Sunday, April 13, 2014

Legislative Update, April 13, 2014 - Urgent Call to Action; HB1409, Anti-Discrimination hearing is scheduled; other important updates

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

Howdee everyone,

Important Public Hearings scheduled: (see below)

HB1409, Anti-discrimination
HB1336, $500 Fine For Failing To Register Landlord Agent

Important bills amended: (see below)
HB1274, Quarterly Semi-annual Rent, amendment weakens our position.

Action items this week:
HB1409, Anti-Discrimination

Right NOW we need everyone to:
1. Review the full detail of the bill further below.
2. Email Senate Judiciary committee members and urge them to vote against HB1409.


3. CALL Senate Judiciary committee at 603-271-3076 and urge them to vote against HB1409.
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.

HB1274, Quarterly Semi-annual Rent
1. Review the new full detail of the bill further below.
2. Email Senate Judiciary committee and urge them not accept the amendment but to pass it in the same form as it came to them “amended by the house”
3. CALL Senate Judiciary committee with same message.
New Legislative Update feature:Several people have asked for & we have created an option to send out a very short schedule only update in advance of this weekly legislative update.  If you would like to receive the short "advanced schedule only" update (usually Fridays), let me know.   It could help you plan your week in advance. 

This week:
04/15/2014 at 11:00 AM    LOB 205
SB203, Limitations on EBT Card Use
Level of Response: Email Call Legislators
Property Owner Position: Amend; then "For"

04/15/2014 at 02:00 PM    LOB 101
HB1283, Rights on Revival of Condo Charter
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

04/16/2014 at 09:45 AM    LOB 101
HB1570, Paint Tax
Level of Response: Email Call Legislators
Property Owner Position: Against

04/16/2014 at 09:50 AM    LOB 102
HB1336, $500 Fine For Failing To Register Landlord Agent
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

Next 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

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

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

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).

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
==============================================
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.
==============================================
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”
==============================================
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.

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: REPORT FILED:
Ought to Pass, Vote 5-0.
Senator Hosmer for the committee.
This bill is a request from the Department of Insurance and will update property and casualty insurance
laws. The Department has worked with stakeholders for two years, and has their support, to make these
updates to our statutes to reflect current industry practice and clarify any confusion in current 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: REPORT FILED:

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: REPORT FILED:
Ought to Pass, Vote 5-0.
Senator Sanborn for the committee.

This bill is a request of the Department of Insurance and will clarify the term “valid claim” for purposes
of nonrenewal of property insurance. This bill will make it clear that inquiries about coverage on a policy
do not constitute a valid claim.

SB203, Limitations on EBT Card Use     
Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
Property Owner Position: Amend; then "For"
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1336, $500 Fine For Failing To Register Landlord Agent     
Title: (New Title) relative to notification of radon and arsenic levels.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE

HB1409, Antidiscrimination Section 8, Domestic Violence     
Title: (New Title) relative to notification of radon and arsenic levels.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE

HB1283, Rights on Revival of Condo Charter     
Title: (New Title) establishing a committee to study the feasibility of prorating the elderly property tax exemption in certain cases.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE

HB1237, Prevent Communities from Restricting Sexual Offender Residency     
Title: (New Title) relative to the payment of rent and security deposits.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED
Senate Status: IN COMMITTEE
==============================================
Full details on all bills above:HB1570, Paint Tax
04/16/2014 at 09:45 AM    LOB 101
Title: Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.

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.
=====================
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?
=====================
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: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@leg.state.nh.us; ;
Subject: 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.
=====================
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.
=====================
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: 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: 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.
===
=====================
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: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@leg.state.nh.us; ;
Subject: 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.
=====================
SB203, Limitations on EBT Card Use
04/15/2014 at 11:00 AM    LOB 205
Title: Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.

Summary: The bill introduces a number or restrictions on the use of EBT cards for non-essential purchases & also limits withdrawals to $25.  Since some tenants use their EBT monies to pay rent.  While the intention of the bill is good the unintended consequence is that it would effectively prevent tenants from paying rent using their EBT funds.

Property Owner Position: Amend; then "For"

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: SB203

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0203.html
Analysis Stated in Bill:

Talking Points:
This bill would amend RSA 167:7b, which went into effect on January 1, 2014, by further restricting how welfare funds, distributed by the use of Electronic Benefit Transfer cards can be used.  The current law does not allow specific types of business to accept the funds.  Those businesses are State liquor stores, stores that primarily sell beer and wine for off premises use, gaming establishments(gambling), and adult entertainment where performers disrobe or perform in an unclothed state.

The bill adds tatoo and body piercing businesses prohibited from accepted funds withdrawn with the use of the card.  The bill further would specifically prohibit any person who receives public assistance from using the card or cash obtained from the card to gamble, purchase tobacco, alcohol, lottery tickets, adult entertainment or firearms.  The bill also would restrict cash withdrawals made with an EBT card to $25 per transaction. Individuals who make such cash withdrawals must retain the receipts for purchases made with the cash withdrawn, and submit the receipts to the Department of Health and Human Services when seeking renewal of the card.

Obviously the intent of the bill is to reduce the use of the card for non essential items. As a taxpayer, we have trouble having people on welfare using the benefits to gamble, purchase alcohol or tobacco, and the other items that are in the bill.

We question if the bill is pragmatic. Cash assistance, over and above food stamps, are used for the purchase of many necessities.  Clothing, paper products, and personal hygiene products to name a few. We doubt that people who receive public assistance can hold onto all the receipts required.  We also question who at DHHS is going to have time to review the receipts. There is no restriction on the number of $25 withdrawals that can be made either in a day or in a month.

New Hampshire Legal Assistance believes that some people who receive benefits via the EBT card withdraw cash to pay rent.  This does occur. Since housing is a necessity, we would like everyone to ask for the bill to be amended to include an exception to the $25 per transaction limit for withdraws for rent. It would require all landlords who accept the cash to provide receipts.
=====================
HB1336, $500 Fine For Failing To Register Landlord Agent
04/16/2014 at 09:50 AM    LOB 102
Title: Title: (New Title) relative to notification of radon and arsenic levels.

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

First 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.

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

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

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

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

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

There are so many problems with this bill it is crazy.  Here goes a listing of some.
1. 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="" contractor="" dust="" font="" 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 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.

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 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.
=====================
HB1283, Rights on Revival of Condo Charter
04/15/2014 at 02:00 PM    LOB 101
Title: Title: (New Title) establishing a committee to study the feasibility of prorating the elderly property tax exemption in certain cases.

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

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@leg.state.nh.us; ;
Subject: HB1283

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

Talking Points:
Limited Impact, no talking points developed.
=====================
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.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.