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
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
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
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.
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
Email to
Committee: HouseJudiciaryCommittee@leg.state.nh.us
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
Email to
Committee: HouseMunicipalandCountyGovt@leg.state.nh.us
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
Email to
Committee: HouseCommerceAndConsumerAffairs@leg.state.nh.us
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
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
Email to Committee: HouseJudiciaryCommittee@leg.state.nh.us
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.
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.
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