Sunday, February 24, 2013

Legislative Update, 2013 #07== Some wins this week; Important landlord bills go to house vote


Provided by Nick Norman, RPOA Director of Legislative Affairs
=======
Howdee everyone,

Lets get right to it.

Important Bills with Updated Status:HB482, The Bedbug Bill
Property Owner Position: For
Passed the entire house (This is a win for us). It will go to the Senate next.

HB413, Abandonment
Property Owner Position: For
This bill almost died. Thanks to Subcommittee Chair Representative David Woodbury there is an amendment that saved the bill. The bill as amended passed the full committee and is being sent on to the entire house.
OUGHT TO PASS WITH AMENDMENT Vote 19-0.
Amendment attached.
See report in Bills Updated Status summary.
(This is a win for us).

HB409, Striking Default L & T Judgments
Property Owner Position: Against, (would have changed to For if our amendment was accepted)
This bill started out needing considerable work and we were against it. Working with the sponsor we attempted to rework this bill in our favor & negotiated heavily with NHLA to find a method for discouraging “frivolous” motions to strike default by the tenant. In the end we could not get a method to make this bill work. Subcommittee and full committee voted INEXPEDIENT TO LEGISLATE 15-4.
See report in Bills Updated Status summary.

Bills with full committee vote coming up:Executive Session: 02/26/2013 1:30 PM LOB 306
HB463, Certification Of Property Managers
Property Owner Position: Against


Many other bills have an updated status. See Bills Updated Status summary immediately below this email.
Note: HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
(Some of our members are against this bill).
General Status: In the HOUSE
House Status: REPORT FILED
MAJORITY: OUGHT TO PASS, Vote 10-7

(to jump right to bill summaries & detail, use Control-F, Find).

Please email or call your Senator, Representative to give them your input on the bills still active & ask your legislator to vote in our favor.
To find both your Representative & Senator go to
http://www.gencourt.state.nh.us/house/members/wml.aspx


This week:02/26/2013 at 02:30 PM LOB 304
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Level of Response: You Decide
Property Owner Position: You Decide
We spoke to the sponsor of the bill and have an updated summary. This could be important for NH business. See detail below.

Next week:None scheduled so far

I am working on an option to give an early alert email that just contains the schedule of these bills. If you would like the advance schedule notice please contact me directly and I will add you to the list. (The legislative schedule is only active from beginning of year through mid spring).

Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Bills Updated Status summary:We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. Its not terribly hard to get but not straight ahead either.

HB118,
Property Owner Position: For
General Status: In the HOUSE
House Status: REPORT FILED

HB298, Prohibit Publishing Property Tax Exemptions
Property Owner Position: Against
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE

HB446, Raising Optional Property Tax Credit For A Totally Disabled Veteran
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE

HB278, Voluntary Sprinkler Systems
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: RECOMMIT

HB318, Collection Of Education Tax
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE

HB438, Amends The Definition Of Residential Real Estate In An Industrial Zone
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE

HB377, Archeological Investigation On Private Land
Property Owner Position: For
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE

HB409, Striking Default L & T Judgments
Property Owner Position: Against
General Status: In the HOUSE
House Status: REPORT FILED
HB 409, relative to the issuance of a default judgment in landlord-tenant actions. INEXPEDIENT TO
LEGISLATE.
Rep. Paul S Berch for Judiciary: Current law allows a tenant to ask the court to vacate a default judgment
for good cause shown. This bill would require the tenant to pay all rent as due between date of motion to
vacate and the decision by the court.
The committee felt the bill lacked proper standards, did not define the amount of rent that would need to be
paid nor gave the tenant a chance to contest that amount, and did not say to whom and when rent should
be paid.
The committee felt there were due process problems with this bill. Vote 15-4.

HB413, Abandonment
Property Owner Position: For
General Status: In the HOUSE
House Status: REPORT FILED
HB 413, making relinquishment or abandonment of leased premises a defense for landlords. OUGHT TO
PASS WITH AMENDMENT.
Rep. David Woodbury for Judiciary: This bill as amended gives landlords an alternative to an unnecessary
eviction procedure when a tenant relinquishes or abandons a leased premise. If the circumstances of a tenant’s
departure meet the requirements of this bill, a landlord has a defense to a lawsuit for an illegal eviction
if such should be filed by the tenant at a later date. Vote 19-0.

HB464, Removal Of Condominium Board Members
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: REPORT FILED

HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: REPORT FILED
MAJORITY: OUGHT TO PASS. MINORITY:
INEXPEDIENT TO LEGISLATE.
Rep. Edward A Butler for the Majority of Commerce and Consumer Affairs: This bill simply closes a loophole
currently being used by some landlords to continue to keep those living in rooming houses from becoming tenants. RSA 540:1-a, IV(a) as it exists states that there is an exemption from tenancy rights for “Rooms in rooming or boarding houses which are rented to transient guests for fewer than 90 consecutive days.” Some
landlords have been skirting this simply stated expectation by moving rooming house guests to another room
before their 90 days expires, effectively preventing them from becoming tenants. The majority believes that
it is only right to reinforce the 90 day limitation, to prevent skirting the law, and to allow those living in
rooming houses to become tenants, with the rights and responsibilities associated with that status, after 90
days of consecutive residency. Vote 10-7.
Rep. Laura M Jones for the Minority of Commerce and Consumer Affairs: The minority agrees with the majority
that this bill was introduced with good intentions, to improve living conditions for occupants of rooming
houses. Currently, occupants can be moved to another room, within the same rooming house, before 90 days
have passed, in order to avoid tenancy status. Why would rooming house landlords want their occupants
to be exempt from the definition of tenancy? According to one landlord who testified, many occupants have
criminal records and/or behavior problems, or they are on a “bad tenants” list and other landlords will not rent
to them. In other words, they are the type of occupants that a landlord would prefer to be able to “lock-out,”
should a problem arise, instead of going through the standard, time-consuming eviction process for evicting
a “tenant.” This landlord testified that if this legislation becomes law, he will sell his two rooming houses.
He said that being a rooming house landlord will not be worth the trouble. According to a report emailed to
the committee, by the Economic Justice Project Coordinator of the American Friends Service Committee, and
published by Housing Action NH, there is a shortage of 24,000 rental units in the very low income category.
Losing more of these units will cause a hardship since without this option; many occupants could end up in
homeless shelters at taxpayer expense. Another unintended consequence, caused by this legislation, may be that more occupants will be “locked-out”
just before the 90 day time period has passed. This will be very inconvenient for occupants because they will
have to move and find another rooming house that will rent to them. Even though advocates for rooming
house occupants, who testified before the committee, do not believe this legislation will have a detrimental
effect, the minority believes that this legislation may reduce the supply of affordable housing and inconvenience
occupants.

