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.
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
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
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 farComing 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 DamagesProperty 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.
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.
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.
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.
==============================================
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.
Full details on all bills above:
HB106, Agent Registration~Lease Charges In Demand For Rent~Eviction Liquidated Damages01/15/2013 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.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.