Monday, April 28, 2014

Legislative Update 4/28/2104 - Contact Committee Members and Urge them to Vote against HB1409

This Legislative Update provided by Nick Norman, Director, Legislative Affairs for the RPOA.

Howdee everyone,

Thank you to all that showed up at the Senate public hearing for HB1409 Anti-Discrimination and to those that wrote in and called the Senate Judiciary Committee.

Action item 1:
HB1409, Anti-Discrimination, the last public hearing was this past week.  The Senate Judiciary committee is now in the process of deciding how to vote on this important bill. So…
this IS the critical time to contact the Senate Judiciary committee and urge them to vote against HB1409.

Senate Judiciary contact info is immediately below this email.

We’ve reviewed a sample Section 8 HAP Contract (what you would call a Section 8 lease) & highlighted, in the updated talking points, many troublesome perhaps unconstitutional clauses and points.  A sample contract is located at http://www.csha.us/HUD-52641.pdf.  Read it and see if this is really something you want to be forced into signing.

Regarding HB1409 Anti-Discrimination
If you haven’t done so already we need everyone to:
1. Review the updated full detail of HB1409 further below.
2. Email Senate Judiciary committee and urge them to vote against HB1409.
   (See Senate Judiciary committee contact info immediately after the body of this email.)
3. CALL Senate Judiciary committee and urge them to vote against HB1409.  (It greatly adds impact if you call them).
Action item 2:HB1274, Quarterly Semi-annual Rent
Is now on its way to the governor.  This is a simple bill that we support.  See Full Detail.  Write and call the Governors office asking the governor to pass this important bill. (Governor contact info is just below this email).

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

Important Updates:HB1409 Anti-Discrimination had the final Public Hearing.
It is highly contested on both sides.  We really need you to weigh in against the bill.

HB1336, $500 Fine For Failing To Register Landlord Agent
Has been voted Inexpedient to Legislate (killed).

SB347, Fines related to Landlord Agent Registration
$100 fine. Has now passed both House and Senate.

HB590, Unauthorized Practice of Law
Has now passed both House and Senate.

Executive Sessions: (Bills being debated & potentially decided)SB333, Clarify Term Manufactured Housing
TUESDAY, APRL 29MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB
9:30 a.m. Subcommittee work session SB 333,
relative to property taxation of manufactured housing.
10:00am Executive Session

SB243, Business Profits, Real Estate Transfer Tax
TUESDAY, APRIL 29 WAYS AND MEANS ROOM 202 LOB 1.30PM EXECUTIVE SESSION SB 243,
(New Title) relative to the carry forward of a
credit against the business profits tax, rulemaking concerning the real estate transfer tax, the
disclosure of certain department of revenue administration records, and the tax on unstamped
tobacco products

SB374, Standardize Terms Domicile & Residency
THURSDAY MAY 1ELECTION LAW, Room 308, LOB
11:00 a.m. SB 374, continued executive session.

SB267, Extend  Effective Date Integrated Land Permits
THURSDAY MAY 1
RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB
10:30 a.m.
Executive session on
SB 267,

This week:04/29/2014 at 10:00 AM    SH 100
HB1237, Prevent Communities from Restricting Sexual Offender Residency
Level of Response: You Decide
Property Owner Position: You Decide

04/29/2014 at 10:30 AM    LOB 202
SB368, Increase Max Fine Re: Lead Remediation
Level of Response: Email Legislators
Property Owner Position: Against

Next week:None scheduled so far

Bills on way to Governor:HB227, Casualty Insurance Carriers File Retention & amendments
Property Owner Position: You Decide

HB1274, Quarterly Semi-annual Rent
Property Owner Position: For

HB1111, Insurance Not Canceled After Claim
Property Owner Position: For

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
==============================================
HB1409 Senate Judiciary committee.The Committee Meets in the State House, Room 100
Sharon Carson  Chairman, Republican
District 14 covers Hudson, Auburn and her hometown of Londonderry
(603) 271-1403, sharon.carson@leg.state.nh.us
Home, 19 Tokanel Road, Londonderry, NH 05053, (603) 434-2489

Bette Lasky  V Chairman, Democrat
District 13 comprised of Wards 3, 4, 6, 7, 8 and 9 in her hometown of Nashua
(603) 271-4151, bette.lasky@leg.state.nh.us
Home, 15 Masefield Road, Nashua, NH 03062, (603) 888-5557 (Home), (603) 315-1924 (Cell)

David Boutin, Republican
District 16 covers Bow, Candia, Dunbarton, and Manchester Wards 1, 2 and 12 along with his hometown of Hooksett.
(603) 271-3092, david.boutin@leg.state.nh.us, dboutin1465@comcast.net
Home,  1465 Hooksett Road #80, Hooksett, NH 03106, (603) 203-5391

Sam Cataldo, Republican
District 6 towns of Alton, Barnstead, Farmington, Gilmanton, and New Durham as well as the City of Rochester.
(603) 271-4063, sam.cataldo@leg.state.nh.us
Home, 120 Hornetown Road, Farmington, NH 03835, (603) 859-1089

Donna Soucy, Democrat
District 18, comprised of Wards 5, 6, 7, 8 and 9 in the City of Manchester and the Town of Litchfield
(603) 271-4151, donna.soucy@leg.state.nh.us
Home, 91 Alexander Drive, Manchester, NH 03109,
==============================================
For other bills besides HB1409
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”

To write to all House of Representatives use:
HReps@leg.state.nh.us
==============================================
Governor's office is 271-2121You can e-mail the governor by going to the following website:
http://www4.egov.nh.gov/governor/goveforms/comments.asp
==============================================
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.
==============================================
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.  It’s not terribly hard to get but not straight ahead either.

HB590, Unauthorized Practice of Law    
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1196, Special Circumstances To Waive Interest On Unpaid Taxes    
Title: (New Title) relative to abatement of property taxes
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
AMENDED BY SENATE WILL NEED COMMITTEE OF CONFERENCE
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB347, Fines related to Landlord Agent Registration    
Title: relative to municipal enforcement of land use ordinances.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB315, Establish Board For Licensing Building Officials    
Title: establishing the board of building officials.
Property Owner Position: For
House Status: INTERIM STUDY
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB306, NH Study Commission on Foreclosure Law    
Title: establishing a commission to study New Hampshire mortgage foreclosure law, new federal regulations, and fair foreclosure practices.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
On Consent Calendar; MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY:INEXPEDIENT TO LEGISLATE
Rep. Kermit R Williams for the Majority of Commerce and Consumer Affairs. This bill creates a commission to study New Hampshire foreclosure laws. The commission’s directive is to study how well state
law aligns with the changes in federal law and to recommend policy changes that will align our law with
US law and promote fair foreclosure processes. The commission includes members from the legislature,
and from all aspects of the mortgage business, including bankers, Legal Assistance, and mortgage counselors.
Vote 9-7
Rep. John B Hunt for the Minorityof Commerce and Consumer Affairs. This bill seeks to establish a commission to study New Hampshire mortgage foreclosure law, new federal regulations and fair foreclosure
practices. Currently, NH laws are in compliance with all the new federal regulations. The complaints that
were heard during the hearing were old news and have been addressed in the past several years. Having a
commission made up of bankers and mortgage counselors will not necessarily lead to consensus and will only
result in reaffirming that the state laws are in sync with federal laws
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB333, Clarify Term Manufactured Housing    
Title: relative to property taxation of manufactured housing.
Property Owner Position: LimitedImpact; You Decide
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED

SB310, Commercial Tenant Brewer License    
Title: authorizing tenant brewing.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED

HB1532, Radon Results Notification    
Title: (New Title) relative to notification of radon and arsenic levels.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB375, Study Commission Flood Mitigation Fund    
Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB243, Business Profits, Real Estate Transfer Tax    
Title: (New Title) relative to the carry forward of a credit against the business profits tax, rulemaking concerning the real estate transfer tax, the disclosure of certain department of revenue administration records, and the tax on unstamped tobacco products.
Property Owner Position: LimitedImpact; You Decide
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1570, Paint Tax    
Title: establishing a paint stewardship program.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:

HB1336, $500 Fine For Failing To Register Landlord Agent    
Title: relative to the landlord's agent requirement.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: INEXPEDIENT TO LEGISLATE

HB1272, Excluding Fraternity Rental to Member from RSA540.    
Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:
CONSENT CALENDAR REPORTS HB 1272,
excluding certain leases by fraternal or social organizations from the definition of tenancy.
Ought to Pass, Vote 5-0.
Senator Carson for the committee.
This bill deals with a narrow section of landlord – tenant law affecting primarily fraternities and sororities. As these groups have special circumstances because of the populations they are dealing with, the
Committee supports excluding them from tenancy definitions as outlined in the bill.
==============================================
Full details on all bills above:HB590, Unauthorized Practice of Law
04/01/2014 at 09:00 AM    SH 100
Title: Title: relative to the unauthorized practice of law.

