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
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.
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.
=====================
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?
=====================
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.
=====================
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.
=====================
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.
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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.
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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.
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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.
===
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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.
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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.
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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.
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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.
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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.
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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?
=====================
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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