HB543, Ascertaining Damages To Abutting Landowners
Property Owner Position: For
General Status: In the HOUSE
House Status: PASSED / ADOPTED WITH AMENDMENT

HB482, The Bedbug Bill
Property Owner Position: For
General Status: In the HOUSE
House Status: PASSED / ADOPTED

HB669, Taxation Of Current Use Land
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: REPORT FILED

HB463, Certification Of Property Managers
Property Owner Position: Against
General Status: In the HOUSE
==============================================
Full details on all bills above:HB118,
01/15/2013 at 11:00 AM LOB 208
Title: providing legal immunity for 911 calls for drug or alcohol related emergencies.

Summary: None developed.

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: HB118

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0118.html
Analysis Stated in Bill:

Notes: from David Cline; This bill gives civil and criminal immunity to any person who in good faith places a 911 call to report " a suspected drug or alcohol related emergency" This maybe a bill we want to support. Tenant do stupid things, and if we, as the landlord either have another tenant call 911, or one of us calls 911, to report a drug or alcohol emergency, it would be nice to have some immunity. Joel Winters is a sponsor. The trouble is that it is scheduled for 11:00 and I can not be there that early.
Recommend we support the bill, even by emails after the hearing.

Talking Points: none developed
=====================
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.
=====================
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.
=====================
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.
=====================
HB318, Collection Of Education Tax
01/31/2013 at 11:00 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.
=====================
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.
=====================
HB464, Removal Of Condominium Board Members
02/05/2013 at 11:00 AM LOB 302
Title: establishing a procedure for removal of condominium board members.

Summary: Establishing a procedure for removal of condominium board members

Property Owner Position: LimitedImpact; 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: HB464

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0464.html
Analysis Stated in Bill: This bill establishes a procedure for removal of a condominium board member by a vote of the unit owners’ association.

Talking Points:
Not sure why the government has effect over what a condo association can and cannot do.
=====================
HB472, Definition Of Tenancy In Rooming Houses
02/05/2013 at 11:30 AM LOB 302
Title: relative to residential units in rooming houses.

Summary: Presently RSA 540 is excluded from tenants in a rooming house where the tenant stays fewer than 90 days.

This bill changes the exclusion by adding:
For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, the 90-day period for computing consecutive days of occupancy shall not be broken.”

Property Owner Position: LimitedImpact; 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: HB472

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0472.html
Analysis Stated in Bill: This bill clarifies that the exclusion of rooming houses from the definition of tenancy cannot be extended by directing the occupant to move from one room to another within the 90-day exemption period.

Talking Points:
Note that since it is not directly addressed in the bill, it can be argued, that if the guest requests a room change, then the 90 days is broken, since, if the bill passes, the legislature had the opportunity to address this and did not.

If the guest stays 90 days or more, RSA 540 would apply, and the guest would have to be evicted, because at that point the guest now becomes a tenant. Within less than 90 days the owner should have some knowledge if the guest is a problem, and should ask the guest to leave to avoid invoking RSA 540 rights.

Since the consequences to the owner of this bill are not that great we think that opposing the bill would make us look bad to the legislature.
=====================
HB543, Ascertaining Damages To Abutting Landowners
02/07/2013 at 01:30 PM LOB 208
Title: relative to ascertaining damages to abutting landowners.

Summary: This bill addresses work being done by a town (what about cities or the state?) in repairing a highway by either raising or lowering the grade, installing ditches or culverts or altering such where the abutting landowner sustains damage.

The bill specifies a notice procedure to the abutters before commencing work.

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: HB543

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0543.html
Analysis Stated in Bill: This bill establishes a procedure for ascertaining damages to private land when a highway is maintained or repaired in a manner that changes the grade or drainage of the property, including changes in drainage structures such as culverts or ditches.

Talking Points:
The bill is a substantial change from current law in specifying a notice procedure to the abutters before the work is to be commenced, except in emergency procedures, and allowing the abutter to challenge the work. Notice is required 30 days before the work is to be commenced and at least 15 days before the work when the abutter can be heard by the selectmen. This is not required if all the work is being done within the highway right of way.

If the owner is not satisfied with the decision of the selectmen, the owner then has the right to appeal to the superior court.

For those of us with property in downtown locations this bill will not have any major impact on us. For anyone with property in more rural locations, this bill may help as it is much clearer than existing law.
=====================
HB482, The Bedbug Bill
02/07/2013 at 02:30 PM LOB 208
Title: regarding infestation of bed bugs in rental housing.

Summary: This is a good bill because it puts some of the burden of infestation back to the tenant. It allows landlords to evict based on non-payment if the tenant does not pay for extermination if it is determined that the tenant brought them in.

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: HB482

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0482.html
Analysis Stated in Bill: This bill addresses landlord, tenant, and municipality responsibility for bed bug infestations.

Talking Points:
This is one of the most complicated bills that will have a very direct impact on both landlords and tenants.

The first paragraph of the bill, the declaration of purpose, if the bill passes, is a declaration by the legislature that reasonable measures need to be taken to promote prompt and effective mediation of bedbug infestation. This declaration can open the door to lawsuits for failure to take such actions. It is a statement to everyone not to ignore the problem.

The second and third paragraph of the bill incorporates into the state housing code that not taking measures to remediate a bedbug infestation will be a violation of the minimum standards for housing in the state. Communities can enact their own more stringent codes. This section gives building inspectors the power to deal with bedbug infestations the same powers they have to deal with other infestations.

The fourth paragraph, by amending RSA 540-A, WILL ALLOW LANDLORDS TO ENTER APARTMENTS WITHOUT TENANT CONSENT OR NOTICE to formulate a plan or engage in emergency remediation of rodents or insects, including bedbugs, so long as the entry took place within 72 hours of the landlord first receiving notice of the infestation. This paragraph is a major benefit to landlords to start dealing with the problem promptly. If it takes longer than the 72 hours, the current law applies, the landlord must give the tenant reasonable notice under the circumstances and a tenant is barred from prohibiting the landlord from entering.

The fifth paragraph of the bill makes it a violation of RSA 540-A for a landlord willfully, that means the landlord intended, not to investigate a complaint within 7 days and to take reasonable measures to remediate an infestation.