Summary: Allows a person who is not authorized to practice law but who is a member, or employee of a limited liability company, corporation, or partnership, which has 5 or fewer members, to represent the entity on civil matters (like evictions & small claims) in the circuit court of  New Hampshire.

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: HB590

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0590.html
Analysis Stated in Bill:

Talking Points:
HB 590 would amend RSA 311, the statute that enables the Supreme Court of the State of New Hampshire to regulate the practice of law within the state.  Under current law, any person may represent him or herself, or be represented by a person of good character.  All citizens are presumed to be of good character unless demonstrated otherwise.  However, no person shall be commonly permitted to practice as an attorney in court unless he or she has been permitted to do so by the court. (Current requirements are graduating from an accredited law school, which generally is a three year program on a full time basis and passing the New Hampshire Bar Exam, unless allowed to practice based upon reciprocity).

Basically, someone of good character can represent another person in court, but may not hold him or herself out as an attorney unless that person has been admitted to practice law in this state.

HB 590 changes the above to clarify that person of good character who is a member or employee of a limited liability company (an LLC), corporation, or partnership which has 5 or fewer members, shall, with the proper written authorization from the organization be authorized to represent the organization in Circuit Court.  However, there needs to be a new authorization for each appearance in court.

The bill, as amended, does not address properties held in a trust or an estate.  Also, a corporation has officers and shareholders and not members as does an LLC. I would think that the Courts would allow a corporation with 5 or fewer shareholders to make use of this bill, but not trusts or estates.

This bill is useful to the all businesses, including landlords, who are organized in LLC's, partnerships or corporations. It avoids the necessity to hire an attorney for evictions, collection suits both in small claims and circuit court level, other cases brought for and against the business person in circuit court. 

Most likely the authorization will have be given by the majority of the members of the LLC or shareholders of the corporation.  The acting or managing partners/members will likely have to give it for the partnership/LLC.

This allows any person of good character to represent the business in court with the proper authorization.  Note however, it does not, however, change any of the evidence required to prove a case. (The employee may not have personal knowledge that a tenant is behind in rent, but may have only been told that by the employer, which is hearsay and not admissible.)

We plan to propose a clarifying amendment to address corporations(not having members), trusts and also family LLC partnerships with more than 5 family members.

Being that different circuit courts presently interpret this situation differently from court to court, the bill would add clarity for circuit court judges.
=====================
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
04/01/2014 at 09:15 AM    SH 103
Title: Title: (New Title) relative to abatement of property taxes

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/Senate/committees/committee_details.aspx?cc=S17

Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@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.
=====================
SB347, Fines related to Landlord Agent Registration
04/01/2014 at 10:30 AM    LOB 301
Title: Title: relative to municipal enforcement of land use ordinances.

Summary: This bill amends the statute dealing with municipal citations so that any defendant who fails to respond to a citation is subject to fines and penalties set forth in RSA 676:17 ($275 for the first offense and $550 for each subsequent offense, as well as daily fines, attorney fees and more).
It also makes any person who fails to file a statement of a designated agent pursuant to RSA 540:1-c subject to a fine not to exceed $100.


Property Owner Position: Against

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: SB347

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0347.html
Analysis Stated in Bill:

Talking Points:
This is less than the house bill of $500, and just like the house bill does not state who enforces it, nor who receives the fine.  Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to these fines.  That landlord should be given notice to register by the city or town and a grace period before being subject to the fine.  Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement?  Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.

There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists.  They can look up assessment records/purchase records to find address for service.
This law that should not even exist.
=====================
SB315, Establish Board For Licensing Building Officials
04/01/2014 at 11:00 AM    LOB 306
Title: Title: establishing the board of building officials.

Summary: Establish a Board for the licensure and certification of building officials  who are charged with enforcing state building codes. The purpose of  this bill is to assure that building officials or inspectors are qualified, including having a knowledge of state construction codes. The board would also develop a code of ethics for these officials, which the officials would be required to comply with.

Property Owner Position: For

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

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB315

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0315.html
Analysis Stated in Bill:

Talking Points:
The code of ethics includes avoiding conflicts of interests. As with all similar boards, this board would have the authority and duty for rule making, set fees, process applications, test applicants, issue certificates, require continuing education and the like. There is a fiscal note attached to the bill that indicates this bill should not have a fiscal impact on county and local governments.  However, it may fiscally impact the courts by adding crimes to the state statutes.

We think this is a good idea.  However, it is unclear how it will impact us.  By making sure the building inspectors know the code, have to follow a code of ethics and the other requirements of the bill should help make code enforcement more uniform in the state.  It also gives us a procedure to follow if we determine that a building inspector is legally out of line. It could cause inspectors to be more strict to make sure they are in compliance with the rules of  the board.
=====================
SB306, NH Study Commission on Foreclosure Law
04/01/2014 at 11:30 AM    LOB 302
Title: Title: establishing a commission to study New Hampshire mortgage foreclosure law, new federal regulations, and fair foreclosure practices.

Summary: This bill would establish a commission to study New Hampshire foreclosure law, Federal Regulations, and Fair Forclosure Practices. The commission is as with all commissions, would then report back to the legislature its findings and recommendations, including aligning NH law with the federal regs.

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: SB306

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0306.html
Analysis Stated in Bill:

Talking Points:
This bill does not change any existing laws. Until we see what the commission recommends, and how it would effect us, we recommend no action.
=====================
SB333, Clarify Term Manufactured Housing
04/01/2014 at 02:00 PM    LOB 301-303
Title: Title: relative to property taxation of manufactured housing.

Summary: Immensely simple bill that clarifies "Manufactured housing".
In Property Taxes; Manufactured Housing amend RSA 72:7-a, I and I-a to read as follows:
Manufactured housing, as defined in RSA 205-A:1.

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: SB333

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0333.html
Analysis Stated in Bill:

Talking Points:
See Summary
=====================
SB310, Commercial Tenant Brewer License
04/01/2014 at 02:15 PM    LOB 302
Title: Title: authorizing tenant brewing.

Summary: This bill establishes a tenant brewer license authorizing the holder to enter into a partnership with a beverage manufacture to produce or package beer or specialty beer. For commercial applications.

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: SB310

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0310.html
Analysis Stated in Bill:

Talking Points:
Limited Impact, no talking points developed.
=====================
HB1532, Radon Results Notification
04/02/2014 at 09:45 AM    LOB 101
Title: Title: (New Title) relative to notification of radon and arsenic levels.

Summary: This bill would require sellers to disclose the results of any radon test of the air in the lowest level of the building for sale, that they know about, to buyers prior to entering into a purchase and sales agreement.

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: HB1532

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1532.html
Analysis Stated in Bill:

Talking Points:
The current law is that the sellers or their agent have to disclose the possibility of radon, but not test results. If this passes, similar to lead paint, if the building was tested, the test results have to be disclosed.

For the buyer's prospective, the buyer should be provided this information. It allows the buyer, including members of our group additional information that the buyer can use to make an informed decision.  Since only tests that have been done previously have to be disclosed, there is no additional cost to the seller. If the seller has this information, and does not disclose it, a buyer may have recourse against the seller for fraud under current law.

Some of our members say that radon does not have any scientific evidence of causing any immediate or potential health hazards.  There are no standardized testing locations listed.  A home will have higher levels of radon in basement than on second or third floors. This could lead to these tests leaving our homes/rentals as undesirable because there is radon present even though radon is also present is current outside air that we breathe.

An argument against the bill is that it is one step closer to requiring all buildings to be tested for radon, and eventually lead, and be remediated before sale.  Since we think that this argument would not be appreciated by the legislature we leave this one up to you.
=====================
SB375, Study Commission Flood Mitigation Fund
04/02/2014 at 10:00 AM    LOB 202
Title: Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.

