Saturday, April 27, 2013

Legislative Update - Still waiting for Bedbug Bill to be Signed - No News on Abandonment BIll


This Legislative Update is provided Nick Norman, RPOA Director of Legislative Affairs

=======
Howdee everyone,

There are several bills this week that have decisions or reports filed.

HB482 - The Bed Bug Bill
The major event for us is still HB482, The Bedbug Bill, which, as mentioned last week, passed the Senate (& previously passed the House).  It is now making its way to the governor.

Please contact the governor’s office & ask him to vote in favor of the bill.Governor's office is 271-2121

You can e-mail the governor by going to the following website:
http://www4.egov.nh.gov/governor/goveforms/comments.asp

HB413 0 Abandonment Bill
We have no updated status on HB413, Abandonment, yet. For detailed info on HB413 & HB482, see Summaries & Full Detail for each category further below. (includes property owner position, committee contact info, talking points, and more).
(to jump right to bill detail, use Control-F, Find).

This week:04/30/2013 at 02:00 PM    LOB 101
HB472, Definition Of Tenancy In Rooming Houses
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

05/01/2013 at 09:30 AM    LOB 102
HB278, Voluntary Sprinkler Systems
Level of Response: You Decide
Property Owner Position: You Decide

Next week:None scheduled so far

Decisions/Updated Status:See Bills Updated Status summary below.

Bills Updated Status summary:
Full details on all bills above which includes property owner position, contact info, talking points, and more.
==============================================
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”

==============================================
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.


HB211, Service of Process for Commercial Properties
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: REPORT FILED

HB118, immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED

SB60, Assisted Living Facilities; Advance Payments and Security Deposits
Property Owner Position: LimitedImpact; You Decide
General Status: PASSED
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

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

SB42, Applications For Appraisers License
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

SB108, Land Owner Liability When Permitting Recreational Use
Property Owner Position: For
General Status: In the HOUSE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT
=====================
Full details on all bills above: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.
=====================
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.
=====================
HB118, immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose
03/26/2013 at 09:00 AM    SH 100
Title: (New Title) providing immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose event.

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: 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.
=====================
HB482, The Bedbug Bill
04/02/2013 at 10:15 AM    LOB 103
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:
Email to Committee:
To:
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.
=====================
SB60, Assisted Living Facilities; Advance Payments and Security Deposits
04/09/2013 at 11:00 AM    LOB 208
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:
Email to Committee:
To:
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.
=====================
SB43, Reduced assessments for history buildings
04/10/2013 at 10:00 AM    LOB 301
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/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB43
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.
=====================
SB42, Applications For Appraisers License
04/10/2013 at 11:00 AM    LOB 306
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/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB42
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
=====================
SB108, Land Owner Liability When Permitting Recreational Use
04/16/2013 at 10:00 AM    LOB 208
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
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB108
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.
=====================
HB472, Definition Of Tenancy In Rooming Houses
04/30/2013 at 02:00 PM    LOB 101
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/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@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.
A limited number of our members suffer a large impact from this bill.  If it affects you be active about it.
=====================
HB278, Voluntary Sprinkler Systems
05/01/2013 at 09:30 AM    LOB 102
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/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: 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.
=====================

Tuesday, April 23, 2013

Free Workshop: Consider Becoming a Landlord


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  • Find an extra $300-$800 a month to help get you started on saving?
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  • What do I need to learn to become a Landlord?
JOIN US FOR A COMPLIMENTARY PLANNING WORKSHOP TO HELP YOU RETIRE WITH MONEY:
Free workshop on:
WEDNESDAY MAY 1ST, 7 PM
436 Amherst St. Nashua
SEATING IS LIMITED

Sunday, April 21, 2013

Legislative Update: Senate Approves Bedbug Bill, now on to the Governor; more reports filed;


This Legislative Update provided by Nick Norman, RPOA Director of Legislative Affairs
=======
Howdee everyone,
  • HB482, The Bedbug Bill, has now passed the Senate (& previously passed the House).  It will now be making its way to the governor.
Please contact the governor’s office at 603-271-2121 & ask her to vote in favor of the bill.
or
You can e-mail the governor by going to the following website:
  • HB413, The Abandonment Bill will have a small but important amendment that clarifies language and sets that start date upon passage instead of waiting for beginning of next year.  We have seen and approve the amendment but it is not officially released yet.
Please write to your Senator and ask them to vote in favor of HB413.
To find both your Representative & Senator go to 

To get much more info on HB413 & HB482:
See more info in Summaries & Full Detail for each category further below which includes property owner position, committee contact info, talking points, and more).
(to jump right to bill detail, use Control-F, Find).

