Legislative Update - Feb 23, 2014 - One More Week to Stop this Bill

This Legislative Update provided to Landlord Connection customers by Nick Norman, Director of Legislative Affairs for the RPOA

Howdee everyone,

Turns out the legislature is on vacation this week. So we get one more week to get the House to vote against HB1409, Anti-discrimination Section 8, Domestic Violence.  This is THE big real estate bill of the year and it will have a dramatic negative impact on your real estate business.

The Judicial Committee voted 11 to 7 to pass this bill. It goes to the full house next week.  We need EVERY landlord to call & email their Representative (not Senator just yet), educate them on this horrendous bill and ask them to vote against it so it stops right here before crossing over to the Senate. 

We need everyone to:

1. Review the summary of the Bill below.

The entire Bill is located here: HB 1409

2. Contact your local representative and ask them to vote against the bill with detailed reasons why.

3. Contact the representative where you own property. Ask them to vote against the bill with detailed reasons why.

4.    Email all representatives ask them to vote against the bill with short summary why.

Click Here: To find both your Representative & Senator 

To send an email to all House of Representatives use:HReps@leg.state.nh.us

Detailed information is listed below.
…….…….…….
Short summary of HB1409
If H1409 passes:
Tenants that receive housing assistance of a variety of kinds (Section 8, Veterans, possibly others) & victims of domestic violence, sexual assault & stalking will all now be a “Protected Class” which means they are protected from discrimination.

To get this protection a person only need call the police or violence center once (whether their claim is true or not) and now they are a protected class for life!
(Page 1 line 10; Amend RSA 354-A:2 new paragraph XVII)

Note there is no verification or judicial process on this call.  It is well know that there are many false claims and temporary orders that never carry through to permanent restraining orders.

It is well known that domestic violence victims often invite back in their perpetrators.  With HB1409, all other tenants in the building would be subject to disturbance and increased safety risks of living next to the violence.

When we speak to law officers, other landlords and attorneys many have said that it often happens in divorces and violence cases that both victim and perpetrator make calls and claims against each other.  Under HB1409, the perpetrator will now be a protected class.

Further we have been instructed by legal counsel that if a tenant’s bad credit or bad landlord references are because of the violence then denying them an apartment for that bad credit or bad landlord references would be discrimination.

Many landlords will hesitate to not accept a protected class in fear of an anti-discrimination proceeding, which makes the state essentially forcing landlords to accept both Section 8, Violence Victims and Perpetrators.
Further if an existing tenant finally makes it through the long wait for Section 8 eligibility then that present landlord would be forced to take the HUD government contract that comes along with Section 8.

Once a building has only 1 Section 8 tenant then that apartment and the entirety of common areas and exterior fall under HUD rules including HUD RRP rules which bear significant increased expenses.  See details below.

Did you know that some insurance companies have an “internal policy” that they will not write property insurance if there are more than a certain percentage of Section 8 tenants.  Landlords may now be forced to accept conditions that would cause the insurance to be canceled which in turn would cause the bank to call the mortgage.  The landlord would now be forced to get “surplus market” more expensive insurance or face a foreclosure.Hearings this Week:
NoneNext week:
03/03/2014 at 10:00 AM    LOB 301
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide

03/03/2014 at 10:30 AM    LOB 301
HB1171, Veterans Property Tax Credit
Level of Response: You Decide
Property Owner Position: You Decide

03/03/2014 at 02:00 PM    LOB 301
HB1333, Eliminate Fraudulent Use of Elderly Property Tax Credit
Level of Response: Email Legislators
Property Owner Position: For

03/04/2014 at 10:15 AM    LOB 103
SB368, Increase Max Fine Re: Lead Remediation
Level of Response: Email Legislators
Property Owner Position: Against

03/05/2014 at 09:30 AM    LOB 102
SB374, Standardize Terms Domicile & Residency
Level of Response: You Decide
Property Owner Position: You Decide
Please email or call your legislator to give them your input on the bills still active & ask your legislator to vote in our favor.

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
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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.
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Bills Updated Status summary:We only list the committee reports on the most important bills affecting the real estate business.  If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line.  Its not terribly hard to get but not straight ahead either.