Summary: The bill would establish a three person commission to study the creation of a flood mitigation fund for private property owners.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28

Email to Committee:
To: 0
Subject: SB375

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0375.html
Analysis Stated in Bill:

Talking Points:
We could be effected two ways. For those of use with properties subject to flooding, such a fund could be a life saver, especially where flood insurance is so expensive.  On the other hand, it could establish some sort of tax in order to have money to go into the fund.

Since the bill only would establish a commission to study the issue and make recommendations, we leave it to you to decide how to respond.
=====================
SB243, Business Profits, Real Estate Transfer Tax
04/02/2014 at 11:30 AM    LOB 202
Title: Title: (New Title) relative to the carry forward of a credit against the business profits tax, rulemaking concerning the real estate transfer tax, the disclosure of certain department of revenue administration records, and the tax on unstamped tobacco products.

Summary: This bill clarifies the taxable years for which the business profits tax credit for business enterprise tax aid may be carried forward. The bill also allows for rules concerning the real estate transfer tax to include examples in its rules regarding the transfer tax.  This is currently done in IRS regulations, which makes them easier to understand.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28

Email to Committee:
To: 0
Subject: SB243

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0243.html
Analysis Stated in Bill:

Talking Points:
Limited Impact, no talking points developed.
=====================
SB368, Increase Max Fine Re: Lead Remediation
04/29/2014 at 10:30 AM    LOB 202
Title: Title: increasing the 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/house/committees/committeedetails.aspx?code=H28

Email to Committee:
To: 0
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.
=====================
HB1570, Paint Tax
04/16/2014 at 09:45 AM    LOB 101
Title: Title: establishing a paint stewardship program.

Summary: Establish a program to collect waste latex paint,  oil based paint and stains by a non-profit organization, approved by the State

Property Owner Position: Against

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: HB1570

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1570.html
Analysis Stated in Bill:

Talking Points:
The bill establishes a tax on each pint to 5 gallon can of paint to fund the program. The drafters of the bill propose collection sites such that 90% of the population have a site within a 15 mile radius. It would require the steward to collect or arrange for collection of the waste paint (typically the left over paint at the end of a job) and have it reused or recycled. The application fee alone is $5,000

The original assessment to fund the program shall not exceed $0.35 for a can of paint of over 1/2 pint and less than a gallon, $0.75 for a gallon and $1.60 for cans over a gallon. (We will all want to buy 5 gallon containers to reduce the costs) This tax is the starting point.  The stewardship shall have the ability to ask the State for additional funding in future years.

The bill is fairly comprehensive in setting up the program, including giving rule making authority.  Retailers can serve as collection sites.  We predict that retailers will eventually be required to be collection sites, and the tax on paint will increase as people figure out the actual cost of running the program.

The costs for us as landlords should not be that great in the beginning.  This assumes that the average apartment does not need to be repainted for 2 or 3 years and takes 5 gallons of paint, the cost is $1.60 to $3.20 every 24 months.  If collection centers are within 15 miles, then the cost of bring the paint to a collection center is also not high, excluding labor.  But a landlord can hold onto partial cans of paint and make one trip per year, assuming he or she does not use the paint on another unit.

There is a market for left over latex paints, according to a quick search of the web. We do not know about oil based paints.  How the stewardship will be able to cover costs, and send the paint for recycling or reuse within the budget proposed in the fiscal note to the bill is questionable.

The annual initial costs are not high.  It is the future costs & bureaucracy that are a major concern.
=====================
HB1336, $500 Fine For Failing To Register Landlord Agent
04/16/2014 at 09:50 AM    LOB 102
Title: Title: relative to the landlord's agent requirement.

Summary: Imposes a fine of $500 for any landlord who fails to register a Landlord Agent in the city or town of the property

Property Owner Position: Against

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: HB1336

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1336.html
Analysis Stated in Bill:

Talking Points:
We need to address this bill and oppose it in its current form.  The bill does not state who enforces it, nor who receives the fine.  Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to this expensive fine.  That landlord should be given notice to register by the city or town and a grace period before being subject to the fine.  Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement?  Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.

There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists.  This is a crazy fine for a law that should not even exist.

Lastly, if this should go through the fine is way too expensive and should be $50, then $100, the cap at $200 on some type of time line to respond.
=====================
HB1272, Excluding Fraternity Rental to Member from RSA540.
04/22/2014 at 10:10 AM    SH 100
Title: Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.

Summary: This is a one line bill that would exclude residential units owned and rented by a fraternal or social organization to a member from being a residence under RSA 540.

Property Owner Position: LimitedImpact; You Decide

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: HB1272

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1272.html
Analysis Stated in Bill:

Talking Points:
Some of our members felt they were against this bill. Why should these organizations be exempted from the laws we have to follow?
=====================
HB1409, Antidiscrimination Section 8, Domestic Violence
04/22/2014 at 10:30 AM    SH 100
Title: 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/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: 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.

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

The second addition to the protected classes (protected from discrimination) is a person who has a current, final protective order under RSA 173-B:5 or RSA 633:3-a, III-a or who had such an order within the previous 5 years.

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 these tenants have 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 their situations if they could live in better areas.

Does this mean that all public housing that concentrates poor people in one project should be eliminated?

Note that rental assistance vouchers have rental amount limits as to how much can be spent on rent.

Some terms:
Section 8 Lease:  Actually there is a  lease & a contract. The landlord and tenant come to agreement on whatever is their normal lease AND the Section 8 program requires a separate contract called the HAP contract, Housing Assistance Payments, between the owner and the Housing Finance Authority.

This HAP Contract is called loosely the Section 8 lease but that is techinically incorrect.

There are so many problems with this bill it is crazy.  Here goes a listing of some.

1. Misguided solution to Section 8 issue.
Presently a good number of landlords accept and many do not accept the Section 8 program.
The issue is sometimes a tenant receiving Section 8 assistance contacts a landlord who does not accept the Section 8 program. The landlord doesn’t accept the program because it is essentially bad for landlords and costs more time and money.

Instead of working to make the Section 8 program more palatable to landlords, HB1409 attempts to solve the issue by making it illegal to discriminate based on Section 8.

In plain words, rather the fix the program, HB1409 attempts to ram it down our throats as is.

Later in this testimony I will present many of the things that make Section 8 bad for landlords.

2. Isn’t it illegal to be forced to sign a government contract?
If you have an existing tenant that finally makes it to the top of the Section 8 waiting list you would be FORCED to accept the Section 8 program or be guilty of discrimination.
In this case, it is clear that HB1409 would force the landlord into signing the HAP contract, a government contract.

3. Many provisions of the Section 8 HAP contract are troublesome, illegal or unconstitutional.

A.    Part A section 7, The housing authority can and does change the amount of monthly assistance during the term of the contract. This happens when the tenant's household income varies.  It causes extra book keeping and errors tracking the ever changing rental split between housing and tenant.

B.    Part B section 2 c.    "The lease between the landlord and the tenant must include word for word all provisions of the tenancy addendum required by HUD.  One of our landlords provided the following:
“I have been able to include the wording on my leases by incorporating the HAP Contract by reference. Below is one sample of what I have to incorporate into the lease:

We agree to accept payments from the Somersworth Housing Authority under the Section 8 Housing Program as part of your rent.  You agree to pay the difference between the amount paid by the Somersworth Housing Authority and the $750.00 rent for the apartment on or before the first of each month.  This amount will be determined by the Somersworth Housing Authority, and is subject to adjustment at least yearly. The amount that the Somersworth Housing Authority will pay at the beginning of this lease is $610.00 per month, and you will therefore pay $140.00 per month pursuant to this lease until such time as this amount is adjusted.

            All parties to this lease agree to execute any addendums to this lease required by the Somersworth Housing Authority.  Said addendums, where required, are incorporated herein and are a part of this lease.

If a landlord fails to do this, the landlord will not receive rent from the housing authority until the lease is amended to conform to this requirement.  Something people without a legal background could miss.”

C.    Part B section 4b(2).  The housing authority (PHA) "may terminate payments for any grounds authorized accordance with HUD requirements." The problem is that if the family does something like drugs, and the landlord is evicting, the housing authority could cut off funds for the landlord, and since the family is poor or they would not be receiving section 8, the landlord would not have anyone to go after for lost rent.