The fifth paragraph also makes it a violation of RSA 540-A for:
the tenant to refuse the landlord access to his or her apartment to make emergency repairs;
the tenant to refuse the landlord to evaluate if bedbugs are present if the landlord received a complaint about an adjacent unit as long as the landlord gave 48 hours notice;
the tenant to willfully fail to comply with written instructions from the landlord or pest control operator to remediate so long as the instructions were given to an adult, someone 18 years or older, and the tenant was given a reasonable opportunity to comply of not less than 72 hours.

This section of the bill makes it clear that a landlord may only enter without the consent of the tenant to make emergency repairs or with a court order.

Paragraph 6 defines infestation of bedbugs as any bedbugs in rented residential property, and remediation as any treatment that substantially reduces the presence of bedbugs for 60 days. NOTE landlords are not required to use a licensed exterminator nor totally eradicate the insects, as this can be very difficult and expensive. These definitions will be in RSA 540 and not in RSA 540-A, although I expect the courts will use these definitions when reading RSA 540-A

Paragraph 6 also makes the landlord responsible for the cost of remediation in the first instance. The landlord can bill the tenant for the cost if the landlord believes the tenant is responsible for the infestation. If the tenant does not pay the landlord within 30 days or enter into an agreement to repay the landlord, such becomes a ground for eviction for non-payment of rent (A seven day notice and a demand for rent is required)

If the landlord tries to evict the tenant or seek damages for the infestation, the landlord bears the burden of proof (by the preponderance of evidence) that the tenant was responsible for infestation and the landlord offered the tenant the opportunity to enter into a payment plan.

However, the bill gives the landlord a rebuttable presumption that if there were no reports of bedbugs in the tenants unit or directly adjacent units or units directly above or below within 6 months then the tenant was responsible for the infestation. Paragraph 6 then goes on to give courts guidance to be used in determining if the tenant was responsible for the infestation or the bedbugs came from another unit or were in the unit at the time the tenant took possession of the apartment or single family house.

Paragraph 7 of the bill adds a new ground for eviction, but on a 30 days notice. That ground is willful failure of the tenant to prepare a unit for remediation after the tenant was given reasonable notice. Keep in mind that although this paragraph requires a 30 days notice, the landlord can seek a court order as noted above pursuant to RSA 540-A. Those orders can be obtained fairly quickly.

Paragraph 7 also makes it clear that the $1,000 fine for the initial violation and the $1,000 per day fine for a violation after a court order set forth in RSA 540-A is issued does not apply when dealing with infestations.

We support this bill. It is a balance between the interests of society, the landlords and the tenants. As landlords we now have a clearly defined responsibility to remediate the bedbugs, but we have the ability to seek financial reimbursement from a tenant who brought the problem into our building. We also gain the ablity to have the courts order the irresponsible tenants to join in the remediation effort or face contempt and/or eviction. The tenants will have means to force the landlords who do not maintain their buildings, the irresponsible landlord, to remediate.

We also support this bill because I fear that someone will propose, if this does not pass, a bill that would not be as balanced, and the landlord would be responsible not only for remediation but all the costs of such. Further, such a bill may not include as a ground for eviction failure of a tenant to cooperate in the remediation effort. WE COULD DO A LOT WORSE AND LET'S NOT TAKE THAT RISK.
=====================
HB669, Taxation Of Current Use Land
02/12/2013 at 01:30 PM LOB 303
Title: relative to nonpayment of property taxes on current use land.

Summary: This bill would make non-payment of current use taxes a change of use.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H06

Email to Committee:
To: 0
Subject: HB669

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0669.html
Analysis Stated in Bill: This bill provides that the nonpayment of property taxes on land assessed under current use within 120 days of the due date shall result in the property considered to be changed in use and assessed the land use change tax.

Talking Points:
Current law allows open space real estate (used for farming or forestry) to be taxed on its current use rather than its appraised or market value. If the property loses its status as current use, the property is then taxed on its market value and there is a penalty tax to be paid.

This bill provided that if an owner, except for owners of working farms, fails to pay real estate taxes within 120 days of due date, the property will lose its current use status. An owner can reapply for that status once all taxes are paid.
=====================
HB463, Certification Of Property Managers
02/19/2013 at 10:30 AM LOB 306
Title: requiring property managers to be certified.

Summary: This bill requires that a person employed by an association of unit owners, basically a condo association, be currently certified by the Community Associations Institute. If such a person is not certified, that person is guilty of a violation, meaning that person can be fined in criminal court.

Property Owner Position: Against

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: HB463

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0463.html
Analysis Stated in Bill: This bill requires property managers for associations of unit owners of real property to be certified as qualified by the national Community Associations Institute.

Talking Points:
The bill does not directly impact landlords, but if condo managers have to be certified, will the state require property managers to be certified, even if the property manager of an apartment complex is a direct employee of the owners of the apartment complex?

We recommend writing committee members to express concerns about the bill - who is the institute?, does certification really protect the assets of the unit owners?, there is no bonding requirements to handle money?, and anything else anyone can think of.
If this more directly affects you please attend hearings as well.

Of course as a general rule we are against more regulation.
=====================
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
02/26/2013 at 02:30 PM LOB 304
Title: repealing the New Hampshire regional greenhouse gas initiative program.

Summary: This is a complex bill dealing with the regulation of the discharge of pollutants into the air. The first provision would remove state wide caps on sulfur dioxide and oxides of nitrogen emissions. The bill then goes on to repeal the greenhouse gas initiative.

We spoke with the sponsor and he seems to be a common sense business person.
The Green House Gas Initiative, GHGI, is already in place in NH. Utilities companies charge extra fees on their utility bills. On PSNH bills the System Benefits Charge (3%-4% of total bill) goes to support GHGI.
Those monies that come from the GHGI mosty support large politically correct industries but not necessarily investments that make good business sense. Also, GHGI monies rarely go to the small companies and individuals which is make up most of the NH business landscape.
We believe in the long run it drives up costs and drives away businesses.
The sponsor of the bill would like to see the GHGI eliminated but that is unlikely in this administration. So the bill will attempt to reduce the scope of the GHGI in NH.

This is a complicated issue. With the information we have so far, some of us believe this bill will be good for business.

Property Owner Position: You Decide

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

Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB630

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0630.html
Analysis Stated in Bill: This bill repeals the New Hampshire regional greenhouse gas initiative program.

Talking Points:
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.

In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.

Sunday, February 17, 2013

Legislative Update - Two Important Bills this Week


This Legislative Update is provided courtesy of the Nick Norman, RPOA Director of Legislative Affairs
=======
Howdee everyone,

The rush of new legislation is now at an end. Bills are working their way through the legislature.

