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
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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.
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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.

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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.

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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.

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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
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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.
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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.
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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.

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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.

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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.
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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.
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