Monday, January 28, 2013

Legislative Update #3 - IMPORTANT LANDLORD HEARINGS THIS WEEK


Provided courtesy of the RPOA, Nick Norman Director of Legislative Affairs

As mentioned previously, we are now having a high legislative activity over the next few weeks.  We will need every one’s help and quick responses to represent property owner’s interests.
 
On Monday, Tuesday, Wednesday & Thursday of this week please email or call the committee that is hearing the bills in this weeks schedule below and give them your input.
The most important bills this week are:
HB409     01/31/2013 at 01:30 PM    LOB 208
Title: relative to the issuance of a default judgment in landlord-tenant actions.
Property Owner Position: Against

HB413     01/31/2013 at 02:00 PM    LOB 208
Title: making relinquishment or abandonment of leased premises a defense for landlords.
Property Owner Position: For


Please attend these hearings, email and call the committee.
EMAIL: HouseJudiciaryCommittee@leg.state.nh.us
See more info in Full Detail further below.


This Week's Hearings

01/29/2013 at 01:30 PM    LOB 301
HB298, Prohibit Publishing Property Tax Exemptions

Level of Response: Call & Email Legislators
Property Owner Position: Against

01/29/2013 at 01:40 PM    LOB 101
Assisted Living Facilities; Advance Payments and Security Deposits, SB60

Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

01/29/2013 at 02:30 PM    LOB 301
Raising Optional Property Tax Credit For A Totally Disabled Veteran, HB446

Level of Response: Call & Email Legislators
Property Owner Position: Limited Impact; You Decide

01/30/2013 at 09:15 AM    SH 100
Applications For Appraisers License, SB42

Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

01/30/2013 at 10:00 AM    LOB 202
HB318, Collection Of Education Tax

Level of Response: You Decide
Property Owner Position: You Decide

01/30/2013 at 10:30 AM    LOB 302
HB278, Voluntary Sprinkler Systems

Level of Response: You Decide
Property Owner Position: You Decide

01/31/2013 at 11:00 AM    LOB 301
Amends The Definition Of Residential Real Estate In An Industrial Zone, HB438

Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

01/31/2013 at 01:00 PM    LOB 306
HB377, Archeological Investigation On Private Land
Level of Response: Email & Call Legislators
Property Owner Position: For

01/31/2013 at 01:30 PM    LOB 208
Striking Default L & T Judgments, HB409

Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

01/31/2013 at 02:00 PM    LOB 208
Abandonment, HB413

Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For

Next week
None scheduled yet. Bills are being release and Scheduled quickly so stay tuned.

Full details on all bills Still Active below
Which includes Talking points, contact info & much more

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
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”

Link to each committee contact info is listed with full detail of each bill.

==============================================
Full details on all bills being heard this week:

HB298, Prohibit Publishing Property Tax Exemptions
01/29/2013 at 01:30 PM    LOB 301
Title: prohibiting the publication of the names of persons granted property tax exemptions, credits, or deferrals.

Summary: This bill prohibits publishing the names of persons granted property tax exemptions for residential real estate.

Property Owner Position: Against

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: HB298

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0298.html
Analysis Stated in Bill: This bill prohibits the publication of the names of persons receiving a property tax exemption,
credit, or deferral for their residential real estate, and adds a penalty for failure to comply.

Notes: This appears to be shifting some authority over tax collection from the local level to the state level.  Further study is required.

Talking Points:
This simple bill does exactly what its stated purpose is. It is very wrong. The granting of exemptions needs to be public in order that abuses can be found. We should oppose this bill. We want transparency in government.

=====================
SB60, Assisted Living Facilities; Advance Payments and Security Deposits
01/29/2013 at 01:40 PM    LOB 101
Title: relative to assisted living facilities and landlord tenant law.

Summary: The first part of the bill requires that security deposits paid be subject to RSA 540-A (escrowed ect). It also requires that the residential service agreement that is required before someone moves into such a facility set forth the amount and purpose of such payments. The second part of the bill amends RSA 540-1a, although the bill says RSA 540-1. This amendment would exclude as being a tenant under RSA 540, people in hospitals and residential care facilities (RSA 151) or certified by the Department of Health and Human Services.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: represcott@represcott.com; raymond.white@leg.state.nh.us; tom.deblois@leg.state.nh.us; matthew.houde@leg.state.nh.us; andy.sanborn@leg.state.nh.us;
Subject: SB60

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0060.html
Analysis Stated in Bill: This bill excludes assisted living facilities and community residences for the developmentally
disabled and chronically ill from the definition of tenant for purposes of landlord/tenant law.
This bill also requires that security deposits for assisted living facilities be subject to RSA
540-A.


Talking Points:
Does this only apply to Assisted Living Facilities?
If we have some one who requires assisted living (broad definition) living in an apartment – do these changes apply?
More analysis is needed.

=====================
HB446, Raising Optional Property Tax Credit For A Totally Disabled Veteran
01/29/2013 at 02:30 PM    LOB 301
Title: relative to the amount of the optional property tax credit for service-connected total disability.

Summary: A city or town can adopt an alternative credit of $701 to $2000 which would replace the $700 credit.