HB1283    
Title: relative to a homeowners association's authority to collect back dues following revival of the association's charter.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: none

HB1369    
Title: adopting the Uniform Marital Property Act.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none

HB1207    
Title: relative to identification of the source of legislative bill proposals.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none

HB1111    
Title: clarifying the term "valid claim" for property insurance.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none
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Full details on all bills above: HB1283, Rights on Revival of Condo Charter
01/16/2014 at 10:45 AM    LOB 302
Title: relative to a homeowners association's authority to collect back dues following revival of the association's charter.

Summary: This bill does not directly affect private landlords, unless the landlord is renting out a condo in a community where there is a home owners association. Given the limited number of our membership that would be affected by the bill we leave this to you to decide if it affects you and how is best for you to respond.

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1283

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1283.html
Analysis Stated in Bill:

Talking Points:
Limited Impact, no talking points developed.
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HB1369, Uniform Marital Property Act
01/21/2014 at 01:00 PM    LOB 206
Title: adopting the Uniform Marital Property Act.

Summary: This bill would have New Hampshire adopt the Uniform Property Act  probably drafted by a committee who proposes such legislation for the country as a whole.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H37

Email to Committee:
To: 0
Subject: HB1369

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1369.html
Analysis Stated in Bill:

Talking Points:
The purpose of uniform codes is that all states that adopt the act have almost the same laws in that area of the law. For commercial transactions, this is very important.  Martial property laws have varied from state to state in the past.

Much of what is in this bill is the law in the State of New Hampshire. For instance, the division of a pension in a divorce follows the law that was developed by the Courts in deciding cases.  The bill also follows the general principal that all marital property is to be divided equally upon a divorce but the trial court has the power to make an unequal division based upon certain factors set forth in another statute.

The bill is far to complicated to provide a short and comprehensive summary.  Further, to accurately explain how the bill changes New Hampshire law will require the analysis of someone who has knowledge of current marital property laws which we don’t have.

The bill is very important to people who are involved in divorces, fights between spouses regarding the gifting or management of assets, probate, and other property division matters between spouses.

NH has not been a "community property" state.  I don't know if this would force NH into a "community property".  Would it prohibit the legal functioning of prenuptual and co-habitation agreements?

Many questions need to be answered here.  If you believe this affects you please get involved.
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HB1409, Antidiscrimination Section 8, Domestic Violence
01/21/2014 at 01:30 PM    LOB 208
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.

Summary: Proposed and drafted by NHLA (tenant advocates) expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance (any kind of assistance including Section 8) and any one who claims to be a victim of domestic violence, sexual assault, or stalking.  Note: merely making an unverified call to the police or violence center would constitute some one now in a protected class.

Property Owner Position: Against

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

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1409

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1409.html
Analysis Stated in Bill:

Talking Points:
WE NEED EVERYONE INVOLED.

This bill makes two significant changes by adding two distinct and separate categories to RSA 354-A.

First addition to the protected classes (protected from discrimination) is any person who has merely reported to law enforcement, a victim’s violence center, or obtained a temporary or permanent protective order.

The second addition to RSA 354-A the protected classes (protected from discrimination) is for people who receive rental assistance..

We met with NHLA about this bill and were told two of the reasons NHLA put forward the bill are:
1. NHLA was told that people in these classes have difficulty finding apartments. However, NHLA has not provided any statistics to back this up.  Further people have 60 days to locate an apartment that can be extended up to 120 days.  If they work as hard at finding an apartment as the members of the legislature do during a session they should be able to locate an apartment within the allotted time frames.

We were told the victims of domestic violence sometimes have trouble getting apartments because they come with bad landlord references.

2. The second reason is that NHLA feels all tenants should be able to live where they want (despite their bad landlord references) and that these classes of tenants would  have a better chance of improving theirs situations if they could live in better areas.

Note that rental assistance vouchers have rental amount limits as to how much can be spent on rent.
Does this mean that all public housing that concentrates poor people in one project should be eliminated?

There are so many problems with this bill it is crazy.  Here goes a listing of some.
1. Abusing the system by tenants
To obtain this protection against discrimination one would merely need to report abuse to any law enforcement officer or a violence center. Making a lie to a victims violence center is not a crime. Many people have no problem not telling the police the truth to get what they want, or filing a false affidavit to obtain a temporary order.  Just reporting the domestic violence or stalking is enough.  There is no judicial review or any determination of truth to obtain this protection.  It is easy to abuse the good intentions of the bill to the detriment of the landlords.