D.    Part B section 4 b (3)  If the family moves the HAP contract terminates automatically.  So if a family breaches the lease and "flys by night" the lease is meaningless and the authority can stop paying.

E.    Part B section 4 b (5) The HAP contract can be terminated if the PHA determines per HUD requirements, that there is insufficient funding to support the continued assistance.  Here HUD itself shows it has funding concerns .

F.    Part B section 4 b (6) The HAP contract terminates automatically upon the death of a single member household, including single member households with a live-in aide.  So, no rent but how do we get rid of the live-in aid, and who has to incur the lost rent while the live-in aid is being evicted?

G. Part B section 10 a (2) it is a breach of the HAP contract if the owner has violated any obligation under any other HAP contract. So, for landlords with multiple buildings, if there is a problem in one building that is a breach then all section 8 payments could stop. With one very bad tenant, who lies this could be a major problem

Also subparagh (5) it is a breach if the owner engaged in any violent criminal activity. So, no defending yourself against a tenant who threatens you with bodily harm. This applies to all tenant and not just the section 8 ones.

H.  Part B secion 11. (a, b, and c but particularly b) The owner has to give "full and free access" to HUD, PHA, and the Comptroller General any and all information, records, computer files, accounts that are relevant to the HAP contract. HUD HAS DECIDED THAT THEY DO NOT HAVE TO COMPLY WITH THE FOURTH AMENDMENT TO THE CONSITUTION OF THE UNITED STATES. (Illegal search and seizure or need for probably cause).

If someone wants to challenge this, then they are in breach of the HAP contract and rent stops.  (You do what we want or we will bankrupt you).

I.    Part B section 13.  Any public official, members of a governing body, or State or local legislator, who exercises function or responsibilities with respect to the program can not participate in the program.  So, public officials will be barred from being landlords if HB1409 passes and landlords should not participate in government to avoid this provision. (Although this provision can be waived by HUD)

J. Part B section 14. PHA can keep the sale of the property from going through by refusing to let the new owner take over the lease.

K. Part B section 14 (e) PHA will not allow assignment of HAP contract, sale of property, to an immediate relative.

L. Part C section 5 (d) Owner cannot evict tenant for failure of the PHA to pay rent which gives PHA
Tremendous leverage over the owner.

M. Part C section 8 (e) 1 & 2 The apartment can be destroyed & all neighboring tenants harassed & endangered but the owner cannot evict if it's connected with Domestic Violence. 

4. Perpetrators allowed back in by victim.
Many times the victims allow the perpetrator into the new apartment. Are 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 somehow 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.

5. 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 expensive to follow which will absolutely increase your expenses and create more vacancy.  Some of the extra HUD RRP rules:
    1. Under EPA you can have one RRP certified worker supervising other works.
        On HUD Section 8 job ALL workers must be RRP certified.
    2. Under EPA the RRP renovator may do an official “Cleaning Verification Procedure” to release the job back to the occupant.
        On HUD Section 8 job several dust wipes performed only by a dust wipe technician, Lead Inspector or Risk Assessor must be performed sent to a lab and the result proven to be <40 and="" br="" contractor="" dust="" foot="" for="" hud="" if="" job="" lab="" lead.="" meets="" micrograms="" more="" must="" nbsp="" not="" pay="" reclean="" requirement.="" square="" the="" then="" until="" wipes="">    3.  Under EPA there is no prohibition to work on a windy day as long as you can meet containment.
         On HUD Section 8 job you must shut down the job on a windy day (>20mPH).
    4.  Under EPA you are required to meet RRP rules only if disturbing more than 6 square feet.
        On HUD Section 8 job you have to invoke HUD RRP rules if disturbing more than 2 square feet.
There are several more restrictions. HUD Section 8 jobs are always more restrictive in their rules.

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.

6.  Limited ability to screen new tenants.
To protect yourself from discrimination suits you will be likely need to give preference to accept Section 8 & domestic violence 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 they could not be refuse because of bad past rental payments.

If you have an existing tenant that finally makes it to the top of the Section 8 waiting list you would be FORCED to accept the section 8 program or be guilty of discrimination.

Isn't it unconstitutional or illegal for government to force a private business person into a government contract?

7. 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.  This could easily open up “frivolous” lawsuits against landlords.

8. Potential issues with property insurance
Some insurance companies won’t do insurance if Section 8 is more than 20%-50%.
See
http://www.distinguished.com/Our-Programs/Real-Estate/Affordable-Housing.aspx#.U1MhTVVdWSo

Standard Insurance companies research shows that if there is a majority of a building rented to Section 8 occupants there tend to be more liability 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 and that insurance rates would likely go up if a landlord had large amounts of section 8 tenants in their building.

9. Depressing effect on value of multi-families and real estate market.
In the investment markets something that provides a stable return is valued higher than something uncertain.  HB1409 creates a huge amount of uncertainty as to what a property owner can expect depending on how many Section 8 tenants with accompanying expenses he/she happens to be required to accept and how much damage and loss of rents caused by associated domestic violence plus the uncertainty of property insurance costs or even obtaining insurance.  All of this would cause multifamily investment property to be less valuable.

This is a terrible bill for landlords. Stay tuned, contact you legislators and ask them to vote against HB1409 as amended.
=====================
HB1237, Prevent Communities from Restricting Sexual Offender Residency
04/29/2014 at 10:00 AM    SH 100
Title: Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.

Summary: Would prevent local communities from passing any ordinance or bylaw that restricts where a sex offender against children can reside.  Federal laws would still of course be in place.

Property Owner Position: You Decide

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: HB1237

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1237.html
Analysis Stated in Bill:

Talking Points:
none developed so far.
=====================

Thursday, April 24, 2014

N.H. Senate committee hears testimony on housing discrimination bill

N.H. Senate committee hears testimony on housing discrimination bill

At least half a dozen landlords spoke yesterday in opposition to a bill that would prohibit them from turning away tenants solely because they receive federal Section 8 housing subsidies or are victims of domestic violence.
“Every landlord I’ve spoke to does not have an issue with the people receiving Section 8; they’re having a problem with the program,” said Nick Norman, director of legislative affairs for the Rental Property Owners Association. “This Legislature is trying to solve the issue of the Section 8 program by ramming it down the throats of landlords.”
The Senate Judiciary Committee heard testimony on the bill for more than two hours yesterday, with much of it coming from landlords who are against it. The bill, sponsored by Rep. Patrick Long, a Manchester Democrat, passed the House earlier this session. Supporters of the bill said that people who receive housing subsidies and victims of domestic violence often have a hard time finding landlords who will rent to them in areas where they feel safe. But landlords said accepting tenants who pay with federal subsidies would subject them to enormous burdens because the program is overregulated. “Mom and pop” landlords who own only a few units would be hit particularly hard, they said.
Section 8 housing subsidies are available through the federal government to help low-income families pay for housing. Landlords are not required to accept them as payment. Landlords who do accept the subsidies must sign a 12-page Housing Assistance Payment Contract that subjects them to certain restrictions. If market prices go down, for example, the amount of subsidy money the government will pay goes down too, even if landlords don’t want to lower their rent.
Many of the landlords echoed Norman’s point that they have a problem with the voucher program, not the people benefiting from it. But supporters of the bill questioned that yesterday. Maggie Fogarty, associate director of the New Hampshire Program for American Friends Service Committee, said opponents of the law have been painting people who receive housing subsidies as a separate class.
“This program is helping thousands of people across the state,” she said. “Its importance as a tool for preventing and ending homelessness can’t be overstated, but its effectiveness is limited by the discrimination that some landlords are enacting.”
Dan Feltes, director of the Housing Justice Program at New Hampshire Legal Assistance, provided lawmakers with maps that show rental properties that accept the subsidies are often crowded together.
On the provision to prohibit discrimination against victims of domestic violence, landlords said they have to keep the safety of their other tenants in mind. Mike Keeler of the New Hampshire Association of Realtors said the law could create a “moral dilemma” for some landlords. If someone is renting an apartment in the same building where their children or grandchildren sleep, he said, they may not want to rent to someone who is the victim of stalking or domestic violence, which may lead someone violent to the home. One landlord suggested amending the bill to prohibit discrimination only against people with active protective orders against their abusers.
But Feltes and others said the concerns raised by landlords were overblown. For example, a landlord could still decline to accept Section 8 housing subsidies if the contract would require them to do repairs above and beyond local housing standards, Feltes said. Furthermore, state Sen. Martha Fuller Clark, a Portsmouth Democrat, offered an amendment to the bill that would exempt small landlords from the law. Feltes also said tenants who receive the subsidies have no incentive to break their leases, because they will lose the vouchers if they do so.
Paul Stewart, a Bedford-based landlord, got up to speak in favor of the bill. His company rents roughly 400 apartments to people who qualify for housing subsidies. The voucher program has become a popular government program, he said, in part because it relies on the private sector, uses the existing housing market and gives tenants the freedom to choose where they want to live. Landlords, he said, benefit from the consistency in rent.
“Much of the concerns about the program that have been expressed here today, at least in my experience, have not materialized at all,” he said.
Once the committee makes a recommendation, the bill will go to the full Senate floor.