Property Owner Position: LimitedImpact; You Decide

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: HB446

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0446.html
Analysis Stated in Bill: This bill allows towns and cities to changes the amount of the optional property tax credit for
service-connected total disability from a maximum of $2000 to an amount which is one-half of
the total annual property tax bill.


Talking Points:
Under current law a veteran honorably discharged with a service related total disability or double amputee, or that person’s spouse, receives a $700 tax credit on his or her property taxes.

This bill enables municipalities to adopt an optional credit of $701 to $2000 or one half of the disabled veteran's total property tax bill.

The bill only is available to fully disabled honorably discharged veterans, who were disabled in the course of serving this country. Even if a municipality adopts the highest optional credit allowed, we do not expect the impact to be great on other taxpayers in that community. Since the people who will benefit from the bill voluntarily gave their bodies and their ability to earn a living to our country, we think we should write to the committee members supporting the bill.

=====================
SB42, Applications For Appraisers License
01/30/2013 at 09:15 AM    SH 100
Title: relative to applications for licensure by the real estate appraisers board.

Summary: Just letting you know the bill exists in case it may affect you.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0042.html
Analysis Stated in Bill: This bill requires applicants for licensure by the real estate appraisers board to have a
criminal history records check. The bill also provides for licensure by reciprocity for
applicants who are in good standing in another state.

Talking Points:
Limited Impact; You Decide
=====================
HB318, Collection Of Education Tax
01/30/2013 at 10:00 AM    LOB 202
Title: relative to collection of the education property tax and establishing a program to rebate certain excess property tax payments of eligible taxpayers.

Summary: Just letting you know the bill exists.
This bill requires more knowledge & time than we have to properly review it.  Dive in if your so inclined.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28

Email to Committee:
To: 0
Subject: HB318

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0318.html
Analysis Stated in Bill: This bill transfers the authority to collect the education property tax from the municipalities
to the department of revenue administration. The bill establishes a program for the rebate of
excess education property tax payments made by eligible taxpayers in the state. Claims for
rebates shall be made to the department of revenue administration and qualifying claims
shall be paid from the interest which accumulates on education property taxes collected by
the department.


Talking Points:
None developed so far.
=====================
HB278, Voluntary Sprinkler Systems
01/30/2013 at 10:30 AM    LOB 302
Title: relative to voluntary installation of fire suppression sprinklers.

Summary: Just letting you know the bill is here in case you want to get involved. It deals with allowing an applicant to the local land use board to offer voluntary installation of sprinkler systems.  If accepted the sprinkler system then becomes required.

Property Owner Position: You Decide

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

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB278

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0278.html
Analysis Stated in Bill: This bill authorizes an applicant to offer installation of fire suppression sprinklers as a
condition of local permit approval.


Talking Points:
None developed so far.
=====================
HB438, Amends The Definition Of Residential Real Estate In An Industrial Zone
01/31/2013 at 11:00 AM    LOB 301
Title: relative to the appraisal of residences in an industrial or commercial zone.

Summary: The bill eliminates the "no other use" restriction (for “current use” assessment) and replaces it with the requirement that the major use is for residential purposes.

Property Owner Position: LimitedImpact; You Decide

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: HB438

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0438.html
Analysis Stated in Bill: This bill provides that buildings and structures in an industrial or commercial zone whose
major use is for residential purposes shall be appraised as part of the owner’s residence.


Talking Points:
Owners of residential real estate in an industrial zone may apply each year for a special current use assessment of the real estate. The current definition only allows the current use assessment if the real estate is used as the owner's principal place of abode and no other use.

One example of how this change would work is the individual who has a home based business. Lives in the house and uses the garage or an out building to fix cars, run a plumbing business, daycare, have a home office such as an insurance salesman, lawyer, doctor.  It would help that person not be taxed at the industrial rates, if they are higher, and keep his or her home and other uses of the land.

We do not see a direct impact on us as residential landlords. The bill only applies to owner occupied structures.

Note: The effective date of the bill is April 2012.  They need to correct that.

=====================
HB377, Archeological Investigation On Private Land
01/31/2013 at 01:00 PM    LOB 306
Title: relative to archeological investigations on private or public property.

Summary: The bill simply prohibits archeological investigations on private land unless there is concrete evidence relics exist. The bill also brings in a state agency if relics are found.

Property Owner Position: For

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: HB377

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0377.html
Analysis Stated in Bill: This bill prohibits archeological investigations on properties unless the division of historical
resources determines there is concrete evidence that historic resources exist at the property.

Talking Points:
This bill protects private property rights since concrete evidence has to be found before private property is subject to an investigation.

=====================
HB409, Striking Default L & T Judgments
01/31/2013 at 01:30 PM    LOB 208
Title: relative to the issuance of a default judgment in landlord-tenant actions.

Summary: This bill establishes a procedure for the tenant to vacate a default eviction judgment (tenant did not show up for court) by simply paying rent from the time of the motion until the court decides on the motion to vacate.  The court may waive the payment required by the tenant.

Property Owner Position: Against

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB409

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0409.html
Analysis Stated in Bill: This bill requires a tenant who files a motion to vacate a default judgment to pay all rent as it
comes due pending the district court’s decision.