Many times at an apartment couples are arguing and the police are called. Now that arguing couple is a protected class and you can’t evict because an agency was called. This is really poorly written and will create another opportunity for a professional tenant to get away without paying rent. A landlord should be able to evict if there is a problem tenant. If the abuser keeps coming back and starting an augment the landlord and neighboring tenants will be stuck with the problem tenant and lose the good law abiding ones because of this law.  A “professional” tenant could make good money here.

2. Perpetrators allowed back in by victim.
Second: many times the victims allow the perpetrator into the new apartment. Other tenants to be in danger if new tenant who is victim of DV lets abuser back into their living space.  What if one of the tenants are harmed by the perpetrator.  Can the landlord now be held some how liable because the landlord could not do anything to eliminate the perpetrator?
If this happens, landlords have limited ability to evict unless they are witnesses to new abuse or disturbance of the peace.  The eviction requires a 30 days notice plus all the time the courts take  so it could take 2 to 3 months at a minimum to evict the perpetrator.  Mean time all the other tenants in the building who are subject to the fights, generally are reluctant to call police, and may move on account of the continued problem.  Now the landlord is only left with the troubled unit and will likely have trouble rerenting because of the troublesome unit.

Both law enforcement officers and attorneys testify that it is not uncommon for both victim and perpetrator to register complaints about each other.  Under this bill the perpetrator would be a protected class.

Ultimately we need to stop this bill entirely.  If the bill moves forward, it needs to provide safeguards against abuse of the protections for victims, and needs to provide a way for a landlord to have the perpetrator removed quickly from the rented unit if the perpetrator was not on the lease or rental agreement, or a tenant. Only victims who have obtained a permanent order and have maintained the order should have this protection.

3. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work.  The Section 8 lease and contract is very large with an extreme number of clauses.  Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant.  Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.
Did you know that having a housing assistance tenant forces you to follow HUD RRP rules instead of EPA RRP rules.  The HUD rules are more restrictive and expense to follow which will absolutely increase your expenses and create more vacancy.
f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a dysfunctional  Congress.  Who knows what they will continue to fund.
h. Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face financial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.

The bill gives people on sec 8 & any type of housing assistance greater rights than people who work and pay rent from their paychecks.

4.  Limited ability to screen new tenants.
This will force you to accept Section 8 tenants.  You will not be allowed to deny someone your apartment if they have bad landlord references or bad credit if those references and credit are "caused" by the domestic violence, sexual assault, or stalking.  Maybe this could be stretched to say the reasons that cause a tenant to be eligible for Section 8 are the reasons for their bad credit.  If so landlords could not refuse a Section 8 tenant because of their bad credit.  Could that be extended to say the could not be refuse because of bad past rental payments.

5. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence.  How could you know that some one is a victim of domestic violence  or if they have reported domestic violence or verify of these?  What does that mean?  To be safe from a discrimination lawsuit a landlord must simply accept anybody?   This could easily open up many “frivolous” lawsuits against landlords.

6. Potential issues with property insurance
Some insurance companies won’t do insurance if Section 8 more than 20%-50%. Standard Insurance companies research shows that if there is a majority of a building rented to Section 8 occupants there tend to be more claims and less maintenance is done on the building.  We have been told by insurance agents that it is their right not to insure the building in that situation.

This is a terrible bill for landlords. Stay tuned, contact you legislators and ask them to vote against HB1409.
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HB1207, Reveal Source of Legislative Bill
01/23/2014 at 02:00 PM    LOB 104
Title: relative to identification of the source of legislative bill proposals.

Summary: Requires the office of Legislative Services or a member of the legislature to disclose the source of a model act in the bill's analysis.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H12

Email to Committee:
To: 0
Subject: HB1207

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1207.html
Analysis Stated in Bill:

Talking Points:
We think this is a good idea, so that everyone who follows legislation has this disclosure. This bill requires the identification of a private organization responsible for distributing a model act used by a legislator to propose legislation, as provided by the legislation’s prime sponsor or as identified by a third party.
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HB1111, Insurance Not Canceled After Claim
01/30/2014 at 10:00 AM    LOB 302
Title: clarifying the term "valid claim" for property insurance.

Summary: Does not allow insurance companies to cancel policy after a claim.