I am working on an option to give an early alert email that just contains the schedule of these bills. If you would like the advance schedule notice please contact me directly and I will add you to the list. (The legislative schedule is only active from beginning of year through mid spring).

The most important bill to work on this week is
HB482, The Bedbug Bill which has passed the committee and will be voted on by the full house shortly.
It is critical now to contact your legislator and request them to vote for the bill as is and really stress no amendments or changes of any kind.
A group of stake holders including landlords took 3 years to study this issue a come up with a balance proposal. Any change could easily upset the balance and make this a bad bill.
Ask your House representative to vote for bill as is with no changes.

Email to Committee: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB482

The 2nd important bill is
HB463, Certification Of Property Managers
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB463

Please email or call your legislator to give them your input on the bills still active & ask your legislator to vote in our favor.

See more info in Summaries & Full Detail for each category further below. (includes property owner position, contact info, Talking points, and more).
(to jump right to bill detail, use Control-F, Find).

Rooming House Bill

One of the rooming house landlords has expressed an extreme concern over
HB472, Definition Of Tenancy In Rooming Houses
Check it out at the bottom of this posting, see if you agree and if so support him by contacting legislators.

This week's Hearings

02/19/2013 at 10:00 AM LOB 306
HB421, Real Estate Brokerage Regulation
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

02/19/2013 at 10:00 AM LOB 301
HB672, Exemptions For Water & Air Pollution Facilities
Level of Response: You Decide
Property Owner Position: You Decide

02/19/2013 at 10:30 AM LOB 306
HB463, Certification Of Property Managers
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

02/19/2013 at 01:00 PM LOB 301
HB655, Deferred Taxes For The Elderly Or Disabled
Level of Response: You Decide
Property Owner Position: You Decide

Next week:

02/26/2013 at 02:30 PM LOB 304
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Level of Response: You Decide
Property Owner Position: You Decide

Many bills have an updated status. See summary below.

Important Bills with Updated Status:

HB482, The Bedbug Bill
OUGHT TO PASS, Vote 17-2.

Further below is:Bills Updated Status summary
All Bills Still Active summary
Full details on all bills above
Which includes Talking points, much more

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Bills Updated Status summary:We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. Its not terribly hard to get but not straight ahead either.

HB298, Prohibit Publishing Property Tax Exemptions
Property Owner Position: Against
General Status: In the HOUSE
House Status: REPORT FILED

SB60, Assisted Living Facilities; Advance Payments and Security Deposits
Property Owner Position: Limited Impact; You Decide
General Status: In the SENATE
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB446, Raising Optional Property Tax Credit For A Totally Disabled Veteran
Property Owner Position:  Limited Impact; You Decide
General Status: In the HOUSE
House Status: REPORT FILED

SB42, Applications For Appraisers License
Property Owner Position: Limited Impact; You Decide
General Status: In the SENATE
Senate Status: PASSED / ADOPTED

HB318, Collection Of Education Tax
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: REPORT FILED

HB438, Amends The Definition Of Residential Real Estate In An Industrial Zone
Property Owner Position: Limited Impact; You Decide
General Status: In the HOUSE
House Status: REPORT FILED

HB377, Archeological Investigation On Private Land
Property Owner Position: For
General Status: In the HOUSE
House Status: REPORT FILED

SB43, Reduced assessments for history buildings
Property Owner Position: You Decide
General Status: In the SENATE
Senate Status: PASSED / ADOPTED

HB543, Ascertaining Damages To Abutting Landowners
Property Owner Position: For
General Status: In the HOUSE
House Status: REPORT FILED

HB482, The Bedbug Bill
Property Owner Position: For
General Status: In the HOUSE
House Status: HB 482-FN, regarding infestation of bed bugs in rental housing. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Gary S Hopper for the Majority of Judiciary: This proposed legislation has come forward as the product of the New Hampshire bed bug action committee which has been working diligently for nearly three years to address the multiple challenges faced by landlords, tenants, public health professionals, housing advocates and others upon the discovery of infestations of bed bugs in rental properties. One significant outbreak in Manchester took place in a multi-unit dwelling more than three years ago and left a number of families quite destitute and emotionally devastated when the outbreak occurred and continued recurrence of these pests illustrated just how difficult bed bugs are to eradicate. The legislation provides remedies that have been agreed upon by a wide cross-section of landlords, tenants and others and provides a framework for a comprehensive response to the amelioration of these troublesome insects.
Not acting on this bill may have a profound negative effect on tourism if not dealt with promptly. Vote 17-2.
Rep. Lawrence M Kappler for the Minority of Judiciary: The minority believes this is a “local housing law” and “minimum housing standards” problem that needs to be addressed at the local level, versus creating more government. This investigation work would just increase tenant/landlord tensions.
==============================================
Full details on all bills Still Active:HB472, Definition Of Tenancy In Rooming Houses
02/05/2013 at 11:30 AM LOB 302
Title: relative to residential units in rooming houses.

Summary: Presently RSA 540 is excluded from tenants in a rooming house where the tenant stays fewer than 90 days.

This bill changes the exclusion by adding:
“For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, the 90-day period for computing consecutive days of occupancy shall not be broken.”

Property Owner Position: Limited Impact; 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: HB472

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0472.html

Analysis Stated in Bill: This bill clarifies that the exclusion of rooming houses from the definition of tenancy cannot be extended by directing the occupant to move from one room to another within the 90-day exemption period.
=====================
HB482, The Bedbug Bill
02/07/2013 at 02:30 PM LOB 208
Title: regarding infestation of bed bugs in rental housing.

Summary: This is a good bill because it puts some of the burden of infestation back to the tenant. It allows landlords to evict based on non-payment if the tenant does not pay for extermination if it is determined that the tenant brought them in.

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: HB482

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0482.html
Analysis Stated in Bill: This bill addresses landlord, tenant, and municipality responsibility for bed bug infestations.

Talking Points:
This is one of the most complicated bills that will have a very direct impact on both landlords and tenants.

The first paragraph of the bill, the declaration of purpose, if the bill passes, is a declaration by the legislature that reasonable measures need to be taken to promote prompt and effective mediation of bedbug infestation. This declaration can open the door to lawsuits for failure to take such actions. It is a statement to everyone not to ignore the problem.

The second and third paragraph of the bill incorporates into the state housing code that not taking measures to remediate a bedbug infestation will be a violation of the minimum standards for housing in the state. Communities can enact their own more stringent codes. This section gives building inspectors the power to deal with bedbug infestations the same powers they have to deal with other infestations.