Talking Points:
This short bill addresses the situation when a tenant fails to either file an appearance, or misses the court date in a landlord and tenant action and then, prior to the issuance of the writ of possession files a motion to vacate the default (aka strike the default). The bill, in that situation would require the tenant to pay all rent as it becomes due between the date of the motion to vacate and the Circuit Courts decision (wrongly named district court in the bill).  There is even a provision allowing the court to waive the payment from the tenant.

As written, this bill is very problematic. First, who determines the amount of rent that should be paid?  Who is the rent paid to?  When does the tenant have to pay the rent? What if the eviction is not about rent, the tenant has paid the landlord and does not owe any rent? Finally, this bill is subject to constitutional challenge, both because it is vague and the tenant is found to owe money without the benefit of a hearing.
=====================
HB413, Abandonment
01/31/2013 at 02:00 PM    LOB 208
Title: making relinquishment or abandonment of leased premises a defense for landlords.

Summary: This bill clarifies conditions that can be used to determine the tenant has abandoned the property. Making abandonment of the premise a defense to an RSA 540-A action against the landlord.

Property Owner Position: For

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB413

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0413.html
Analysis Stated in Bill: This bill makes relinquishment or abandonment of the premises a defense for landlords in an
action under RSA 540-A.

Talking Points:
Under current law, there is no definition of abandonment. As a result, every time a tenant moves out, a landlord is always subject to a 540-A action (fining landlord) unless the tenant gives notice in writing that the tenant is fully moved out and returns possession to the landlord or the landlord goes through the eviction procedure and has the sheriff serve the writ of possession.

The first part of the bill makes it clear that if all tenants of an apartment sign a document that they relinquish possession that such action is a defense for a 540-A action.

The second part lists various factors that show a tenant has abandoned the leased premises. If a landlord can prove two of these factors, that will be a defense to a 540-A action.  These factors are subject to negotiation as we go through the legislative process.

The bill is advantageous to Landlords, Tenant and the Courts.  With a clarified standard for abandonment, Landlords will not have to spend the money or time on filing eviction actions, and the tenant will not have an unnecessary eviction on his or her record. This will also reduce the number of cases filed in the badly overburdened courts.
====================

Monday, January 21, 2013

IMPORTANT LANDLORD BILLS THIS WEEK


Provided as a courtesy for RPOA, Nick Norman Director, Legislative Affairs

As mentioned previously the legislative process started up slowly this year. That means the bills that have been delayed are now coming out and we will likely have very high legislative activity over the next few weeks. We will need every one’s help and quick responses to represent property owner's interests.

On Monday, Tuesday & Wednesday of this week please email or call the committee that is hearing the bills in this weeks schedule below and give them your input.

HEARINGS SCHEDULED THIS WEEK

The most important bill this week is:
HB188, Material Breach 7 day Notice
01/22/2013 at 10:30 AM LOB 208
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
To read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0188.html
Please attend the hearing, email and call the committee.

 01/22/2013 at 10:00 AM LOB 208
HB211, Service of Process for Commercial Properties
Level of Response: Limited Impact so contact legislators if this affects you
Property Owner Position: For
To read this bill: http://www.gencourt.state.nh.us/legislation/2013/HB0211.html


01/22/2013 at 10:00 AM LOB 301
HB176, Veterans Credit in year of purchase
Level of Response: You Decide
Property Owner Position: You Decide
To read this bill: http://www.gencourt.state.nh.us/legislation/2013/HB0176.html


01/22/2013 at 10:15 AM LOB 302
HB227, Casualty Insurance Carriers File Retention & amendments
Level of Response: You Decide
Property Owner Position: You Decide
To read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0227.html


01/22/2013 at 11:00 AM LOB 208
HB210, Condemnation and Eviction from Manufactured  Housing Parks
Level of Response: If you own or manage a Manufactured Housing Park then Attend hearings, Email & Call Legislators
Property Owner Position: For
To read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0210.html

01/23/2013 at 02:15 PM LOB 301
HB235, Enabling Counties to contract for real estate services
Level of Response: Limited Impact, You Decide
Property Owner Position: Limited Impact, You Decide
To Read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0235.html

Next week:
None scheduled yet. Bills are being release and Scheduled quickly so stay tuned.

==============================================
To find both your Representative & Senator goto
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”

Link to each committee contact info is listed with full detail of each bill.
==============================================
Full details on all bills Still Active:
HB211, Service of Process for Commercial Properties
01/22/2013 at 10:00 AM LOB 208
Title: relative to serivce of demand for rent and eviction notice.

Summary: The bill clarifies the options that a landlord of commercial property has for serving a commercial tenant with a Demand for Rent and/or Eviction Notice by adding a tenants “registered agent” as an acceptable certified mail recipient of copies of the Demand for Rent and Eviction Notice as required under RSA 540:5.

Property Owner Position: For

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB211

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0211.html
Analysis Stated in Bill: This bill provides that in the case of commercial rental property, service of process for non-resident tenants shall be by certified mail to the tenant’s registered agent, if any, or by
certified mail to the tenant’s last known legal address.

Talking Points:
A. When serving a commercial tenant with a Demand for Rent and/or Eviction notice, the landlord must serve the notice(s) at the subject property and also by certified mail to the last known legal address.

