Saturday, May 25, 2013

Free Seminar - Landlord/Tenant Basics and The Fair Housing Law

NH Legal Assistance is offering a free presentation regarding some of the fundamentals of Real Estate law. This could be valuable to attend to make sure landlords are up to date on current NH Real Estate Law in several key areas. The presentations will take place on Monday, June 3rd in Nashua and on Thursday, June 13th in Portsmouth.  Derails are provided below.

Some of the topics of discussion:
  • Basic eviction law (e.g. the bases for eviction and the process)
  • Some discussion of new bed bug law
  • Detailed discussion of fair housing law (e.g. unintentional pitfalls for landlords, reasonable accommodation law, including involving pets, perceived threats by tenants, etc.). 
The Basics of Landlord & Tenant & Fair Housing Law
FREE Seminar OPEN to the Public

Date: Monday, June 3, 2013
Time: 1:00 PM – 3:30PM  (Refreshments provided.)
Location: At City Hall Auditorium, City of Nashua 229 Main Street, Nashua NH
Presenters: Attorneys Daniel Feltes & Sarah Burke Cohen of New Hampshire Legal Assistance
TO RSVP please either email sburke@nhla.org or call (603) 223-9750, extension 2809
This seminar is funded by The City of Nashua’s Community Development Block Grant Program.

-------------------------------------------------------------------------------------------------------------------------------
The Basics of Landlord & Tenant & Fair Housing Law
FREE Seminar OPEN to the Public

Date: Thursday, June 13, 2013
Time: 6:00 PM – 8:30PM  (Refreshments provided.)
Location: At City Hall, City of Portsmouth, 1 Junkins Drive, Portsmouth NH
Presenters: Attorneys Lynne Parker & Dennis Labbe of New Hampshire Legal Assistance

TO RSVP please either email sburke@nhla.org or call (603) 223-9750, extension 2809
This seminar is funded by The City of Portsmouth’s Community Development Block Grant Program.

Legislative Update - Contact Governor's Office for Abandonment and Bedbug Bills

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

=======
Howdee everyone,
Several more bills decided.  See below.

HB413, Abandonment has passed the Senate.
It will now make its way to the Governor, please contact the governor’s office & ask her to vote in favor of the bill as amended by the Senate.

HB482, The Bedbug Bill, is still making its way to the governor.
If you have not done so yet, please contact the governor’s office & ask her 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

For more info on HB413 & HB482:
See 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:
None scheduled so far

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

==============================================
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.
=====================
HB235, Enabling Counties to contract for real estate services
Property Owner Position: LimitedImpact, You Decide
General Status: PASSED
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT


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


HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Property Owner Position: You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT


HB655, Deferred Taxes For The Elderly Or Disabled
Property Owner Position: You Decide
General Status: PASSED
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED


HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT


HB278, Voluntary Sprinkler Systems
Property Owner Position: You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

===================================================================
Full details on all bills above:
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: Limited Impact, You Decide

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.
=====================
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: 

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.
===================== 
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.
=====================
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 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.
=====================
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: Limited Impact; 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.

Monday, May 20, 2013

Legislative Update - Still waiting for Bedbug and Abandonment Bill Activity


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

Legislative activity for us is now really slowing down.

Updates

HB472, Definition Of Tenancy In Rooming Houses, Voted 5-0
Ought to Pass with Amendment, by the Senate Committee.

HB413, Abandonment.
If you have not done so already please contact the your Senator and ask them to vote in favor of the bill as amended.
HB482, The Bedbug Bill, is still making its way to the governor.
If you have not done so yet, please contact the governor’s office & ask her to vote in favor of the bill.Governor's office is 271-2121 or you can e-mail the governor by going to the following website:
http://www4.egov.nh.gov/governor/goveforms/comments.asp

To get much more info on HB413 & HB482:
See 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:None scheduled so far

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.
=====================
HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: HB 472,
relative to residential units in rooming houses.
Ought to Pass with Amendment, Vote 5-0.
Senator Hosmer for the committee.
==============================================
Full details on all bills above: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:

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

Tuesday, May 14, 2013

Section 8 housing is a nightmare for landlords


Section 8 housing is a nightmare for landlords



In a recent letter to the editor, Johns Hopkins professor Stefanie DeLuca recently suggested that many landlords refuse to rent to people with Section 8 housing vouchers because they are unfairly prejudiced against those prospective tenants ("Mossburg misrepresents research on vouchers," May 8). My guess is that Ms. DeLuca has never dealt with Section 8 as a landlord.
The prejudice of landlords is directed not against the people but against the nightmare bureaucracy that Section 8 rentals entail.
First, a landlord new to Section 8 is going to lose two months' rent just getting the necessary approvals. As a landlord, one can skip Section 8 and have less frustration and quicker rental income.
Then there is the frustration involved with Section 8 inspectors. A property owner I knew shared her story about a Section 8 inspector who went through all eight newly remodeled apartments in her small building without finding any violations to write up.
He then circled the building without finding any problems outside either. So he went into an apartment — newly remodeled, remember — for a second time and was thorough enough that time to finally discover a small gap around a drain pipe going through the wall under the sink that was — in his opinion — a bit too large.
That was enough to allow him to write her up — and he did so.
Finally, I personally witnessed a Section 8 inspector do a mid-lease inspection and discover that a plastic burner knob on the kitchen range was broken. The tenant had not told us about it because she considered it "not important."
But we could not find a replacement knob locally and had to special order it. Which we did the same day of the inspection.
Our thanks for that speedy action? We were docked two weeks rental income because it took that long to receive the knob, plus 60 seconds to install it.
Would I be prejudiced against the idea of accepting a Section 8 tenant if I currently had a property to rent? Absolutely. But the prejudice is toward the Section 8 bureaucracy, not the people holding the vouchers.
Anyone wanting to help people have more housing opportunities with Section 8 vouchers needs to start by working toward having the Section 8 inspectors be a lot more landlord-friendly.
James W. Gatton


Read more: http://www.baltimoresun.com/news/opinion/readersrespond/bs-ed-housing-vouchers-20130512,0,746258.story#ixzz2TI4wCCNe


Monday, May 13, 2013

Asset Protection - Learn how to Protect Yourself from Lawsuits and Taxes


Asset ProtectionAttention Landlords and Business owners.

Your invited to attend this free educational workshop on the ways to own you business and real-estate assets.

Please join us and Attorney Justin Vartanian with Devine Millimet Firm
Here is a sampling of what you have to look forward to at the EVENT:
  • Will an LLC really protect you?
  • How can I protect my real-estate holdings?
  • What are the best ways to transfer my assets to my children?
  • Can I reduce my tax liability?
You work to hard for what you have.
Come learn how to protect yourself from lawsuits and taxes.
We can help find you money with out process.
All that attend get a free consultation and you can
get a complementary LLC set up for you.

Don’t miss this great event, REGISTER today!
Tuesday May 21

7:00 - 9:00 PM

Location:

50 Queen City Ave.
Manchester NH
Community Room

603-232-9195

Sunday, May 12, 2013

How to Avoid a Lead Abatement Order - Absolutely essential for property owners, managers and maintenance personnel.


From Nick Norman

Contact Landlord Resources Network,603-432-5549, office@LandlordResourcesNetwork.com, for Registration and more Information

I recently had a fellow landlord call me after having received notice that children in one of his rental units was tested will elevated blood lead levels (one in the lead order trigger range.  He really needed the info in the "How to Avoid a Lead abatement Order" course.

So I’ve put together a short notice, impromptu, small class so he can get the info.  Come join us.  You will have lots of opportunity to ask me questions in the small class environment.

(details below).

The course is absolutely essential for property owners, managers and maintenance personnel.

The "How to Avoid a Lead Abatement Order" course will teach you a wealth of information on NH law related to lead orders, what are the triggers to getting a lead order, how to keep the property safe & the children safe so you avoid getting a lead order and what to do to keep the child safe and keep the property from escalating to a lead order if you get a notice of a child's lead elevation.