Wednesday, April 23, 2014

Manchester Company fined by the EPA - Training is Important!

Lead-Edu Newsletter
Keeping you updated on news in the lead community
Dear Landlord,
   
The EPA has been targeting New England companies lately, even one fine in Manchester, NH....don't be next!
 
Have you been thinking about getting some training and certification to make money in the lead industry? 

Now is the perfect time! We have both RRP and Lead Abatement training in May! And if our usual Manchester, NH trainings are hard for you to get to, we just scheduled one in Tamworth (May 1st) and one in Claremont (May 15th).
 
Keep reading for stories about recent fines and other lead related news! 

And as always remember to Check Out Our Website for upcoming RRP and Lead Abatement trainings!
  
Settlements Ensure that New England Painting Companies Protect Children from Lead Paint Hazards
Money Fines
 
"Several recent settlements ensure that New England businesses performing painting and home renovation work are complying with requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities. The settlements also contain financial penalties which must be paid for alleged violations of EPA's Renovation, Repair and Painting (RRP) Rule..." (Read More)

Companies/contractors fined include:
  • Gerard Therrien,  
    Manchester, N.H.
  • East Coast Pros LLC, Norwalk, Conn.
  • Bill Vizzo Contractors, LLC/Michael's Painting, Shelton, Conn.
  • Collegiate Entrepreneurs, Inc., Braintree, Mass.  
  
Lead Developer Fined $2.4M for Exposing Workers to Asbestos and Lead in NY Site

Olivet Management LLC, a real estate development and management company that owns the former Harlem Valley Psychiatric Center in the Wingdale section of Dover Plains, NY, faces a total of $2,359,000 in proposed fines from the U.S. Department of Labor's Occupational Safety and Healthy Administration. The company has been cited for exposing its own employees, as well as employees for 13 contractors, to asbestos and lead hazards during cleanup operations in preparation for a tour of the site by potential investors...
  
Autism or Lead Poisoning?
 
"Mindy Allen says her son, Haddon, was misdiagnosed with autism before age 2...but when a speech therapist noticed that Haddon also suffered from eczema, watery eyes and other symptoms that don't typically accompany autism, the question was raised about allergies. The Allens were referred to the Center for Occupational and Environmental Medicine...Allen says the center's tissue samples came back with "off the charts" lead levels..." (Read More)
  
  
  
Upcoming Trainings 
  
RRP:

Thursday, May 1st, 2014 - Tamworth, NH

Monday, May 5th, 2014 -  Manchester, NH

Thursday, May 15th, 2014 - Claremont, NH
 
Lead Abatement for Workers, Contractors and Supervisors:

Tuesday, May 6th -  Friday, May 9th, 2014 - Manchester, NH

And as always, please Visit Our Website for a full schedule or to register! 

Want to register over the phone? 
Call Ben at (603) 203-6430
Don't forget to connect with us via social media for more updates and info:

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Saturday, April 19, 2014

Legislative Update - April 19, 2014 - HB1409 HEARING TUESDAY! PLEASE ATTEND.

This Legislative Update is provided to NH Landlord News by Nick Norman, Director of Legislative Affairs for the RPOA


Howdee everyone,

This IS the big week.  We need everyone to show up at the public hearing for HB1409.

Action items this week:
HB1409, Anti-Discrimination
SHOW UP AT HEARING TUESDAY 10:30 AM  
SH 100
(SH 100, means State House rm 100, the "gold dome" capitol building at 107 North Main, Concord, NH 03301)
At least sign in as opposing bill, you can also speak against it if you like.

Right NOW we need everyone to:
1. Review the full detail of HB1409 further below.
2. Email Senate Judiciary committee and urge them to vote against HB1409.
   (See Senate Judiciary committee contact info immediately after the body of this email.)
3. CALL Senate Judiciary committee and urge them to vote against HB1409.  (It greatly adds impact if you call them).
4. Set aside the morning of 4/22/14 to attend the public hearing
5. Show up on 4/22/14 and either speak or just sign in against the bill.  Please note that it makes a big difference to show up and sign in against the bill even if you don’t speak.
Please also note that there is a good likely hood that there will be so much testimony from both sides that the hearing will go extra long and/or be continued later in the day.

Important Updates:
HB1409, Anti-discrimination Section 8, Domestic Violence
last Public hearing scheduled.  Show up.

HB590, Unauthorized Practice of Law
We are For this bill.
It passed the Senate Judiciary Committee Ought to Pass, Vote 5-0
Allows us to represent (with minor limitation) our LLCs, corporations or partnerships in circuit court.
This is a big win.

HB1274, Quarterly Semi-annual Rent
Passed Senate, We are for this and it looks like we will get it.
This is an excellent win.

SB347, Fines related to Landlord Agent Registration
House committee voted Ought to pass 20-0
We are against this bill but because this $100 fine passed, the $500 fine in HB1336 was killed.

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


This week:04/22/2014 at 10:10 AM    SH 100
HB1272, Excluding Fraternity Rental to Member from RSA540.
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

Show up, Attend hearing and sign in against HB1409
04/22/2014 at 10:30 AM    SH 100
HB1409, Antidiscrimination Section 8, Domestic Violence
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

Next week:
04/29/2014 at 10:00 AM    SH 100
HB1237, Prevent Communities from Restricting Sexual Offender Residency
Level of Response: You Decide
Property Owner Position: You Decide


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
==============================================
HB1409 Senate Judiciary committee.The Committee Meets in the State House, Room 100
Sharon Carson  Chairman, Republican
District 14 covers Hudson, Auburn and her hometown of Londonderry
(603) 271-1403, sharon.carson@leg.state.nh.us
Home, 19 Tokanel Road, Londonderry, NH 05053, (603) 434-2489

Bette Lasky  V Chairman, Democrat
District 13 comprised of Wards 3, 4, 6, 7, 8 and 9 in her hometown of Nashua
(603) 271-4151, bette.lasky@leg.state.nh.us
Home, 15 Masefield Road, Nashua, NH 03062, (603) 888-5557 (Home), (603) 315-1924 (Cell)

David Boutin, Republican
District 16 covers Bow, Candia, Dunbarton, and Manchester Wards 1, 2 and 12 along with his hometown of Hooksett.
(603) 271-3092, david.boutin@leg.state.nh.us, dboutin1465@comcast.net
Home,  1465 Hooksett Road #80, Hooksett, NH 03106, (603) 203-5391

Sam Cataldo, Republican
District 6 towns of Alton, Barnstead, Farmington, Gilmanton, and New Durham as well as the City of Rochester.
(603) 271-4063, sam.cataldo@leg.state.nh.us
Home, 120 Hornetown Road, Farmington, NH 03835, (603) 859-1089

Donna Soucy, Democrat
District 18, comprised of Wards 5, 6, 7, 8 and 9 in the City of Manchester and the Town of Litchfield
(603) 271-4151, donna.soucy@leg.state.nh.us
Home,  91 Alexander Drive, Manchester, NH 03109,
==============================================
For other bills besides HB1409
To find both your Representative & Senator gotohttp://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”

To write to all House of Representatives use:
HReps@leg.state.nh.us
==============================================
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.  It’s not terribly hard to get but not straight ahead either.