This bill simply includes a registered agent of the tenant as an acceptable addressee to send copies of the notice to by Certified Mail.

B. If a tenant were intentionally being evasive in an effort to avoid an eviction, this change would promote justice for the landlord.

=====================
HB176, Veterans Credit in year of purchase
01/22/2013 at 10:00 AM LOB 301
Title: allowing towns and cities to grant a part year eterans credit during the year of acquisition of property.

Summary: This bill enables cities and towns to adopt a policy that the real estate tax credit available to veterans will be available to the veteran in the year that the veteran purchases property in that city or town, on a pro-rata basis. This bill does not require a city or town to adopt such a policy, it only enables the municipalities to do so.

Property Owner Position: You Decide

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: HB176

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0176.html
Analysis Stated in Bill: This bill enable towns and cities to authorize the governing body to grant part year veterans’ credits to person who acquire property and are eligible for the veterans credit.

Notes: If a municipality does adopt the partial credit, the cost of the credit will be spread over the other tax payers in the community. We feel that the impact will be minimal and it has limited impact on the majority of the members. Separate from being property owners, many of us feel veterans are certainly deserving of our support.

Talking Points:
none developed so far.

=====================
HB227, Casualty Insurance Carriers File Retention & amendments
01/22/2013 at 10:15 AM LOB 302
Title: relatie to property and casualty insurance.

Summary: This bill expands the list of things that an insurance company must retain for the year of the claim and the five years thereafter to include debt and bank card information.

The second section deals with rebating commissions.

The third section adds a provision that if there is an audit regard premiums, that has to be completed within 120 days of the cancellation of the policy, and any refund due must be sent out within the 120 days. A fine of $1,000 per day can be imposed on any company that violates this provision, unless notice of a dispute is sent in 120 days.

The balance of the bill, which was proposed by the NH Dept of Insurance, is amendments to regulatory system for insurance and adjusters. The bill appears to be consumer friendly, which as buyers of insurance, landlords would want.

Property Owner Position: You Decide

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

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB227

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0227.html
Analysis Stated in Bill: This bill makes certain changes in the laws relative to property and casualty insurance.
This bill was requested by the insurance department.

Notes: This is a complicated bill that would need lots of study to respond intelligently. We feel our time is better spent on bills directly affecting our business. You decide if this affects you enough to pursue it further.

Talking Points:
none developed so far.

=====================
HB188, Material Breach 7 day Notice
01/22/2013 at 10:30 AM LOB 208
Title: decreasing the time required for eiction notice in cases where there is a material breach of the lease and requiring the tenant to meet financial obligations under the lease pending appeal.

Summary: Reducing eviction notice period from 30 days to 7 days for material breach of lease, and requiring tenants to pay all financial obligations during appeal of eviction.

1. This Bill proposes to decrease the time required for eviction notice for a material violation of the lease.

2. Requires a tenant, upon filing for an appeal to an eviction, to make weekly payments into the court of all financial obligations under the lease as they become due including: rent, utilities bills, etc.

Property Owner Position: For

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB188

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0188.html
Analysis Stated in Bill: This bill decreases the notice required for eviction based on material breach of the lease from 30 days to 7 days. The bill also requires the tenant to pay utility bills and other financial obligations due under the terms of the lease pending appeal of the eviction action.



Talking Points:
Under current law, if a tenant breaches a material term of the lease or rental agreement, to evict a tenant the landlord must serve the tenant with a 30 day eviction notice. This bill changes notice for those conditions to 7 days, same as failure to pay rent.

In addition, the bill would require tenants who appeal eviction actions, to pay all utility bills and other financial obligations as they become due either to the utility provider or into court while the appeal is pending.

Examples of Lease Term Violations: Smoking in the rented unit, permitting an unauthorized pet, permitting additional occupants to reside in the unit, failure to pay for utility charges agreed to in the lease agreement, failure to heat a living space in the winter months, opening windows in the winter time when the landlord pays for the heat, failure to cooperate with maintenance of the building, failure to keep the apartment clean to avoid insect or rodent infestation, disturbing other tenants, failure to abide by parking rules, continued abuse of an onsite dumpster, etc.

If a tenant violates one or more of the material terms of the lease, there are consequences to the property owner. Reducing the notice period from 30 days to 7 days limits the damages to the property owner for continued violation of a lease term.

If a tenant pays rent, but does not pay for utilities as required in the lease, especially heat during the winter, landlords have to either pay for the heat or risk freezing pipes. If the landlord pays for the heat, we are lending or giving free utilities to the tenants. Landlords are neither lending institutions nor private charities.

Many times an eviction for material breach of the lease is due to actions by the tenant the adversely affect other tenants. An example of this is loud parties. The delay in having to wait 30 days rather than 7 to file a writ is unfair to the other tenants, and may cause them to move. This is expensive to both the other tenants and the landlord.

Current law only requires a tenant to pay rent either into court or to the landlord, depending upon the case, during appeals. Even if the appeal is not accepted, it takes months for the appeal to become final. If the tenant pays only rent, as in current law, the landlord has no real way of forcing the tenant to pay for items such as utilities during the appeal. This can be very expensive for the landlord, and the landlord may never recover these charges.

