Monday, June 24, 2013

Free Tax/Organization Workshop






Tax organization/system training
You and your guest are invited to attend this free Tax workshop 
to help you:
  • Develop a receipt filing system to help if you ever got audited.
  • Track you mileage with no hassle.
  • Get more deductions to save you money.
  • Set up your business to avoid headaches.
  • Come and learn how to save money.
To register please click here

Date: Saturday July 6,2013
Time: 9:00-11:30 AM
Location: 50 Queen City Ave., Manchester, NH

Questions? Please call 603-641-2527

Thursday, June 20, 2013

Announcing...Healthy Care NH

Announcing...Healthy Care NH

Look how you can improve and save on your health care cost.
  1. Employee family health insurance $5,000 deductible cost $1,800/mo.
  2. Higher deductible $10,000 $600/mo.
  3. Risk to employee is $10,000 but they save $1,200/mo.
  4. Add HealthyCare to help offset some of the risk. $214/mo.
            $1,800 old plan ($5,000)
            $600 New plan ($10,000)
            $1,200 saving monthly.
                -$214 for family 4 HealthyCare coverage.

 
                +$986 a month to the family/employer.
HealthyCare program give you your own personal Physician access to Urgent Care center with no additional cost.

To learn more about way to help reduce your cost and employee financial stress please call:
Rick Blais
 603-641-2527

www.primericaworkshops.com

Wednesday, June 19, 2013

Free Lead Paint Training Class in Rochester NH July 19, 2013

 Are You A Self-Employed:
*Plumber *Landlord  *Renovator 
*Electrician *Carpenter *Property Maintenance Worker
 *Siding Contractor *Window Replacement Worker *Painter
FREE
EPA/HUD Lead Paint
 Certification (RRP)
 Training Class
  Grant Funded by the EPA 
In Rochester, NH
 on July 19, 2013
Certain Restrictions Apply
MUST Register in Advance by Calling
Space is Limited! CALL TODAY!
Optional - FREE BLOOD LEAD LEVEL TESTING!!

Monday, June 17, 2013

Legislative Update - Abandonment Bill still waiting for Governor; Rooming House hearing on June 18th

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

=======

Howdee everyone,

HB413, Abandonment.
Passed the Senate.
If you have not done so yet, please contact the governor’s office & ask her to vote in favor of the bill as amended by the Senate.
You can contact Governor's office at 271-2121
or
You can e-mail the governor by going to the following website:
http://www4.egov.nh.gov/governor/goveforms/comments.asp

HB472, Definition Of Tenancy In Rooming Houses
Scheduled for another hearing to resolve differences between House and Senate amendments.

For more detailed information such as property owner position, committee contact info, talking points, and more, see below.
(to jump right to bill detail, use Control-F, Find).

This week:06/18/2013 at 01:00 PM    LOB 302
HB472, Definition Of Tenancy In Rooming Houses

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.

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.
=====================
HB413, Abandonment
Property Owner Position: For
General Status: PASSED
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
General Status: In the SENATE
House Status: CONFERENCE COMMITTEE
Senate Status: CONFERENCE 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:

Email to Committee:
To:
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.
=====================
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.
=====================

Wednesday, June 12, 2013

Legislative Update - Several More Bills have Passed; Governor signs Bedbug Bill; Abandonment still waiting

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

Howdee everyone,

We’re wrapping up the legislative season so you’ll see less updates from me now.

HB482, The Bedbug Bill, has been signed by the governor.  Big thank you to all that emailed, mailed, called their legislator and the Governor.

HB413, Abandonment.
Passed the Senate. Waiting for Governor's vote.

If you have not done so yet, please contact the governor’s office & ask her to vote in favor of the bill as amended by the Senate.
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


Several more bills decided.  See below.
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

==============================================
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.
=====================
HB413, Abandonment
Property Owner Position: For
General Status: PASSED
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB482, The Bedbug Bill
Property Owner Position: For
General Status: SIGNED BY GOVERNOR
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: SIGNED BY GOVERNOR
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB42, Applications For Appraisers License
Property Owner Position: Limited Impact; You Decide
General Status: PASSED
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: CONCURRED

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

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

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

==============================================
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:

Email to Committee:
To:
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.
=====================
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.
=====================
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:

Email to Committee:
To:
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
=====================
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:

Email to Committee:
To:
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.
=====================
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:

Email to Committee:
To:
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, June 10, 2013

Lead Abatement Training Class in Littleton NH



State Of New Hampshire 
Lead Abatement Contractor/Supervisor and Worker 
Training Class
 For Special Price of $180!!
typically $500 to $600
 Funding in part by:
 the NH Housing Lead Program

Supervisors and Contractors 
June 17, 2013 to June 21, 2013 

Optional Testing for State License on June 21, 2013

Workers 
June 17, 2013 to June 19, 2013

Location:
69 Meadow Street
Littleton, NH 03561

From: 8 am to 5 pm each day

Breakfast and Lunch Provided!
To Register for the Class
Space is Limited! CALL TODAY!
Optional - FREE BLOOD LEAD LEVEL TESTING!!

251 Pine Street, Manchester NH 03103 (603) 203-6430 

Wednesday, June 5, 2013

June 2013 - NH Landlord/Realtor Events and News

BedBug and Abandonment Bills

Still no word on the Bedbug and Abandonment Bills.  As soon as we receive word, we will let you know.


Nick Norman and the RPOA

I would like to thank Nick Norman and the RPOA for their hard work throughout the Legislative Season. We are fortunate to have so many dedicated individuals who are willing to take the time to look out for their fellow NH Landlords.

Lead Training Classes

Laconia: Free EPA/HUD Lead Paint Certification Training Class
When: June 20, 2013
Certain Restrictions Apply.  MUST Register in Advance by Calling 603-203-6430

Realtor Training Class  -Earn 3 CEUs
Topic: Lead Safety in the Home
This half day class is focused on information pertinent to the real estate professional. 
When: June 26, 2013 from 8am to 12pm
Location:  Lead-Edu, 251 Pine St Manchester 03103
Click here to register

Landlords in the News

Maryland woman awarded $800K after suing landlord over bedbug infestation that caused her to lose practically everything.

Why I will Never Advertise my Apartments on Craigslist