New for this course:
1. If you like, you can ask us a confidential question and we will get an answer for you from the state and health agencies with out having to divulge any info on you or your property location. (Although I can say they are more supportive than you think).
2. What to do and not do if you get notice of a child's elevated lead level.
3. Audit pricing, if you already took the course & want to review it, we have a special low price for you.

The essentials:How to Avoid a Lead Abatement Order
Presented by Nick Norman, Landlord & EPA/HUD RRP Instructor
Saturday, May 18, 2013 9:00 am – 1:00 pm  (Registration 8:45am)
$60 Tuition, $30 Audit
Course location is in Dover, NH.  More details when you register.

Contact Landlord Resources Network, 603-432-5549, office@LandlordResourcesNetwork.com, for Registration and more Information
Please feel free to pass this info on to other landlords, property managers and maintenance staff. Text of the flier is included below.

Love & Light,
Nick Norman, Manager
603-432-5549

Legislative Update - Bedbug Bill still awaits signature. Abandonment still in Senate. Three other Bills Passed


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

=======
Howdee everyone,

A few bills this week have decisions or reports filed. Legislative activity for us is now really slowing down.

HB413, Abandonment.
If you have not done so already please contact the your Senator and ask them to vote in favor of the bill as amended. 
HB482, The Bedbug Bill, is still making its way to the governor.
If you have not done so yet, please contact the governor’s office & ask her 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

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:None scheduled so far

Next week:None scheduled so far

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.
=====================
HB543, Ascertaining Damages To Abutting Landowners
Property Owner Position: For
General Status: SIGNED BY GOVERNOR
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

HB655, Deferred Taxes For The Elderly Or Disabled
Property Owner Position: You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED

HB278, Voluntary Sprinkler Systems
Property Owner Position: You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED
=====================
==============================================
Full details on all bills above: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.
=====================
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 Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0543.html
Analysis Stated in Bill: This bill establishes a procedure for ascertaining damages to private land when a highway is maintained or repaired in a manner that changes the grade or drainage of the property, including changes in drainage structures such as culverts or ditches.

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

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

For those of us with property in downtown locations this bill will not have any major impact on us. For anyone with property in more rural locations, this bill may help as it is much clearer than existing law.
=====================
HB482, The Bedbug Bill
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 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.
=====================
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.
=====================
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.
=====================

Thursday, May 9, 2013

DEPARTMENT OF ENERGY Lead-Safe Weatherization TRAINING for Crews and Mgrs

 
DEPARTMENT OF ENERGY
Lead-Safe Weatherization
TRAINING
for Crews and Managers
 2012 Curriculum 
Topics Covered in Class:
*What Lead Is
*Where Lead can be found Today
*Compliance Requirements of DOE,EPA and OSHA
*Lead Paint Hazards faced in Weatherization
Next Class:
Monday  May 13, 2013
from
 8 am- 2:30 pm
Lunch Included
Must Register In Advance
 
   
                        251 Pine Street Manchester, NH 03103              Office:(603) 203-6430

Saturday, May 4, 2013

Legislative Update - Bedbug Bill still waiting for Governor Hassan; Abandonment Bill "ought to pass"


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

A few bills this week have decisions or reports filed.

HB413, Abandonment, has been voted “Ought to Pass” by the Senate Judiciary Committee and will now make its way to the Senate floor.
Please contact the your Senator and ask them to vote in favor of the bill as amended.

HB482, The Bedbug Bill, is still making its way to the governor.
If you have not done so yet, please contact the governor’s office & ask her to vote in favor of the bill. The 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

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:None scheduled so far

Next week:None scheduled so far

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.

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

HB413, Abandonment
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Ought to Pass Amended

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: REREFERRED

HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Property Owner Position: You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED

==============================================
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 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
=====================
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.
Summary:

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.
Talking Points:
=====================
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.
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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 atte
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.
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