This week:None scheduled so far

Next week:04/30/2013 at 02:00 PM    LOB 101
HB472, Definition Of Tenancy In Rooming Houses
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

Decisions/Updated Status:See Bills Updated Status summary below.

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

==============================================
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.

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

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

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

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

SB108, Land Owner Liability When Permitting Recreational Use
Property Owner Position: For
General Status: In the HOUSE
House Status: REPORT FILED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

===================================================================
Full details on all bills above:HB482, The Bedbug Bill
04/02/2013 at 10:15 AM    LOB 103
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.

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.
=====================
SB60, Assisted Living Facilities; Advance Payments and Security Deposits
04/09/2013 at 11:00 AM    LOB 208
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/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@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.
=====================
SB43, Reduced assessments for history buildings
04/10/2013 at 10:00 AM    LOB 301
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/house/committees/committeedetails.aspx?code=H18

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB43

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.
=====================
SB42, Applications For Appraisers License
04/10/2013 at 11:00 AM    LOB 306
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: Limited Impact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB42

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
=====================
SB108, Land Owner Liability When Permitting Recreational Use
04/16/2013 at 10:00 AM    LOB 208
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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB108

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.
=====================
HB472, Definition Of Tenancy In Rooming Houses
04/30/2013 at 02:00 PM    LOB 101
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/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@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.

A limited number of our members suffer a large impact from this bill.  If it affects you be active about it.
=====================

Saturday, April 13, 2013

Legislative Update - Tell your Senator to Approve Bedbug and Abandonment Bills as Amended


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

Howdee everyone,

There is still time to contact your senator if you do so immediately.

HB413 will have a small but important amendment that clarifies language and sets that start date upon passage instead of waiting for beginning of next year.  We have seen and approve the amendment but it is not officially released yet.

We need everyone to write to the Senate and ask them to vote in favor of HB482 without any modifications and to vote in favor of HB413 as amended.
Click here to find both your Representative & Senator
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

To get much more info on HB413 & HB482:
See more info in Summaries & Full Detail for each category further below. (includes property owner position, committee contact info, talking points, and more).
(to jump right to bill detail, use Control-F, Find).

This week:04/16/2013 at 10:00 AM    LOB 208
SB108, Land Owner Liability When Permitting Recreational Use
Level of Response: You Decide
Property Owner Position: For

04/17/2013 at 09:15 AM    LOB 101
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Level of Response: You Decide
Property Owner Position: You Decide

04/17/2013 at 09:30 AM    LOB 102
HB655, Deferred Taxes For The Elderly Or Disabled
Level of Response: You Decide
Property Owner Position: You Decide

Next week:None scheduled so far

Later:04/30/2013 at 02:00 PM    LOB 101
HB472, Definition Of Tenancy In Rooming Houses
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide


Decisions/Updated Status:See Bills Updated Status summary below.

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
==============================================
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”

==============================================
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.

HB482, The Bedbug Bill
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: HB 482-FN, regarding infestation of bed bugs in rental housing.
Ought to Pass, Vote 5-0.
Senator Reagan for the committee.

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

Full details on all bills above:SB108, Land Owner Liability When Permitting Recreational Use
04/16/2013 at 10:00 AM    LOB 208
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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB108

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.
=====================
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.
=====================
HB482, The Bedbug Bill
04/02/2013 at 10:15 AM    LOB 103
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/Senate/committees/committee_details.aspx?cc=S05http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S05

Email to Committee:
To: peggy.gilmour@leg.state.nh.us; molly.kelly@leg.state.nh.us; nancy.stiles@leg.state.nh.us; john.reagan111@gmail.com; andy.sanborn@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.
=====================
HB630, Repeal The New Hampshire Greenhouse Gas Initiative
04/17/2013 at 09:15 AM    LOB 101
Title: (New Title) relative to the use of proceeds from the 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/Senate/committees/committee_details.aspx?cc=S38

Email to Committee:
To: martha.fullerclark@leg.state.nh.us; bob.odell@leg.state.nh.us; represcott@represcott.com; Jeff.Woodburn@leg.state.nh.us; jeb.bradley@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.
=====================
HB472, Definition Of Tenancy In Rooming Houses
04/30/2013 at 02:00 PM    LOB 101
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/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@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.