=====================
HB210, Condemnation and Eviction from Manufactured Housing Parks
01/22/2013 at 11:00 AM LOB 208
Title: relatie to the procedure for eiction from a manufactured housing park.

Summary: 1. This Bill proposes to separate “condemnation” and “change of use” as they pertain to Evictions from manufactured housing parks.
2. This bill proposes to reduce the timeline for and termination of tenancy due to “condemnation” in a manufactured housing park from 18-Months to 60 Days.
3. Limit the number of times that a tenant in a manufactured housing park can defeat an eviction for non-payment of rent to not more than 3 times within a 12-Month Period, the same as for apartments.

Property Owner Position: For

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB210

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0210.html
Analysis Stated in Bill: This bill shortens the notice required for eviction from a manufactured housing park due to condemnation of the park. The bill also limits the number of times a tenant of the park can defeat an eviction action by paying the rent and other arrearages.



Talking Points:
1. & 2.
A. The current wording of RSA 205-A:3,4 hypothesizes that “Condemnation” and “Change of Use” deserve the same level of importance. The term “Condemn” by definition means unfit for use. Whereas “a change of use” would imply that the property owner has a higher and better use for the property. It is not logical that these two conditions should be treated equally.

B. If a property is “unfit for use” it is unreasonable and potentially unsafe to statutorily require 18-months of interim operation while the clock ticks for termination of a tenancy.

C. If a manufactured housing park were to be “condemned” by a municipality, that municipality can order, by Letter of Deficiency, a corrective action or closure on an accelerated timeline. If the corrective action is not feasible, this would place the property owner in a position of great liability as they would not be able to provide the current statutory 18-month notice to the manufactured housing park tenants.

3.
D. The statute for termination of tenancy for Landlord/Tenant’s provides that a tenant cannot cure an eviction for non-payment of rent more than the 3 times within a 12-month period RSA 540:9. This language is not currently present in RSA 205, the Manufactured Housing Park statute leaving no limit to the number of times a landlord of a Manufactured Housing Park would potentially have to run through the eviction process on a chronically late payer. This provision puts the Manufactured Housing Park owner in the same position as the apartment landlord in being able to evict someone who just does not pay bills on time.

Termination of a residential tenancy for non-payment of rent is a 7-day notice.

Termination of tenancy from a manufactured housing park for non-payment of rent is a 30-day notice. This increased notice period takes into account the increased investment that a manufactured housing owner has in their dwelling.

E. This bill simply proposes that the same language that governs landlord/tenant actions be extended to manufacture housing park owners.

Friday, January 18, 2013

Ask N.H. State Reps. to Support E-Verify Legislation

Ask N.H. State Reps. to Support E-Verify Legislation
On Tuesday, Jan. 22nd the New Hampshire House Labor Committee will hold a hearing on HB 249, a bill to require the state, its local governments and public contractors to use E-Verify. The bill is sponsored by Rep. Joe Duarte of Candia. Please call and email all committee members and ask them to vote yes on HB 249.

Here is a sample message:
Please vote yes on HB 249 in the Labor Committee on Jan. 22nd. Unemployed citizens should not have to compete with illegal immigrants for taxpayer-funded jobs. Requiring public employers and their contractors to use the federal E-Verify system will ensure that new hires are eligible to work in the U.S.

Chairman - Andrew White - (603) 448-2977 -andrew.white@leg.state.nh.us
V. Chairman - Sally Kelly - (603) 798-5806 - sally.kelly@leg.state.nh.us
Charles Weed - (603) 352-8309 - cweed@keene.edu
Gary Coulombe - (603) 723-0102 - berlinrep1@gmail.com
Christopher Andrews - (603) 848-7707 - chris.andrews@leg.state.nh.us
William Infantine - (603) 622-3325 - Repinfantine@gmail.com
Herbert Richardson - (603)788-2442 - honhdr@yahoo.com
Tony Pellegrino - (603) 424-7095 - anthony.pellegrino@leg.state.nh.us
John Sedensky - (603) 329-4343 - sedenskyjb@comcast.net
Jack Flanagan - (603) 620-9750 - jack.flanagan@leg.state.nh.us
Richard Burchell - (603) 364-2668
J. Tracy Emerick - (603) 926-8316 - tracy.emerick@leg.state.nh.us
Kevin St.James - (603) 642-3671 - kevin.stjames@leg.state.nh.us
To email all committee members at once, useHouseLaborIndustrialandRehabilitativeServices@leg.state.nh.us

Thursday, January 17, 2013

Legislative Update - Drug Testing for TANF Applicants


Legislative Update - Drug Testing for TANF Applicants

Next Hearing: 01/22/2013 at 01:00 PM    LOB 205


HOUSE BILL 121-FN
AN ACT requiring drug testing of applicants for Temporary Assistance to Needy Families (TANF).

SPONSORS: 
Rep. Donald LeBrun 
Rep. Jeanine Notter 
Email the Committee: HHSEA@leg.state.nh.us




ANALYSIS
This bill requires the department of health and human services to implement a drug testing program for applicants of Temporary Assistance to Needy Families (TANF). The text of the bill is located at the following link:

http://www.gencourt.state.nh.us/legislation/2013/HB0121.html

Monday, January 14, 2013

IMPORTANT! Landlord bill hearing on Tuesday Jan 15th


2013 Legislative Update #1
Provided as a courtesy to our members from Nick Norman, Director RPOA, Legislative Affairs
    _________________________________________________________
Landlord bill hearing on Tuesday Jan 15th

NOTE: THIS IS AN IMPORTANT BILL FOR LANDLORDS!!
We need you to attend; more landlord bills on the way

Howdee everyone,

The 2013 legislative season has begun and started with 820 LSR’s (proposed bills).