SB223, Allow Private Funding And Repayment Of Sewer Contruction    
Title: authorizing municipalities to enter into contracts for the private funding and repayment of construction of sewer systems.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: CONCURRED

HB227, Casualty Insurance Carriers File Retention & amendments    
Title: relative to property and casualty insurance.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

HB1333, Eliminate Fraudulent Use of Elderly Property Tax Credit    
Title: (New Title) establishing a committee to study the feasibility of prorating the elderly property tax exemption in certain cases.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: INEXPEDIENT TO LEGISLATE

HB590, Unauthorized Practice of Law    
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:
Ought to Pass with Amendment, Vote 5-0.
Senator Carson for the committee.
This bill as amended allows landlords, if not an attorney, to represent their limited liability companies,
corporations or partnerships in landlord-tenant matters in our circuit courts and provides an exception
to the unauthorized practice of law.

HB1196, Special Circumstances To Waive Interest On Unpaid Taxes    
Title: (New Title) relative to abatement of property taxes
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1143, Conforming NH Anti-Discrimination Law To Federal Law    
Title: relative to the New Hampshire Law Against Discrimination.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: INEXPEDIENT TO LEGISLATE

HB1274, Quarterly Semi-annual Rent    
Title: (New Title) relative to the payment of rent and security deposits.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

SB347, Fines related to Landlord Agent Registration    
Title: relative to municipal enforcement of land use ordinances.
Property Owner Position: Against
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED WITH AMENDMENT
OUGHT TO PASS.
Rep. Dennis J Malloy for Municipal and County Government. This bill allows pleas by mail for violations of
municipal land use ordinance and establishes a fine not to exceed $100 for landlords failing to designate an
agent. The committee agreed this bill creates a streamlined approach toward code compliance and does not
change any zoning or code enforcement laws. The committee also felt that this helps municipalities promote
health and safety through a lower, more acceptable fine structure allowing the use of regular mail instead
of certified mail for notification purposes. Nothing in this bill shall apply to manufactured housing parks as
defined in RSA 205-A:1,II.
Vote 20-0.

SB315, Establish Board For Licensing Building Officials    
Title: establishing the board of building officials.
Property Owner Position: For
House Status: REPORT FILED:
Refer For Interim Study
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1111, Insurance Not Canceled After Claim    
Title: clarifying the term "valid claim" for property insurance.
Property Owner Position: For
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED

HB1532, Radon Results Notification    
Title: (New Title) relative to notification of radon and arsenic levels.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:

SB375, Study Commission Flood Mitigation Fund    
Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB368, Increase Max Fine Re: Lead Remediation    
Title: increasing the maximum fine for lead remediation.
Property Owner Position: Against
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED

HB1336, $500 Fine For Failing To Register Landlord Agent    
Title: relative to the landlord's agent requirement.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:
Inexpediate To Legislate because SB347 $100 fine is passing
==============================================
Full details on all bills above:SB223, Allow Private Funding And Repayment Of Sewer Contruction
02/18/2014 at 02:45 PM    LOB 301
Title: Title: authorizing municipalities to enter into contracts for the private funding and repayment of construction of sewer systems.

Summary: This bill would allow cities and towns to adopt the provisions of the bill in order to retain the services of the various professionals to design, construct and fund the expansion of sewer systems. However, the maintenance of the system shall remain with the municipality. The purpose of the bill is to allow the municipality to expand the sewer system using the lowest cost method available.

Property Owner Position: You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: SB223

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0223.html
Analysis Stated in Bill:

Talking Points:
See Summary.
=====================
HB227, Casualty Insurance Carriers File Retention & amendments
03/18/2014 at 01:00 PM    LOB 101
Title: Title: relative to property and casualty insurance.

Summary: This bill expands the list of things that an insurance company must retain for the year of the claim and the five years thereafter to include debt and bank card information.

The second section deals with rebating commissions.

The third section adds a provision that if there is an audit regard premiums, that has to be completed within 120 days of the cancellation of the policy, and any refund due must be sent out within the 120 days. A fine of $1,000 per day can be imposed on any company that violates this provision, unless notice of a dispute is sent in 120 days.

The balance of the bill, which was proposed by the NH Dept of Insurance, is amendments to regulatory system for insurance and adjusters. The bill appears to be consumer friendly, which as buyers of insurance, landlords would want.

Property Owner Position: You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: HB227

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0227.html
Analysis Stated in Bill: This bill makes certain changes in the laws relative to property and casualty insurance.
This bill was requested by the insurance department.

Notes:
This is a complicated bill that would need lots of study to respond intelligently.  We feel our time is better spent on bills directly affecting our business.  You decide if this affects you enough to pursue it further.

Talking Points:
none developed so far.
=====================
HB1333, Eliminate Fraudulent Use of Elderly Property Tax Credit
03/25/2014 at 09:15 AM    SH 103
Title: Title: (New Title) establishing a committee to study the feasibility of prorating the elderly property tax exemption in certain cases.

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/Senate/committees/committee_details.aspx?cc=S17

Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@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.
=====================
HB590, Unauthorized Practice of Law
04/01/2014 at 09:00 AM    SH 100
Title: Title: relative to the unauthorized practice of law.

Summary: Allows a person who is not authorized to practice law but who is a member, or employee of a limited liability company, corporation, or partnership, which has 5 or fewer members, to represent the entity on civil matters (like evictions & small claims) in the circuit court of  New Hampshire.

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: HB590

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0590.html
Analysis Stated in Bill:

Talking Points:
HB 590 would amend RSA 311, the statute that enables the Supreme Court of the State of New Hampshire to regulate the practice of law within the state.  Under current law, any person may represent him or herself, or be represented by a person of good character.  All citizens are presumed to be of good character unless demonstrated otherwise.  However, no person shall be commonly permitted to practice as an attorney in court unless he or she has been permitted to do so by the court. (Current requirements are graduating from an accredited law school, which generally is a three year program on a full time basis and passing the New Hampshire Bar Exam, unless allowed to practice based upon reciprocity).

Basically, someone of good character can represent another person in court, but may not hold him or herself out as an attorney unless that person has been admitted to practice law in this state.

HB 590 changes the above to clarify that person of good character who is a member or employee of a limited liability company (an LLC), corporation, or partnership which has 5 or fewer members, shall, with the proper written authorization from the organization be authorized to represent the organization in Circuit Court.  However, there needs to be a new authorization for each appearance in court.

The bill, as amended, does not address properties held in a trust or an estate.  Also, a corporation has officers and shareholders and not members as does an LLC. I would think that the Courts would allow a corporation with 5 or fewer shareholders to make use of this bill, but not trusts or estates.

This bill is useful to the all businesses, including landlords, who are organized in LLC's, partnerships or corporations. It avoids the necessity to hire an attorney for evictions, collection suits both in small claims and circuit court level, other cases brought for and against the business person in circuit court. 

Most likely the authorization will have be given by the majority of the members of the LLC or shareholders of the corporation.  The acting or managing partners/members will likely have to give it for the partnership/LLC.

This allows any person of good character to represent the business in court with the proper authorization.  Note however, it does not, however, change any of the evidence required to prove a case. (The employee may not have personal knowledge that a tenant is behind in rent, but may have only been told that by the employer, which is hearsay and not admissible.)

We plan to propose a clarifying amendment to address corporations(not having members), trusts and also family LLC partnerships with more than 5 family members.

Being that different circuit courts presently interpret this situation differently from court to court, the bill would add clarity for circuit court judges.
=====================
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
04/01/2014 at 09:15 AM    SH 103
Title: Title: (New Title) relative to abatement of property taxes

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/Senate/committees/committee_details.aspx?cc=S17

Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@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.
=====================
HB1143, Conforming NH Anti-Discrimination Law To Federal Law
04/01/2014 at 09:20 AM    SH 100
Title: Title: relative to the New Hampshire Law Against Discrimination.

Summary: Amend the NH law against discrimination in order to make it conform to the Federal Fair Housing Act.

Property Owner Position: You Decide

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: HB1143

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1143.html
Analysis Stated in Bill:

Talking Points:
This is a fairly long and complicated amendment to the NH Law Against Discrimination.

The bill starts by changing some of the definitions in the opening sections of the law. Creed or Religious Creed becomes religion, person is expanded to include more categories, such as labor unions, unincorporated organizations, trustees and fiduciaries. The definition of “reasonable accommodation” (things you would do to accommodate someone in a protected class) is also expanded to include modifying practices, services and policies.

The state commission will also have the power to initiate complaints rather than wait for the complaints to be brought to them.

The exemption for owner occupied buildings of  three or fewer units is changed such that the owner, and not just members of his or her family must reside in one of the rooms.

