshal from requiring sprinklers in public buildings where there is inadequate water supply.

Property Owner Position: Support

Email to Committee: ~HousePublicWorksandHighways@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H20

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1286.html
Analysis Stated in Bill: This bill prevents the fire marshal from requiring sprinklers in a public building where there is inadequate water supply.

Talking Points:
Sprinklers are expensive and require sufficient water to be effective. If there is inadequate water, the system will not work properly although people may rely on the system to their detriment. Or the fire marshal or town may force the property owner to upgrade the water supply at the property owner’s expense. Suppose your not on town water and the well just can’t deliver the water needed.

Probably good to start setting precedent that the fire marshal’s power can be limited.

The bill adds to RSA 153:5 a line that states if the fire marshal determines there is an inadequate supply of water for a sprinkler system, he can not require such a system in a building. This is a section that authorizes rules to be made by the Fire Marshall's office.

Recommend just striking out the fire marshal determines so that it will read
if there is an inadequate supply of water for a sprinkler system….(then sprinkler system can not be required).
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HB1210 01/20/2012 at 08:30 AM LOB 304
Title: applying the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.

Property Owner Position: unsure of our position; we need to know more.

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1210.html
Analysis Stated in Bill:
This bill requires the public utilities commission to apply the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.

Talking Points:
Unsure of the implications of this bill. One of us may attend the hearing to gain a better understanding.
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HB1153 01/20/2012 at 10:30 AM LOB 302
Title: relative to fire protection of floors in certain detached dwellings.

Summary: Requires new minimum fire protection standards for floors in new const OR substantially rehabilitated one or 2 unit dwellings. Looks like this could be costly for those rehabbing properties.

Property Owner Position: Varying view points on this. Please review and let us know your thoughts and real life experience.

Email to Committee: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1153.html
Analysis Stated in Bill: This bill establishes minimum fire protection standards for floors of detached single and 2-family dwellings.

Talking Points:
This bill will require for all single family and two family dwellings built or renovated after January 1, 2013 to put 1/2 sheetrock or other fire retardant materials under the floor joints and to seal the penetrations. This is probably submitted by the fire marshal’s office since sprinklers are not going to be required in these buildings. It basically outlaws only having a suspended ceiling except for 80 square feet per story. The intention appears to prevent fires from spreading so quickly that firefighters do not have a chance to arrive and evacuate the building.

(Position 1)
I feel that we should not take a position on this bill. It effects builders and buyers of new homes and new duplexes. It does make buildings safer, and since most rooms have sheet rock ceilings in new construction, I do not feel that it adds heavily to the costs of construction. Given the safety issues involved, and that 1/2 sheet rock is said to be less expensive now than 3/8 sheetrock and is common practice, Since the only new expense is o have "all penetrations sealed with a fire rated sealant", I am not sure how much it will raise the cost of construction vs the potential loss of life. Sheet rock is also more pleasing to the eye than suspended ceilings.

(Position 2)
This has to do with requiring owners of existing (substantial renovation), and builders of single and 2 family dwellings to install fireproofing on floors. Although I am not a fire expert, this sounds like an annoying and overreaching law. It could cost a few multi family owners extra money.

We have varying view points on this. Please review and let us know your thoughts and real life experience.
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HB1288 01/20/2012 at 01:15 PM LOB 304
Title: relative to protection of private property from the use of eminent domain.

Summary: This makes changes to a public utility's ability to acquire land through the use of eminent domain. It doesn't directly affect landlord and tenant law but it appears to strengthen property owners rights somewhat.

Property Owner Position: Support

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1288.html
Analysis Stated in Bill: This bill makes changes in statutes relating to eminent domain to conform to part 1, Article 12-a of the New Hampshire constitution.

Talking Points:
The bill only deals with eminent domain actions by public utilities. It actually requires more of the utilities than current law, most of the changes appear to make sure there is more due process in the procedure. This includes notification to property owners, appointment of a guardian ad litum for residential property when the owner is unknown or uncertain. This is actually a good bill as it does add protection to property owners. (The main talking point is protection of property owners rights).

We do not think that passage of the bill will effect our memberships to any large degree as with the other bills reviewed regarding eminent domain actions by utilities, as most of our properties are not in locations where the utilities will be building new power lines.
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