The legislative offices have been slow this year to get bills converted from LSR (proposal) to actual bill language. Of the 47 LSRs we have already identified as potentially affecting our real estate business only 9 have actual bill text so far. Being we’re at mid January this seems very slow. (5 were withdrawn).

What that means is we are likely to be flooded with the newly released bills over the next few days. So please get ready to be active emailing and calling your legislators. It might be challenging at first to keep up with the volume.

This week:
HB106: Lease Charges In Demand For Rent, Eviction Liquidated Damages, Agent Registration
DATE  & TIME: 01/15/2013 at 01:00 PM
Location: Legislative Office Building (LOB) RM 208

Please email, call legislators and attend the hearing to support the bill. See more detail below.

SPONSORS:
Mark Warden
Phone: 603-391-2888

Joseph Pitre
Phone: (603)755-2447
Emailjoseph.pitre@leg.state.nh.us

Donald Lebrun
Phone: (603)886-1725
Emaildonald.lebrun@leg.state.nh.us

Laura Jones
Phone: (603)948-2264
Emaillaurajonesnh@gmail.com

AnchorEmail the Judiciary COMMITTEE: HouseJudiciaryCommittee@leg.state.nh.us

Next week:
Still waiting for bills to be released and scheduled.

Full details on HB106


Love & Light,
Nick Norman
RPOA Director of Legislative Affairs

==============================================
Full detail on HB106
Bill Name: Lease Charges In Demand For Rent~Eviction Liquidated Damages ~ Agent Registration
Property Owners Position: FOR
Level of Response: Email, Call Legislators, Attend hearing

Summary:
1. Allow Demand For Rent to include any unpaid financial obligation per the lease agreement
2. Increase Eviction Liquidated Damages from $15 to $160
3. Repeal town landlord-agent registration

Landlord Talking Points:
1. Presently a landlord can only include in a Demand for Rent that is due. No other charges can be included in the amount demanded. If the tenant owes, pursuant to the lease, late fees, utility bills, a fee for a bounced check, reimbursement for damages, the landlord cannot include these in the amount demanded. If the tenant pays the amount stated in the Demand for Rent plus, under current law $15.00, the tenant will defeat the eviction action and be allowed to stay even though the tenant has not paid their other financial obligations per the lease.

One dollar of rent is the same as one dollar of a utility payment to a landlord. Why should non-payment of “rent” be treated different than non-payment of any other financial obligation of the tenant?

The Lease Agreement clearly identifies the amount of the rent, late fees, utility charges, etc. Failure of the tenant to pay any one or all of these items results in a financial loss to the landlord.

If a tenant pays their rent and does not pay for their heat, electricity, water… Is justice served?

This is further confused by attempting to separate 7 day notice requirements and 30 day notice requirements.
Under current law a landlord must give a tenant 30 days notice for a breach of a material term of the lease, such as non-payment of utilities.

To evict for both non-payment of rent and utilities a landlord either has to serve a 30 day notice at the same time as the 7 days notice, or serve the 30 days notice just after the tenant pays all arrears within the 7 day period. This is expensive and totally confusing.

This is even worse in the case of a tenant who has agreed to pay their own heat & electric but is not doing so. If it is winter, the landlord may have to pay the tenant’s electric and heat just to keep the property from freezing.
The required 30 day eviction (for non-payment of utilities) would not force the tenant to pay up until probably 9 to 12 weeks (if the tenant requests a court hearing).

How much simpler is this?
If HB 106 becomes law, a landlord can demand all charges owed by a tenant, that the tenant agreed to pay when entering into the lease agreement, on a single 7 day Eviction.



2.The $15 fee for service of the Eviction Notice has not changed since at least 1985, 28 years ago. The actual costs of preparing the document, even using the forms on the internet, and serving the forms including travel, far exceeds the $15. (Our time is valuable and we deserve to be paid for this if we do not hire others to prepare the forms for us and serve them.)

Further, if a landlord does not hire an attorney and does not account for their time , the cost of filing a landlord-tenant writ at the district court is $101 and the cost to have the Sheriff serve the notice is typically around $60 (Sheriff fees are variable based on the number of names served and the travel time from the Sheriff’s office). $160 is a minimum number that would cover out of pocket expenses for a typical eviction.

3.The third provision of the bill would simply eliminate the requirement that owners of restricted residential property register with the city or town clerks, naming a person for service of process.

Obviously the towns already know who to serve because they bill us for the property taxes.

