Legislative Update - Hearing Tuesday Morning on Abandonment - IMPORTANT!!

This Legislative Update is provided by the RPOA. Nick Norman. RPOA Director of Legislative Affairs

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Howdee everyone,

At this point many bills have been voted on by the full Senate or House and some are crossing over from House to Senate and vice versa.

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

HB413 -The Abandonment Bill - IMPORTANT

HB413, Abandonment
03/19/2013 at 09:15 AM SH 100
Title: (New Title) relative to property abandoned by tenants.

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/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
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.

An important bill for landlords, HB413 the Abandonment bill, was amended, passed the house and is being heard in the Senate early Tuesday morning. There is an amendment which passed the house and has been negotiated with NHLA, tenant advocates. With the amendment NHLA is joining us in support of the bill. This is a comprise that was worked out while in the House. We support it because, while not perfect, abandonment has been a very hard subject to get nailed down in a way that will get agreement from all sides and this bill definitely moves us forward. Please contact the Senate Judiciary committee NOW and urge them to vote for the bill as amended by RPOA & NHLA. (See attached).
Attending the hearing in support of the bill would also be helpful.

This week's Hearings (You don’t need to speak just show up and sign the “blue sheet” in support of bill).

03/19/2013 at 09:00 AM SH 100HB211, Service of Process for Commercial Properties
Level of Response: Limited Impact so contact legislators if this affects you
Property Owner Position: For

03/19/2013 at 09:15 AM SH 100
HB413, Abandonment
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For

03/19/2013 at 02:00 PM LOB 103
HB543, Ascertaining Damages To Abutting Landowners
Level of Response: Call & Email Legislators
Property Owner Position: For

Next week's Hearings

None scheduled so far

Decisions

See Bills Updated Status summary below.

See below for updates on bill status and full details on the bills being heard this week.
(Which includes property owner position, contact info, talking points, and more)

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
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To find both your Representative & Senator goto
http://www.gencourt.state.nh.us/house/members/wml.aspx

This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”
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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: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none

HB278, Voluntary Sprinkler Systems
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none

HB409, Striking Default L & T Judgments
Property Owner Position: Against
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none

HB413, Abandonment
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE

HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: PASSED / ADOPTED
Senate Status: none

HB593, Due Date For Final Property Tax Bills
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none

HB463, Certification Of Property Managers
Property Owner Position: Against
General Status: In the HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none

HB655, Deferred Taxes For The Elderly Or Disabled
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none

HB235, Enabling Counties to contract for real estate services
Property Owner Position: LimitedImpact, You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED

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Full details on all bills above:

HB118,
01/15/2013 at 11:00 AM LOB 208
Title: (New Title) providing immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose event.

Summary:

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: 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. Tenants 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.

Talking Points: none developed so far
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HB278, Voluntary Sprinkler Systems
01/30/2013 at 10:30 AM LOB 302
Title: relative to voluntary installation of fire suppression sprinklers.

Summary: Just letting you know the bill is here in case you want to get involved. It deals with allowing an applicant to the local land use board to offer voluntary installation of sprinkler systems. If accepted the sprinkler system then becomes required.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB278

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0278.html
Analysis Stated in Bill: This bill authorizes an applicant to offer installation of fire suppression sprinklers as a
condition of local permit approval.

Talking Points:
None developed so far.
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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 as originally written

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB409

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0409.html
Analysis Stated in Bill: This bill requires a tenant who files a motion to vacate a default judgment to pay all rent as it
comes due pending the district court’s decision.

Talking Points:
This short bill addresses the situation when a tenant fails to either file an appearance, or misses the court date in a landlord and tenant action and then, prior to the issuance of the writ of possession files a motion to vacate the default (aka strike the default). The bill, in that situation would require the tenant to pay all rent as it becomes due between the date of the motion to vacate and the Circuit Courts decision (wrongly named district court in the bill). There is even a provision allowing the court to waive the payment from the tenant.

As written, this bill is very problematic. First, who determines the amount of rent that should be paid? Who is the rent paid to? When does the tenant have to pay the rent? What if the eviction is not about rent, the tenant has paid the landlord and does not owe any rent? Finally, this bill is subject to constitutional challenge, both because it is vague and the tenant is found to owe money without the benefit of a hearing.
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HB413, Abandonment
03/19/2013 at 09:15 AM SH 100
Title: (New Title) relative to property abandoned by tenants.

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/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB413

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0413.html
Analysis Stated in Bill: This bill makes relinquishment or abandonment of the premises a defense for landlords in an
action under RSA 540-A.

Talking Points:
Under current law, there is no definition of abandonment. As a result, every time a tenant moves out, a landlord is always subject to a 540-A action (fining landlord) unless the tenant gives notice in writing that the tenant is fully moved out and returns possession to the landlord or the landlord goes through the eviction procedure and has the sheriff serve the writ of possession.

The first part of the bill makes it clear that if all tenants of an apartment sign a document that they relinquish possession that such action is a defense for a 540-A action.

The second part lists various factors that show a tenant has abandoned the leased premises. If a landlord can prove two of these factors, that will be a defense to a 540-A action. These factors are subject to negotiation as we go through the legislative process.

The bill is advantageous to Landlords, Tenant and the Courts. With a clarified standard for abandonment, Landlords will not have to spend the money or time on filing eviction actions, and the tenant will not have an unnecessary eviction on his or her record. This will also reduce the number of cases filed in the badly overburdened courts.
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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.
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HB593, Due Date For Final Property Tax Bills
02/07/2013 at 11:15 AM LOB 301
Title: establishing a committee to study extending the due date for final property tax bills.

Summary: Establishing a committee to study extending the due date for final property tax bills.

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: HB593

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0593.html
Analysis Stated in Bill: This bill establishes a committee to study extending the due date for final property tax bills.

Talking Points:
Limited Impact; You Decide
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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.
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HB655, Deferred Taxes For The Elderly Or Disabled
02/19/2013 at 01:00 PM LOB 301
Title: relative to the collection of the amount of the property tax deferral for the elderly or disabled upon sale of the property.

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

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB655

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

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

This bill deals with owners of limited means occupying their own housing.
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HB235, Enabling Counties to contract for real estate services
03/13/2013 at 09:30 AM LOB 102
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/Senate/committees/committee_details.aspx?cc=S27

Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
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.
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HB211, Service of Process for Commercial Properties
03/19/2013 at 09:00 AM SH 100
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/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
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.
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HB543, Ascertaining Damages To Abutting Landowners
03/19/2013 at 02:00 PM LOB 103
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/Senate/committees/committee_details.aspx?cc=S16

Email to Committee:
To: peggy.gilmour@leg.state.nh.us; james.rausch@leg.state.nh.us; david.watters@leg.state.nh.us; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
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.