The fourth paragraph, by amending RSA 540-A, WILL ALLOW LANDLORDS TO ENTER APARTMENTS WITHOUT TENANT CONSENT OR NOTICE to formulate a plan or engage in emergency remediation of rodents or insects, including bedbugs, so long as the entry took place within 72 hours of the landlord first receiving notice of the infestation. This paragraph is a major benefit to landlords to start dealing with the problem promptly. If it takes longer than the 72 hours, the current law applies, the landlord must give the tenant reasonable notice under the circumstances and a tenant is barred from prohibiting the landlord from entering.

The fifth paragraph of the bill makes it a violation of RSA 540-A for a landlord willfully, that means the landlord intended, not to investigate a complaint within 7 days and to take reasonable measures to remediate an infestation.

The fifth paragraph also makes it a violation of RSA 540-A for:
the tenant to refuse the landlord access to his or her apartment to make emergency repairs;
the tenant to refuse the landlord to evaluate if bedbugs are present if the landlord received a complaint about an adjacent unit as long as the landlord gave 48 hours notice;
the tenant to willfully fail to comply with written instructions from the landlord or pest control operator to remediate so long as the instructions were given to an adult, someone 18 years or older, and the tenant was given a reasonable opportunity to comply of not less than 72 hours.

This section of the bill makes it clear that a landlord may only enter without the consent of the tenant to make emergency repairs or with a court order.

Paragraph 6 defines infestation of bedbugs as any bedbugs in rented residential property, and remediation as any treatment that substantially reduces the presence of bedbugs for 60 days. NOTE landlords are not required to use a licensed exterminator nor totally eradicate the insects, as this can be very difficult and expensive. These definitions will be in RSA 540 and not in RSA 540-A, although I expect the courts will use these definitions when reading RSA 540-A

Paragraph 6 also makes the landlord responsible for the cost of remediation in the first instance. The landlord can bill the tenant for the cost if the landlord believes the tenant is responsible for the infestation. If the tenant does not pay the landlord within 30 days or enter into an agreement to repay the landlord, such becomes a ground for eviction for non-payment of rent (A seven day notice and a demand for rent is required)

If the landlord tries to evict the tenant or seek damages for the infestation, the landlord bears the burden of proof (by the preponderance of evidence) that the tenant was responsible for infestation and the landlord offered the tenant the opportunity to enter into a payment plan.

However, the bill gives the landlord a rebuttable presumption that if there were no reports of bedbugs in the tenants unit or directly adjacent units or units directly above or below within 6 months then the tenant was responsible for the infestation. Paragraph 6 then goes on to give courts guidance to be used in determining if the tenant was responsible for the infestation or the bedbugs came from another unit or were in the unit at the time the tenant took possession of the apartment or single family house.

Paragraph 7 of the bill adds a new ground for eviction, but on a 30 days notice. That ground is willful failure of the tenant to prepare a unit for remediation after the tenant was given reasonable notice. Keep in mind that although this paragraph requires a 30 days notice, the landlord can seek a court order as noted above pursuant to RSA 540-A. Those orders can be obtained fairly quickly.

Paragraph 7 also makes it clear that the $1,000 fine for the initial violation and the $1,000 per day fine for a violation after a court order set forth in RSA 540-A is issued does not apply when dealing with infestations.

We support this bill. It is a balance between the interests of society, the landlords and the tenants. As landlords we now have a clearly defined responsibility to remediate the bedbugs, but we have the ability to seek financial reimbursement from a tenant who brought the problem into our building. We also gain the ablity to have the courts order the irresponsible tenants to join in the remediation effort or face contempt and/or eviction. The tenants will have means to force the landlords who do not maintain their buildings, the irresponsible landlord, to remediate.

We also support this bill because I fear that someone will propose, if this does not pass, a bill that would not be as balanced, and the landlord would be responsible not only for remediation but all the costs of such. Further, such a bill may not include as a ground for eviction failure of a tenant to cooperate in the remediation effort. WE COULD DO A LOT WORSE AND LET'S NOT TAKE THAT RISK.
=====================
HB421, Real Estate Brokerage Regulation
02/19/2013 at 10:00 AM LOB 306
Title: relative to regulation of real estate brokerage and sales by the real estate commission.

Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.

Property Owner Position: Limited Impact; You Decide

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: HB421

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.

Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.

The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
HB463, Certification Of Property Managers
02/19/2013 at 10:30 AM LOB 306
Title: requiring property managers to be certified.

Summary: This bill requires that a person employed by an association of unit owners, basically a condo association, be currently certified by the Community Associations Institute. If such a person is not certified, that person is guilty of a violation, meaning that person can be fined in criminal court.

Property Owner Position: Against

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: HB463

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0463.html
Analysis Stated in Bill: This bill requires property managers for associations of unit owners of real property to be certified as qualified by the national Community Associations Institute.

Talking Points:
The bill does not directly impact landlords, but if condo managers have to be certified, will the state require property managers to be certified, even if the property manager of an apartment complex is a direct employee of the owners of the apartment complex?

We recommend writing committee members to express concerns about the bill - who is the institute?, does certification really protect the assets of the unit owners?, there is no bonding requirements to handle money?, and anything else anyone can think of.
If this more directly affects you please attend hearings as well.

Of course as a general rule we are against more regulation.
=====================
HB655, Deferred Taxes For The Elderly Or Disabled
02/19/2013 at 01:00 PM LOB 301
Title: relative to the collection of the amount of the property tax deferral for the elderly or disabled upon sale of the property.

Summary: RSA 72:38-a allows for deferral of property taxes for elderly and the disabled. The current law does address the payment of the taxes upon the death of the elderly or disabled person. (Elderly is someone 65 or older, a disabled person is someone receiving Social Security Disability Income Benefits). The taxing authorities can grant the deferment if the taxes cause, in their opinion undue hardship or the possible loss of the property. Current law does not address what happens if the property is sold.

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: HB655

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0655.html
Analysis Stated in Bill: This bill requires that the amount of the tax deferral and accrued interest be paid to the municipality granting the deferral upon the sale of the property to a purchaser.

Talking Points:
HB 655 fills that void in RSA 72:38-a. Simply, all deferred taxes are to be paid upon sale, and the municipal lien is to be released. The rest of the bill addresses situations when the taxes are not paid upon sale, basically stating times and procedure for a tax sale.