Further, RSA 540:1-b is unnecessary because all real estate transfers in the State of NH are reported to the State and the municipalities have access to this information. If they can collect taxes than they should be able to serve legal notices. If they cannot collect taxes, than they have the power to lien the property…

The record keeping for RSA 540:1-b is cumbersome & useless for the local towns and we have heard representatives from town governments saying they don’t want it.
=====================


Tuesday, January 8, 2013

Free Bed Bug Seminar for Landlords


Take the Bite out of Bed Bugs

Landlord Seminar

Bed Bugs are back in a big way, and the web is full of misinformation on what to do when they invade your life. NH property owners are finding out the hard way that these pesky critters are expensive and difficult to eradicate. Have no fear, help is here!

The Manchester Bed Bug Action Committee is pleased to offer a series of seminars aimed at helping the NH property owner to deal with bed bugs at all stages of infestation.

The Manchester Bed Bug Action Committee is pleased to offer a series of seminars aimed at helping the NH property owner to deal with bed bugs at all stages of infestation.
  • Bed Bug Behavior and Identification
  • How to Protect YOUR Property Against Infestation
  • Preparation and Monitoring
  • Treatment Options
  • Tenant Relations and Responsibility
  • Bust the Myths and Discover What Really Works
  • Q&A

This is a FREE seminar and all property owner and property managers are encouraged to attend. Space is limited. Please RSVP by 2/1/2013 to cschleyer@elmgrovecompanies.com
_______________________________________________________________________

When: February 19, 2013 from 6pm – 8pm 
Where: Manchester Health Department - 1528 Elm Street, Manchester NH. 
Contact: Chris Schleyer - Elm Grove Companies - 603-821-0077
___________________________________________________________________________________

Presented by: nhbedbugs, Atlantic Pest Solutions, Elm Grove Companies, and JP Pest Services

Saturday, January 5, 2013

Money for lead removal available in Manchester


From Manchester Union Leader

MARK HAYWARD
New Hampshire Union Leader

MANCHESTER - A $3.9 million government program that provides no-interest, no-payment loans to remove lead hazards from Manchester apartment buildings is getting few takers, but city officials say they are confident the program will increase in popularity, after changes went into effect last summer.


At the end of December, the city was half-way through the 42-month timeline established by the U.S. Department of Housing and Urban Development grant.

While city officials hope the grant will finance the elimination of lead dangers in 250 apartments by its August 2014 expiration date, only 78 apartments had been cleared as of Dec. 31.

"At this point, we'd like to have more applicants in the pipeline," said Todd Fleming, a senior planner with the city. But he said the city is on track and meeting benchmarks of the grant.

Lead can cause neurological damage in children, leading to learning disabilities, behavioral problems and even death. As of this month, state health officials have identified 84 apartments that are under order in the city, meaning that children living in the apartment were found to have high lead levels and the landlord has been ordered to remove or isolate the lead hazard.

The program offers financing of up to $15,000 to clear or abate lead from an individual apartment. The loan comes with 0 percent interest, and it only has to be repaid when the property is sold. The landlord must come up with a 10 percent match for the project.

A landlord told the New Hampshire Union Leader that she has twice tried to qualify for the loan, only to have her application fall apart.

"The guidelines are so strict," said the owner, who did not want to be named, fearing it will hurt prospects for a future grant.

The first time the landlord applied, one tenant exceeded the income limits for tenants - $60,800 for a family of four - that the program sets. The second time, the project costs exceeded the maximum loan by $20,000, thanks in part to federal regulations that govern the project. For example, the regulations prevented the use of inexpensive replacement windows and required the restoration of the windows in the three-family building, she said.

"I don't have the money. I am trying to survive and hold on to the building," the landlord said. In the meantime, investors with deep pockets have received lead hazard loans and used the funds to rehab empty buildings, the landlord said.

Fleming said some investors have received financing; the program sets no limitation on the income of the landlord, only the tenants.

"HUD's viewpoint on this program is they want to get lead out of housing units," Fleming said. "Their objective is to benefit low and moderate income households, the families occupying the apartments."

He said the program also requires that properly licensed contractors do the work, which can affect the cost. But most projects draw bids from five to seven contractors.

He said federal funds do come with strings. For example, replacement windows may run afoul of historic preservation efforts in some buildings, but that doesn't happen often.

"It is a federally funded program. There are rules we have to follow, but we attempt to streamline the process as much as we can," Fleming said. 

The grant is the third for Manchester to remove lead for apartments. Earlier grants in 2003 and 2006 totaled $2.64 million and resulted in lead hazard reductions in 378 city apartments.

Last March, both the city of Nashua and the New Hampshire Housing Finance Authority received a $2.48 million grant for lead abatement. The Housing Finance Authority program has slightly different terms - landlords can only receive up to $12,500, but it never has to be repaid.

Typical lead abatement work involves window and door replacements, scraping and painting of hazardous surfaces, vinyl siding and replacement of stair treads and rizers.

The city says benefits of lead-hazard reduction include a lead-safe environment, lower energy costs, reduced liability and improved property value.

With the program under the city's control, Fleming said a push is under way to market the program.

He said the city took over the program in July, after a contract ended with a consultant who had been doing the work. The city hired a program manager, a clerk of the works and an administrative support person. 

"We thought by bringing it in-house there would be more oversight and more cost efficiency," he said. 

Friday, January 4, 2013

The Town of Durham is on the verge of passing a “NEW” Housing Standards Ordinance.