Property Owner Position: For

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

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1111

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1111.html
Analysis Stated in Bill:

Talking Points:
This bill amends current law which prohibits an insurance company from not renewing a homeowners insurance policy if the homeowner made one valid claim within the previous year or policy period.  The bill adds the following: "Inquiries about coverage do not constitute a valid claim."

Although the bill effects homeowners policies and not commercial policies, it may effect our membership who have owner occupied units, such as duplexes. The problem with the bill is that it is unclear if it opens the door to non-renewal if the homeowner inquires about coverage and does not file a claim, which does not appear to be the intent of the bill. It maybe covered elsewhere in the statute, and common sense would say that an inquiry without a claim should not be grounds for the non renewal of a policy.
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HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
03/03/2014 at 10:00 AM    LOB 301
Title: allowing town and cities to waive a portion of the interest due on late property tax payments in special or extraordinary circumstances.

Summary: This bill would grant authority to local governing body of any municipality to waive a portion interest accrued on unpaid taxes upon request of the person liable for the taxes, when the governing body determines that there are special or extraordinary circumstance that require such a waiver.

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1196

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1196.html
Analysis Stated in Bill:

Talking Points:
The bill does not give any guidance as to what are special or extraordinary circumstances, not does it specify what portion of the taxes can be waived.

There are circumstances where the interest should be waived, for instance the tax bill was wrong and the property owner was over taxed, and the property owner paid the correct amount of the tax.  It is not at all clear if the financial circumstances or health of a property owner would be such special circumstances.  Because the bill is so unclear, we do not feel that we should support it.  We also do not think that we should oppose it, as one of us could end up benefiting by such a bill.  You decide.
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HB1171, Veterans Property Tax Credit
03/03/2014 at 10:30 AM    LOB 301
Title: relative to eligibility for the veterans' property tax credit.

Summary: This bill would give a property tax credit to every state resident  who is in active duty in the US military for at least 4 years and has served in an armed conflict for not less than 90 days.  The tax credit would continue after an honorable discharge from the military for life.

Property Owner Position: You Decide

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

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1171

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1171.html
Analysis Stated in Bill:

Talking Points:
The bill is a "Thank you" for risking life and limb to our current forces and combat veterans.
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HB1333, Eliminate Fraudulent Use of Elderly Property Tax Credit
03/03/2014 at 02:00 PM    LOB 301
Title: relative to the elderly property tax exemption.

Summary: The bill would not allow the elderly tax exemption if the house was being used by someone who moved into the elderly person’s home and had income above certain limits. It is to prevent someone who has income from moving in with an elderly person and avoid paying his or her fair share of taxes.

Property Owner Position: For

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

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1333

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1333.html
Analysis Stated in Bill:

Talking Points:
This bill would reduce the elderly tax exemption if the owner shares the house with someone who is not the owners spouse and is over 18 with a personal income of over amounts set by the local community, but not less than $13,400 for a single person or $20,400 for a married person.

Since exemptions raise taxes for everyone else, and this bill only effects people who the legislature deems to have sufficient funds to pay part if not all the property taxes, we should support the bill.
=====================
SB368, Increase Max Fine Re: Lead Remediation
03/04/2014 at 10:15 AM    LOB 103
Title: increasing maximum fine for lead remediation.

Summary: The current maximum fine, pursuant to the New Hampshire  on lead paint, RSA 130-A is $2,000 for each violation of the law.  This bill would increase the fine to $5,000. Violations of the law include failure to allow inspections, failure to remediate if an order is issued, failure to relocate a tenant in certain circumstances and more.

Property Owner Position: Against

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

Email to Committee:
To: peggy.gilmour@leg.state.nh.us; molly.kelly@leg.state.nh.us; nancy.stiles@leg.state.nh.us; john.reagan111@gmail.com; andy.sanborn@leg.state.nh.us; ;
Subject: SB368

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0368.html
Analysis Stated in Bill:

Talking Points:
You decide talking points on this one.
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SB374, Standardize Terms Domicile & Residency
03/05/2014 at 09:30 AM    LOB 102
Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.

Summary: It appears that there is currently a law to establish a commission to review and make recommendations to standardize the terms domicile and residency in state statutes.  This bill repeals the current law and enables a new commission to report its findings before Nov 30, 2014.

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: SB374

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0374.html
Analysis Stated in Bill:

Talking Points:
none developed so far.