A limited number of our members suffer a large impact from this bill.  If it affects you be active about it.
=====================
HB655, Deferred Taxes For The Elderly Or Disabled
04/17/2013 at 09:30 AM    LOB 102
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/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: 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.

Saturday, April 6, 2013

Legislative Update - Contact Senators and urge them to pass the Bedbug Bill


This Legislative Update is provided by Nick Norman, RPOA Director of Legislative Affairs
Howdee everyone,

More bills have crossed over from House to Senate and vice versa.

The important bill this past week was:HB482, The Bedbug Bill.
We support the bill because it is a balanced bill resulting from about 3 years of deliberations from all stake holders including landlords and tenants. 

At the Senate hearing all stake holders spoke in favor of the bill and we were able to get across to the Senate committee that we needed them to leave the bill alone.  Keep it as is because it is already balanced and any changes would likely unbalance it and change it from a good bill to a bad bill.

After testimony was over the committee immediately voted unanimously “ought to pass”.

Now it will work its way to the senate floor.  

We need everyone to write to the Senate and ask them to vote in favor of the bill without any modifications.

Link to Committee Info: 
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S05http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S05

Email to Committee: 
To: peggy.gilmour@leg.state.nh.us; molly.kelly@leg.state.nh.us; nancy.stiles@leg.state.nh.us; john.reagan111@gmail.com; andy.sanborn@leg.state.nh.us; ;

HB413, Abandonment
Stay tuned.  We’re expecting it to come out of committee with minor positive tweaks, “ought to pass” and then to the Senate floor.

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).

This Week's Hearings:

04/10/2013 at 10:00 AM    LOB 301
SB43, Reduced assessments for history buildings
Level of Response: You Decide
Property Owner Position: You Decide

04/09/2013 at 11:00 AM    LOB 208
SB60, Assisted Living Facilities; Advance Payments and Security Deposits
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

04/10/2013 at 11:00 AM    LOB 306
SB42, Applications For Appraisers License
Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

Next week:

None scheduled so far

Decisions/Updated Status:

See Bills Updated Status summary below.

Bills Updated Status summary:

See below for full details on all bills listed above (includes property owner position, contact info, talking points, and more).

==============================================
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”

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

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.

SB108, Land Owner Liability When Permitting Recreational Use
Property Owner Position: For
General Status: In the HOUSE
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT

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

Full details on all bills above

SB108, Land Owner Liability When Permitting Recreational Use
Time not specified    RM 208 LOB
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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB108

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.
=====================
HB482, The Bedbug Bill
04/02/2013 at 10:15 AM    LOB 103
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/Senate/committees/committee_details.aspx?cc=S05http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S05

Email to Committee:
To: peggy.gilmour@leg.state.nh.us; molly.kelly@leg.state.nh.us; nancy.stiles@leg.state.nh.us; john.reagan111@gmail.com; andy.sanborn@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.
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SB60, Assisted Living Facilities; Advance Payments and Security Deposits
04/09/2013 at 11:00 AM    LOB 208
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/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB60

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0060.html
Analysis Stated in Bill: This bill excludes assisted living facilities and community residences for the developmentally
disabled and chronically ill from the definition of tenant for purposes of landlord/tenant law.
This bill also requires that security deposits for assisted living facilities be subject to RSA
540-A.

Talking Points:
Does this only apply to Assisted Living Facilities?
If we have some one who requires assisted living (broad definition) living in an apartment – do these changes apply?
More analysis is needed.
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SB42, Applications For Appraisers License
04/10/2013 at 11:00 AM    LOB 306
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/house/committees/committeedetails.aspx?code=H07

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB42

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0042.html
Analysis Stated in Bill: This bill requires applicants for licensure by the real estate appraisers board to have a
criminal history records check. The bill also provides for licensure by reciprocity for
applicants who are in good standing in another state.

Talking Points:
Limited Impact; You Decide
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SB43, Reduced assessments for history buildings
04/10/2013 at 10:00 AM    LOB 301
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/house/committees/committeedetails.aspx?code=H18

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB43

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.
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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.