Its important to also pay attention to local legislative action. For more information, please contact Tom Toye at 603-413-6175

The town of Durham is on the verge of passing a COC like ordinance.  Currently Manchester is the only NH town or city that has this.

A very short version is that apartments will be forced to have a recurring inspection that the property owner has to pay for and which will likely trigger many repairs some of which some could be quite costly.  If Durham gets it then it will be more and more likely that it will eventually come to your town too.

The Town of Durham is presently scheduled to hold a public hearing on this ordinance at its regular Council meeting at 7 PM, Monday, January 7, 2013.  We very strongly recommend that each and every one of you speak at this meeting.  If you cannot attend, then please write a letter to Mr. Todd Selig, Town Manager, 15 Newmarket Road, Durham, NH  03824 or E-mail to tselig@ci.durham.nh.us.

Thank you for your attention to this important topic.  We recommend that you forward this letter to other landlords as well as owners of fraternities/sororities and/or the UNH Inter-fraternity and Panhellenic Councils. The managers of the DLA will be discussing this ordinance at our January meeting. 

Here's a copy of the letter from Tom Richardson, Chair of the Durham Landlords Association

Dear Members of the Durham Landlords Association and other non-member residential Durham landlords,

The Town of Durham is on the verge of passing a “NEW” Housing Standards Ordinance.


 The purpose of the ordinance is to protect the health and safety of occupants of residential rental properties in Durham, a program that seeks to correct dilapidation, dangerous defects which are likely to result in fire, accidents or other calamities, unhealthful lack of ventilation or sanitary facilities or due to other unhealthy or hazardous or dilapidated conditions. In addition, the ordinance will not only mandate safety inspections of ALL apartments in Durham, it will also pass on the FULL COST OF A NEW FIRE INSPECTOR and a DEDICATED PART-TIME ADMINISTRATOR to the owners of the inspected properties.  Although this ordinance is intended to address concerns with apartments and rental houses that are NOT professionally managed, it will impact all residential landlords (large, small, professional, non-professional) as well as owners of fraternities and sororities. For further clarification of this new ordinance, please contact Mr. Todd Selig, Town Manager, 15 Newmarket Road, Durham, NH  03824 or E-mail Todd at tselig@ci.durham.nh.us.

According to section IV. B of the ordinance, the inspection is for residential rental property owners but shall not include the owners of dormitories at UNH, hotels, inns or bed and breakfasts, but does include the owners of fraternities and sororities.  Under this ordinance, the Durham Fire Chief or designee has the responsibility to investigate the dwelling conditions in the municipality in order to determine which dwellings therein are unfit for human habitation. The Fire Chief/designee may determine that a dwelling is unfit for human habitation if it is found that conditions exist in such dwelling which are dangerous or injurious to the health and safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of such municipality.

Under the ordinance, all owners of residential rental property in Durham shall identify their rental property and request an inspection in writing from the Fire Department of all of their residential rental properties and dwelling units within 60 days of adoption of this ordinance. Any residential rental property owner who fails to request the inspection within the specified timeframe will be fined $1,000. The residential property owner will be responsible for paying an inspection fee as well as re-inspection fees and non-complaint fines. It appears that for a typical accessory apartment in a home, the inspection fee will be a $130 base fee plus $25 for the apartment plus $25 for the owner-occupied portion of the home for a total inspection fee of $180.  Any violations would result in a re-inspection fee and possibly daily non-compliant fines.  For the larger properties in Durham, the inspection fee could be anywhere from a few hundred to a few thousand dollars, i.e. a 26-unit apartment building would have an inspection fee of $780!

Durham residential landlords pay exorbitant property taxes. Many have the added burden of providing trash removal service and private security service to police their property. The addition of an inspection fee is illogical and biased.  The Town of Durham wants to conduct legitimate health and safety inspections and has every legal right to do so. However, it is illegal to target only residential landlords and to apply the proposed costs, which burdens these businesses even further. Why is this not a health and safety ordinance versus targeting residential rental properties? The business of a residential landlord is no different than any other business in regards to taxation and fees, so why not include hair and nail salons, restaurants, food stores, etc. in the inspection process?  Perhaps every business in Durham, including homes that are listed as the legal address for any business, should also fall under this inspection process and taxation.

Tom Richardson,
Chair, Durham Landlords Association
With the assistance of members Janice Aviza and Carolyn Ricker

Thursday, January 3, 2013

Save $50 on Lead Safety Training


Register by January 15th for any EPA/HUD Lead-Safety RRP training taking place prior to March 1st and take $50 off the training price. For a schedule of current classes click here.

Lead-Edu is one of the leading authorities in New England on Lead-Paint Safety, Lead-Poisoning Prevention, Education & Training. We are certified nationwide to offer the combined EPA/HUD Lead-Safety RRP Training required for all renovators, contractors, painters and landlords working on pre-1978 housing or child occupied facilities.

In addition, Lead-Edu has recently partnered with the Home Builders & Renovators Association of NH | Construction Institute of NH to offer a wide variety of education and training programs for both the general public as well as the construction industry.  
Details at our website, http://lead-edu.info/.

Contact Information: 
251 Pine St.
Manchester, NH 03103
603 203-6430 (cell)
K.Kirkwood Consulting, LLC
New England Health and Housing Lead-Edu