The bill also repeals the existing law on procedures on complaints and inserts a new section. The procedure still starts with a complaint filed with the commission, and a determination in the first instance must be made within 100 days. This section of the bill is extensive, and it is recommended that anyone who is interested in this read the bill as it is difficult to summarize.

Stay tuned we may have more to say on the complaints section.

Depending on what we find with further analysis we may change our position to Against the bill.
=====================
HB1274, Quarterly Semi-annual Rent
04/01/2014 at 10:00 AM    SH 100
Title: Title: (New Title) relative to the payment of rent and security deposits.

Summary: This bill allows a landlord to collect 3 month's or more rent at move in. This greatly affects college communities and tenants overcoming an application default by prepaying rent.  In Durham, Dover, Keene, etc., you have landlords routinely taking a full semester's rent up front.  The bill was intended to legally allow this kind of option.

There is also the situation where someone with bad credit has a tax refund, personal injury settlement or other lump sum and the landlord might be willing to take a chance on the tenant if the landlord were permitted to due so under the law.  There is an amendment which would allow landlords to require 3 months or more rent to be paid up front.  With the amendment (passed by House Judiciary committee) landlords would be allowed to legally handle these situations.

Property Owner Position: For

Link to Committee Info:

Email to Committee:
To:
Subject: HB1274

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1274.html
Analysis Stated in Bill:

Talking Points:
As amended by the house, this bill allows a landlord to enter into a residential lease requiring a tenant to pay rent either quarterly or longer without violating the security deposit statute where a landlord can not ask for more than one month's rent.

We think the bill is excellent because it accommodates many tenant situations listed below where either a tenant has come into a considerable sum of money or need to overcome a bad credit, bad landlord reference or lack of employment or other application default by prepaying the rent.  It rarely happens, but some people when they receive their tax refund or other lump settlement etc. want to prepay ahead when they are moving into a new apartment.  Prepayment of rent should be just that and not considered a security deposit.

The bill merely clears up an ambiguity for landlords who want quarterly or longer payments. This is very important in student housing.

There is an amendment proposed by NHLA that would limit this to prepayment of 4, 5, or 6 months rent.
NHLA’s objections to the present language are “that allowing rent to be collected in three-month installments could be enforced selectively against "undesirable" tenants, and that tenants paying a year's rent could stand to lose big time if the property owner went bankrupt or were foreclosed upon.”

Below is a letter we will send to the Senate Judiciary Committee.  You can pick from it for your talking points.
===
To: Senate Judiciary Committee
Re: Proposed Amendment to HB 1274
From: The Rental Property Owners Association
Date: April 13, 2014

We are sending you this memo to give you our thoughts and position in regard to the proposed amendment to HB 1274 that was recently submitted by NHLA.

HB 1274 was originally sponsored in the House because RSA 540-A:6, one of the statutes governing security deposits for residential housing, specifically states: “ A landlord shall not demand or receive any security deposit in an amount or value in excess of one month’s rent or $100, whichever is greater.” 

Security Deposit is defined in RSA 540-A 5(II) as “All funds in excess of the monthly rent which are transferred from the tenant to the landlord for any purpose.”  These two sections together prohibit any landlord who owns a building other than one five units or less and lives in one of the units, from taking any funds from any tenant in excess of one month’s rent and a security deposit greater than one month’s rent.

The above was enacted so that people with limited financial means would not be forced out of the apartment rental market if they did not have three month’s rent. (Massachusetts allows landlords to charge three month’s rent, first and last month’s rent and one month as security deposit). 

There are a number of circumstances where it is in the interest of both the landlord and the tenant that the tenant pays more than one month’s rent. These situations, as testified to during the hearing before your committee on the bill, include:
1. Students living in fraternity or sorority houses where they receive financial aid or other funding by the semester or year.  It also protects the landlord from having to evict someone in the middle of a semester due to non-payment.
2. Students living in private housing who receive financial aid by the semester or year.
3. People who have or are facing foreclosure, with terrible credit, but have saved a lump sum to find other housing. 
4. People who have bad credit but have a lump sum for any reason, such as a large tax return, a workers compensation settlement for a permanent injury, or from a car accident, which resulted in lost income causing the bad credit.
5. People who are retired and plan to travel but want to make sure that the rent is paid while they are away.
6. Affluent people who want to pay rent quarterly or less often.
7. Businesses renting apartments for employees.
8. People who have just moved into the area and have not yet secured employment.
9. People who have lost their jobs & have a good amount of savings but for some reason have to move.
If a landlord accepts more than one month’s rent and one month as security deposit, under current law, the landlord can be subject to a fine of $1,000 plus $1,000 per day for each day the landlord does not return the funds to the tenant after the tenant obtains a court order under RSA 540-A.

HB 1274 as amended by the House, if it became law, would allow the tenant to pay and the landlord to require payment either quarterly or less often (longer time spans) in circumstances such as those enumerated above.  The bill was amended in the house to address concerns that if landlords were allowed to collect two month’s rent, they would be able to circumvent the current restrictions of RSA 540-A.

Under the provisions of HB 1274 as amended by the House, a landlord would be able to accommodate a tenant in categories enumerated above by legally being able to accept an amount equal to four month’s rent, one month as security deposit and three months as rent or more.  The number of people who can actually do this and are willing to do this is very limited. Therefore, landlords could not demand quarterly payment of rent, or less frequent payments, for most of the apartments in the state. Otherwise, the landlord would have large numbers of empty apartments, and no funds to pay mortgages, taxes, insurance, utilities and all the other costs of property ownership.

The proposed amendment to HB 1274 would only allow tenants to pay and landlords to accept payment of rent every four, five or six months. Although the amendment does not seem to change the bill that radically, it actually would seriously reduce the effectiveness of the bill.  Examples of this are:
A. Semesters are not always four months, particularly during the summer.  At best, the summer programs run June, July and August.  Any student who rents for just the summer may have more difficulty finding housing if the proposed amendment is adopted.
B. People who have financial issues would have to pay five month’s rent under the proposed amendment, four months as rent and one month as security deposit. With the median rent for a two bedroom apartment in four of our counties running over $1,000 per month, as reported by the New Hampshire Housing Finance Authority, this means people who already are struggling would have to find $5,000 or more rather than $4,000, a 25% increase. Many of those people may need that extra money for other necessities, such as a deposit for utilities.
C. The most common way this bill could assist tenants is in the case where a tenant has bad credit or landlord reference or unstable seasonal income or someone moving into the area that has not secured employment yet or any other default on their rental application that is preventing them from being approved for an apartment.  To defeat these valid objections for getting approved sometimes tenants will prepay their initial rent.  The most common amount they can afford is 3 months plus security deposit.  In most cases they don’t have more than that much saved.  The proposed NHLA amendment would require no less than four months plus security which would prohibit a landlord from giving these tenants “a chance.”

We also want to reiterate the point made by Sarah Mattson in her testimony before you at the committee hearing on the bill in regard to discrimination.  If a landlord has a different rental policy for different people, that clearly would be discrimination.  The landlord would be clearly subject to a complaint to the Human Rights Commission and a discrimination suit.  The only way the higher “move in” cost provision of this bill could be used is if the landlord’s policy affected everyone who applied for an apartment (which is not feasible), or if someone had bad credit or bad rental history, which is a valid reason for not accepting a tenant.

Based on the above, we request that you do not adopt the amendment, or at least allow rent to be collected every three, four, five or six months.
===
=====================
SB347, Fines related to Landlord Agent Registration
04/01/2014 at 10:30 AM    LOB 301
Title: Title: relative to municipal enforcement of land use ordinances.

Summary: This bill amends the statute dealing with municipal citations so that any defendant who fails to respond to a citation is subject to fines and penalties set forth in RSA 676:17 ($275 for the first offense and $550 for each subsequent offense, as well as daily fines, attorney fees and more).
It also makes any person who fails to file a statement of a designated agent pursuant to RSA 540:1-c subject to a fine not to exceed $100.


Property Owner Position: Against

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: SB347

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0347.html
Analysis Stated in Bill:

Talking Points:
This is less than the house bill of $500, and just like the house bill does not state who enforces it, nor who receives the fine.  Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to these fines.  That landlord should be given notice to register by the city or town and a grace period before being subject to the fine.  Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement?  Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.