This bill deals with owners of limited means occupying their own housing.
=====================
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
02/26/2013 at 02:30 PM LOB 304
Title: repealing the New Hampshire regional greenhouse gas initiative program.

Summary: This is a complex bill dealing with the regulation of the discharge of pollutants into the air. The first provision would remove state wide caps on sulfur dioxide and oxides of nitrogen emissions. The bill then goes on to repeal the greenhouse gas initiative.

Property Owner Position: You Decide

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

Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB630

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0630.html
Analysis Stated in Bill: This bill repeals the New Hampshire regional greenhouse gas initiative program.

Talking Points:
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.

In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.
=====================
HB672, Exemptions For Water & Air Pollution Facilities
02/19/2013 at 10:00 AM LOB 301
Title: relative to the property tax exemption for water and air pollution control facilities.

Summary: The bill would change then amount allowed for the exemption to the net book value of the facility. Net book value being original cost less straight line depreciation. (They do not define how many years have to be used for staight line depreciation) The bill stops the exemption from being limitless.

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: HB672

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0672.html
Analysis Stated in Bill: This bill requires that the property tax exemption for water and air pollution control facilities shall only apply to the net book value of the facility or portion thereof.

Talking Points:
Same comment as HB630.
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.

In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.

Rooming House Bill - Letter from Rooming House owner

  Guaraldi  Rentals

5 February 2013
RE:  HB 472
  residential units in rooming houses

Members of Commerce and Consumer Affairs

Thank you for your time dedication to the legislative process

I am here to ask that you find HB 472 inexpedient to legislate.  

Rooming Houses pay room & meals tax for 185 days.  If this law passes, the state would lose the income after 90 days.  Those who operate rooming houses have been doing this for years based on the RSA and Rules.  I have for 40 years.

I don’t know how much tax the state receives from this but in this economy I am sure that we don’t want to loose it. 

If this bill passes, I will seriously consider shutting down my rooming house.  This is already a tough area to do business as most of my roomers don’t have credit of any kind; no references and many are on parole, probation or are registered sex offenders. 

Without housing they will remain in or return to prison.  This will cost the state more money either through prison costs and/or welfare costs for housing if they qualify and can find housing.  Very few landlords want to rent to those with prison records or those on ‘the list”.  This will substantially increase your Homeless Population. 

I’ve rented to people whom I have judgments against when the shelters expelled them.  I give free rooms to many people for a short time until they are able to put together needed cash.  The only control I have is the threat of locking them out. 

If this bill passes, making these residents tenants rather than roomers, I will close down our 33 units and sell the building.  It is too costly to do the number of evictions that history has shown we will need to do and we almost never collect on a judgment.

This bill will also hurt low income innocents.  For instance we currently have a lady paying $145 per week rent in a very large room.   She has a serious illness and we are working with her possibly moving to a lower priced room in the same building.  This bill would prohibit that.

If someone moves into a lower priced room and wants a larger, nicer room in the same building this may not be allowed.

I am further going to be so bold as to suggest that if any changes are needed in this RSA, it should be to change it to read:

“Rooms in rooming or boarding houses which are rented to transient guests for fewer than 185 consecutive days”    This will coordinate RSA 540 with RSA 78-A. 

Thank you for hearing my concern with this proposal.  

Lawrence (Larry) Guaraldi





Wednesday, February 13, 2013

TAKE THE BITE OUT OF BED BUGS - FREE LANDLORD SEMINAR

TAKE THE BITE OUT OF BED BUGS - FREE LANDLORD SEMINAR

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.  Atlantic Pest Solutions, JP Pest Services together with Elm Grove Companies is hosting this FREE seminar on February 19th, 6 to 8 pm. Space is limited. You can view the flyer here [view flyer].  Please RSVP to cschleyer@elmgrovecompanies.com


Tuesday, February 12, 2013

New Half-day Lead Safety class earns three Continuing Education Units from the NH Real Estate Commission


 

New Half-day Lead Safety class earns three Continuing Education Units from the NH Real Estate Commission

 Here at Lead-Edu, we have a new class that we will bring to your office to earn CEU's for your Realtors.
 The course is called "Lead Safety in the Home".  The half day class describes the dangers of lead paint, the regulations that affect property owners, contractors and tenants, and the fines and fees for noncompliance, as well as the education and preparation before the work is to be done.  The class is focused on information pertinent to the real estate professional.  It includes mechanical and technical requirements so that the Realtor can understand what is needed to pass inspections, to hire qualified renovators, and to fully educate prospective tenants, sellers, and buyers.  Realtors will be able to understand lead safety and to use the knowledge effectively as they buy and sell or lease homes.
  Continuing education credits are given upon completion of the class.  If the Realtor is also a property manager or a landlord who does their own maintenance and disturbs the lead paint, then it is recommended that they take the full day RRP class and obtain the required EPA/HUD certification.
  We can offer the class at your office, for groups of 5 or more, for a flat fee.  We can also offer classes at our location for independent Realtors who will pay per individual.  Please call us with any questions or to register for this class.
 
Ben Kirkwood
251 Pine St.
Manchester, NH 03103
603 203-6430 (cell)
K.Kirkwood Consulting, LLC
New England Health and Housing
Lead-Edu

Monday, February 11, 2013

Legislative Updates - We are losing on Important Bills


Howdee everyone,

Well finally the rush of new legislation is at an end. The initial most important hearings for real estate bills that heavily affect us have passed. Some have been voted on. Others are being discussed by committees and subcommittees. Some are being negotiated. So stay tuned.

NOTE
We are losing on some of the important real estate bills. This is perhaps because there is a low turnout of landlords at the hearings. We also don’t know how many of you are actually taking time to contact legislators. Everything you need is in these legislative updates.

So please be active! Contact your legislators and encourage them to vote in our favor.

See more info in Summaries, Committee Report & Full Detail for each category further below.
This Week's Hearings

02/12/2013 at 10:15 AM SH 100
SB108, Land Owner Liability When Permitting Recreational Use

Level of Response: You Decide
Property Owner Position: For

02/12/2013 at 01:30 PM LOB 303
HB669, Taxation Of Current Use Land

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

Next week

None scheduled so far


Coming SoonTime not specified LOB 306
HB421, Real Estate Brokerage Regulation

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

Time not specified LOB 306
HB463, Certification Of Property Managers

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

Time not specified RM 301 LOB
HB655, Deferred Taxes For The Elderly Or Disabled

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

Time not specified RM 304 LOB
HB630, Repeal The New Hampshire Greenhouse Gas Initiative

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

Time not specified RM 301 LOB
HB672, Exemptions For Water & Air Pollution Facilities
Level of Response: You Decide
Property Owner Position: You Decide

Decisions via Committee Reports:

HB106, Agent Registration~Lease ChargesIn Demand ForRent~Eviction Liquidated Damages
Property Owner Position: For
INEXPEDIENT TO LEGISLATE, Vote 20-0.

