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.