There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists.  They can look up assessment records/purchase records to find address for service.
This law that should not even exist.
=====================
SB315, Establish Board For Licensing Building Officials
04/01/2014 at 11:00 AM    LOB 306
Title: Title: establishing the board of building officials.

Summary: Establish a Board for the licensure and certification of building officials  who are charged with enforcing state building codes. The purpose of  this bill is to assure that building officials or inspectors are qualified, including having a knowledge of state construction codes. The board would also develop a code of ethics for these officials, which the officials would be required to comply with.

Property Owner Position: For

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

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB315

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0315.html
Analysis Stated in Bill:

Talking Points:
The code of ethics includes avoiding conflicts of interests. As with all similar boards, this board would have the authority and duty for rule making, set fees, process applications, test applicants, issue certificates, require continuing education and the like. There is a fiscal note attached to the bill that indicates this bill should not have a fiscal impact on county and local governments.  However, it may fiscally impact the courts by adding crimes to the state statutes.

We think this is a good idea.  However, it is unclear how it will impact us.  By making sure the building inspectors know the code, have to follow a code of ethics and the other requirements of the bill should help make code enforcement more uniform in the state.  It also gives us a procedure to follow if we determine that a building inspector is legally out of line. It could cause inspectors to be more strict to make sure they are in compliance with the rules of  the board.
=====================
HB1111, Insurance Not Canceled After Claim
04/01/2014 at 02:20 PM    LOB 101
Title: 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:

Email to Committee:
To:
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.
=====================
HB1532, Radon Results Notification
04/02/2014 at 09:45 AM    LOB 101
Title: Title: (New Title) relative to notification of radon and arsenic levels.

Summary: This bill would require sellers to disclose the results of any radon test of the air in the lowest level of the building for sale, that they know about, to buyers prior to entering into a purchase and sales agreement.

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: HB1532

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1532.html
Analysis Stated in Bill:

Talking Points:
The current law is that the sellers or their agent have to disclose the possibility of radon, but not test results. If this passes, similar to lead paint, if the building was tested, the test results have to be disclosed.

For the buyer's prospective, the buyer should be provided this information. It allows the buyer, including members of our group additional information that the buyer can use to make an informed decision.  Since only tests that have been done previously have to be disclosed, there is no additional cost to the seller. If the seller has this information, and does not disclose it, a buyer may have recourse against the seller for fraud under current law.

Some of our members say that radon does not have any scientific evidence of causing any immediate or potential health hazards.  There are no standardized testing locations listed.  A home will have higher levels of radon in basement than on second or third floors. This could lead to these tests leaving our homes/rentals as undesirable because there is radon present even though radon is also present is current outside air that we breathe.

An argument against the bill is that it is one step closer to requiring all buildings to be tested for radon, and eventually lead, and be remediated before sale.  Since we think that this argument would not be appreciated by the legislature we leave this one up to you.
=====================
SB375, Study Commission Flood Mitigation Fund
04/02/2014 at 10:00 AM    LOB 202
Title: Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.

Summary: The bill would establish a three person commission to study the creation of a flood mitigation fund for private property owners.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28

Email to Committee:
To: 0
Subject: SB375

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0375.html
Analysis Stated in Bill:

Talking Points:
We could be effected two ways. For those of use with properties subject to flooding, such a fund could be a life saver, especially where flood insurance is so expensive.  On the other hand, it could establish some sort of tax in order to have money to go into the fund.

Since the bill only would establish a commission to study the issue and make recommendations, we leave it to you to decide how to respond.
=====================
SB368, Increase Max Fine Re: Lead Remediation
04/10/2014 at 10:00 AM    LOB 205
Title: Title: increasing the 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/house/committees/committeedetails.aspx?code=H09

Email to Committee:
To: ~HHSEA@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.
=====================
HB1336, $500 Fine For Failing To Register Landlord Agent
04/16/2014 at 09:50 AM    LOB 102
Title: Title: relative to the landlord's agent requirement.

Summary: Imposes a fine of $500 for any landlord who fails to register a Landlord Agent in the city or town of the property

Property Owner Position: Against

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: HB1336

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1336.html
Analysis Stated in Bill:

Talking Points:
We need to address this bill and oppose it in its current form.  The bill does not state who enforces it, nor who receives the fine.  Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to this expensive fine.  That landlord should be given notice to register by the city or town and a grace period before being subject to the fine.  Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement?  Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.

There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists.  This is a crazy fine for a law that should not even exist.

Lastly, if this should go through the fine is way too expensive and should be $50, then $100, the cap at $200 on some type of time line to respond.
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HB1272, Excluding Fraternity Rental to Member from RSA540.
04/22/2014 at 10:10 AM    SH 100
Title: Title: (New Title) relative to the payment of rent and security deposits.

Summary: This is a one line bill that would exclude residential units owned and rented by a fraternal or social organization to a member from being a residence under RSA 540.

Property Owner Position: LimitedImpact; You Decide

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: HB1272

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1272.html
Analysis Stated in Bill:

Talking Points:
Some of our members felt they were against this bill. Why should these organizations be exempted from the laws we have to follow?
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HB1409, Antidiscrimination Section 8, Domestic Violence
04/22/2014 at 10:30 AM    SH 100
Title: Title: (New Title) relative to notification of radon and arsenic levels.

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/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: 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.

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

The second addition to the protected classes (protected from discrimination) is a person who has a current, final protective order under RSA 173-B:5 or RSA 633:3-a, III-a or who had such an order within the previous 5 years.

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 these tenants have 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 their situations if they could live in better areas.

Does this mean that all public housing that concentrates poor people in one project should be eliminated?

Note that rental assistance vouchers have rental amount limits as to how much can be spent on rent.

There are so many problems with this bill it is crazy.  Here goes a listing of some.
1. Perpetrators allowed back in by victim.
Many times the victims allow the perpetrator into the new apartment. Are 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 somehow 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.

Ultimately we need to stop this bill entirely.  If the bill moves forward, 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.

2. 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 expensive to follow which will absolutely increase your expenses and create more vacancy.  Some of the extra HUD RRP rules:
    1. Under EPA you can have one RRP certified worker supervising other works.
        On HUD Section 8 job ALL workers must be RRP certified.
    2. Under EPA the RRP renovator may do an official “Cleaning Verification Procedure” to release the job back to the occupant.
        On HUD Section 8 job several dust wipes performed only by a dust wipe technician, Lead Inspector or Risk Assessor must be performed sent to a lab and the result proven to be <40 and="" br="" contractor="" dust="" foot="" for="" hud="" if="" job="" lab="" lead.="" meets="" micrograms="" more="" must="" nbsp="" not="" pay="" reclean="" requirement.="" square="" the="" then="" until="" wipes="">    3.  Under EPA there is no prohibition to work on a windy day as long as you can meet containment.
         On HUD Section 8 job you must shut down the job on a windy day (>20mPH).
    4.  Under EPA you are required to meet RRP rules only if disturbing more than 6 square feet.
        On HUD Section 8 job you have to invoke HUD RRP rules if disturbing more than 2 square feet.
There are several more restrictions. HUD Section 8 jobs are always more restrictive in their rules.

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.

3.  Limited ability to screen new tenants.
To protect yourself from discrimination suits you will be likely need to give preference to accept Section 8 & domestic violence 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 they could not be refuse because of bad past rental payments.

If you have an existing tenant that finally makes it to the top of the Section 8 waiting list you would be FORCED to accept the section 8 program or be guilty of discrimination.

Isn't it unconstitutional or illegal for government to force a private business person into a government contract?

4. 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.  This could easily open up “frivolous” lawsuits against landlords.

5. Potential issues with property insurance
Some insurance companies won’t do insurance if Section 8 is 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 liability 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 and that insurance rates would likely go up if a landlord had large amounts of section 8 tenants in their building.

This is a terrible bill for landlords. Stay tuned, contact you legislators and ask them to vote against HB1409 as amended.

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HB1237, Prevent Communities from Restricting Sexual Offender Residency
04/29/2014 at 10:00 AM    SH 100
Title: Title: (New Title) relative to the payment of rent and security deposits.

Summary: Would prevent local communities from passing any ordinance or bylaw that restricts where a sex offender against children can reside.  Federal laws would still of course be in place.

Property Owner Position: You Decide

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: HB1237

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1237.html
Analysis Stated in Bill:

Talking Points:
none developed so far.
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