HB211, Service of Process for Commercial Properties
Property Owner Position: For
OUGHT TO PASS, Vote 20-0.

HB176, Veterans Credit in year of purchase
Property Owner Position: You Decide
INEXPEDIENT TO LEGISLATE. Vote 16-0.

HB188, Material Breach 7 day Notice
Property Owner Position: For
MAJORITY:
INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. Vote 14-3

HB210, Condemnation and Eviction from Manufactured Housing Parks
Property Owner Position: For
INEXPEDIENT TO LEGISLATE. Vote 16-1.

HB235, Enabling Counties to contract for real estate services
Property Owner Position: Limited Impact, You Decide
OUGHT TO PASS WITH AMENDMENT. Vote 16-0.

SB60, Assisted Living Facilities; Advance Payments and Security Deposits
Property Owner Position: Limited Impact; You Decide
Ought to Pass with Amendment, Vote 5-0.

SB42, Applications For Appraisers License
Property Owner Position: Limited Impact; You Decide
Ought to Pass, Vote 5-0.

SB43, Reduced assessments for history buildings
Property Owner Position: You Decide
Ought to Pass, Vote 5-0.



Further below is:Committee Reports
Full details on all bills above
Which includes Talking points, much more

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Committee reportsHB 106, relative to the demand for rent and other damages, and the repeal of the landlord-agent requirement.Decision: INEXPEDIENT TO LEGISLATE.
Rep. Paul S Berch for Judiciary: Current law allows only for rent and not other charges to be demanded when in arrears or due. This bill would add late fees, utility costs and any other charges the landlord may feel is due. The bill would increase liquidated damage from $15 to $160 and further, remove the duty of landlords of certain residential properties from providing service of process information to the municipality where the property is located.
The committee was concerned that the charges other than rent are not easily ascertained and subject to litigation, that there was no relationship between the proposed fee of $160 and the actual amount of liquidated damages incurred.
As to the requirement of providing service of process information, the committee felt this provision has materially assisted the ability to serve out-of-state landlords or landlords operating through agents and therefore should remain in place.Vote 15-5.

HB 211, relative to service of demand for rent and eviction notice. 
Decision: OUGHT TO PASS.
Rep. David Woodbury for Judiciary: This bill reduces the burden on a landlord of commercial premises of serving notices to quit or demands for rent on the Secretary of State as well as by certified mail. Under this bill, the process of serving notice is both simplified and made more expeditious without any detriment to the right of the tenant to receive proper and timely notice. Vote 16-0.

HB 176, allowing towns and cities to grant a part year veterans credit during the year of acquisition of property.
Decision: INEXPEDIENT TO LEGISLATE.
Rep. David A Bickford for Municipal and County Government: The bill, if enacted would cause complications for towns to administer. Of special concern to the committee are people who already have a credit in one town and then move to another. The NH municipal association also said there would be software issues to deal with as well. Vote 16-0.

HB 188, decreasing the time required for eviction 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. Decision: MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Peter M Sullivan for the Majority of Judiciary: New Hampshire’s landlord-tenant law strikes a balance of interests between property owners and residents. This bill would disrupt this carefully crafted balance.
The committee concluded that lowering the time frame for evictions from 30 days to 7 days would unduly burden low-income tenants, who would find it difficult to secure legal representation and gather supporting documents. In addition, allowing rapid evictions for any material breach would put tenants at risk for even the most minor of technical violations of the lease agreement.
Finally, the bill improperly interjects the courts and landlord into disputes between tenants and utility companies.
This would create tremendous difficulties for Circuit Court judges and staff. Vote 14-3.

Rep. Michael J Sylvia for the Minority of Judiciary: The minority believes that this bill restores balance to the landlord-tenant relationship and respects the sanctity of contracts. Current statute requires that in a possessory (eviction) action under appeal, the defendant pays into court the current rent. This bill simply adds that the tenant also pays utility bills and other financial obligations pursuant to the lease. This bill honors property rights and is pro-business. Tenants who fail to pay their financial obligations raise rents for others who live up to their responsibilities.
Further, this bill reduces the time to start the eviction process thereby reducing damage to property, stopping disruption to neighbors, and limiting expenses for the landlord. Keeping expenses down for landlords will help to keep housing more affordable for the people of New Hampshire.

HB 210, relative to the procedure for eviction from a manufactured housing park. 
Decision: INEXPEDIENT TO LEGISLATE.
Rep. Rick H Watrous for Judiciary: This bill shortens the notice required for eviction from a manufactured housing 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. The majority of the committee believes that reducing the current 18-month eviction notice for condemnation to 60-days notice is unreasonable. Many tenants own manufactured housing, sometimes referred to as mobile homes. It is time consuming and difficult to find a new location to which their home can be moved. Some of the homes can no longer be moved because of their age. It was also pointed out that sometimes the park is condemned through no fault of the tenants themselves. The majority believe that when people’s homes are at stake, they deserve the adequate notice of the existing law. Vote 16-1.

HB 235, allowing counties to contract for professional real estate services for the sale or lease of county property. 
Decision: OUGHT TO PASS WITH AMENDMENT.
Rep. James P Belanger for Municipal and County Government: This bill allows any county to procure the services of a professional real estate agent to market county property for sale or lease without getting competitive bids. It is simply not practical to get multiple real estate agents to bid on marketing property and it is not practical to request competitive bids on the leasing of property. To expect multiple potential tenants for leasing space is unlikely. When a lease price is advertised, and a tenant accepts, the county should be able to lease at that amount without bids. The amendment adds a cross reference to the existing statute on competitive bidding on sales and leases of real property. Vote 16-0.

SB 60, relative to assisted living facilities and landlord tenant law.
Decision: OUGHT TO PASS WITH AMENDMENT, VOTE 5-0.

Senator Pierce for the committee.
Currently, assisted living facilities are regulated under both landlord tenant and health and human services statutes. This bill, as amended by the Committee, will remove assisted living facilities from the landlord tenant statutes while leaving the more appropriate health and human services regulations in place.

SB 42, relative to applications for licensure by the real estate appraisers board.
Decision: OUGHT TO PASS. VOTE 5-0.

Senator Carson for the committee.
This bill requires applicants for licensure by the real estate appraiser 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. This bill was requested by the Joint Board of Licensure and Certification in order to be in compliance with Federal standards.

SB 43, relative to the property taxation of qualifying historic buildings.
Decision: OUGHT TO PASS, VOTE 5-0.

Senator Rausch for the committee.
This is enabling legislation that will provide a local option to cities and towns to appraise certain qualifying historic buildings at not more than 10% of market value in order to encourage the preservation of said buildings. The qualifying criteria are very narrow in scope; therefore this will apply to very few buildings.

==============================================

Full details on all bills above:

HB106, Agent Registration~Lease Charges In Demand For Rent~Eviction Liquidated Damages
01/15/2013 at 01:00 PM LOB 208
Title: relative to the demand for rent and other damages, and the repeal of the landlord-agent requirement.

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: HB106

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0106.html
=====================
HB211, Service of Process for Commercial Properties
01/22/2013 at 10:00 AM LOB 208
Title: relative to service 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 veterans 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.
=====================
HB188, Material Breach 7 day Notice
01/22/2013 at 10:30 AM LOB 208
Title: decreasing the time required for eviction 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: relative to the procedure for eviction 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.
=====================
HB235, Enabling Counties to contract for real estate services
01/23/2013 at 02:15 PM LOB 301
Title: allowing counties to contract for professional real estate services for the sale or lease of county property.

Summary: This bill simply gives county commissioners authority and guidelines to retain the services of licensed real estate professionals to sell or lease county real estate.

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: HB235

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0235.html
Analysis Stated in Bill: This bill allows the county commissioners to contract for professional real estate services for
the sale or lease of county property.

Notes: This bill if passed would only have indirect impact on our membership. The county would have to pay commissions, but at the same time, one would expect the county to receive a higher price or rent for the property using a licensed professional.

Talking Points:
none developed so far.
=====================
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.
=====================
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
=====================
SB43, Reduced assessments for history buildings
02/05/2013 at 09:00 AM SH 103
Title: relative to the property taxation of qualifying historic buildings.

Summary: This bill is enabling legislation for municipalities in regards to history buildings that are one hundred years or older, owned by a non-profit organization, and are on the state or federal historic register. If a town adopts the provisions of this bill, then such buildings can not be assessed for more than 10% of the building’s market value.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0043.html
Analysis Stated in Bill: This bill enables towns and cities to appraise certain qualifying historic buildings at a percentage of market value in order to encourage the preservation of the historic buildings.

Talking Points:
The impact will be that the tax base in a municipality will be slightly reduced, and all other property tax payers would have to make up the difference in a higher tax rate.

Since the bill has minimal impact on us and has a large number of sponsors, we recommend no action.
=====================
SB108, Land Owner Liability When Permitting Recreational Use
02/12/2013 at 10:15 AM SH 100
Title: relative to the liability of landowners who permit use of their land for recreational activities.

Summary: The bill states that the owner of land who allows its use for recreational activities owes no duty of care to keep it safe for those who use the land or who construct structures on the land. The current paragraph II seems to say almost the same thing.

Property Owner Position: For

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0108.html
Analysis Stated in Bill: This bill provides that landowners who permit the use of their land for outdoor recreational activities owe no duty of care to individuals engaged in the recreational activity, including to those engaged in the construction of facilities associated with the outdoor activity.

Talking Points:
Not sure what the drafters of the bill were trying to accomplish.
=====================
HB655, Deferred Taxes For The Elderly Or Disabled
Time not specified RM 301 LOB
Title: relative to the collection of the amount of the property tax deferral for the elderly or disabled upon sale of the property.

Summary: RSA 72:38-a allows for deferral of property taxes for elderly and the disabled. The current law does address the payment of the taxes upon the death of the elderly or disabled person. (Elderly is someone 65 or older, a disabled person is someone receiving Social Security Disability Income Benefits). The taxing authorities can grant the deferment if the taxes cause, in their opinion undue hardship or the possible loss of the property. Current law does not address what happens if the property is sold.

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: HB655

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0655.html
Analysis Stated in Bill: This bill requires that the amount of the tax deferral and accrued interest be paid to the municipality granting the deferral upon the sale of the property to a purchaser.

Talking Points:
HB 655 fills that void in RSA 72:38-a. Simply, all deferred taxes are to be paid upon sale, and the municipal lien is to be released. The rest of the bill addresses situations when the taxes are not paid upon sale, basically stating times and procedure for a tax sale.

This bill deals with owners of limited means occuping their own housing.
=====================
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Time not specified RM 304 LOB
Title: repealing the New Hampshire regional greenhouse gas initiative program.

Summary: This is a complex bill dealing with the regulation of the discharge of pollutants into the air. The first provision would remove state wide caps on sulfur dioxide and oxides of nitrogen emissions. The bill then goes on to repeal the greenhouse gas initiative.

Property Owner Position: You Decide

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

Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB630

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0630.html
Analysis Stated in Bill: This bill repeals the New Hampshire regional greenhouse gas initiative program.

Talking Points:
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.

In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.
=====================
HB672, Exemptions For Water & Air Pollution Facilities
Time not specified RM 301 LOB
Title: relative to the property tax exemption for water and air pollution control facilities.

Summary: The bill would change then amount allowed for the exemption to the net book value of the facility. Net book value being original cost less straight line depreciation. (They do not define how many years have to be used for staight line depreciation) The bill stops the exemption from being limitless.

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: HB672

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0672.html
Analysis Stated in Bill: This bill requires that the property tax exemption for water and air pollution control facilities shall only apply to the net book value of the facility or portion thereof.

Talking Points:
Same comment as HB630.
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.

In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.
=====================
HB669, Taxation Of Current Use Land
02/12/2013 at 01:30 PM LOB 303
Title: relative to nonpayment of property taxes on current use land.

Summary: This bill would make non-payment of current use taxes a change of use.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H06

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0669.html
Analysis Stated in Bill: This bill provides that the nonpayment of property taxes on land assessed under current use within 120 days of the due date shall result in the property considered to be changed in use and assessed the land use change tax.

Talking Points:
Current law allows open space real estate (used for farming or forestry) to be taxed on its current use rather than its appraised or market value. If the property loses its status as current use, the property is then taxed on its market value and there is a penalty tax to be paid.

This bill provided that if an owner, except for owners of working farms, fails to pay real estate taxes within 120 days of due date, the property will lose its current use status. An owner can reapply for that status once all taxes are paid.