Monday, May 26, 2014

Legislative Update 5/23/2014 - Updates on Several Bills

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

Howdee everyone,

Important Updates:
HB590, Unauthorized Practice of Law

Committee of Conference did meet.  Web site says "Ready for Signature" so it looks like something was worked out.  However, the website does not have any updated amendment, report or change so we are not sure what version the bill is in now.

HB1409, Anti-Discrimination
A Committee of Conference is scheduled for 05/28/2014 at 02:00 PM LOB 208.  This is a working session for the committee without public comment.  See action items below.
The Senate amendment is at
http://www.gencourt.state.nh.us/legislation/amendments/2014-1733S.html

Note: Before the Committee of Conference stage, the Senate had a strong vote, “Ought to Pass with Amendment 24-0”, to not accept the House version of the bill and instead have a study commission.
Note: There is a huge push in the legislature around domestic violence evidenced by this year’s 5 bills:
  • HB 1409 Housing
  • HB1410 Pets
  • HB1599 Employment
  • SB318 Domestic Violence being a crime
  • SB390 Employment and a study committee

Action items this week:
HB1409, Anti-Discrimination.  See “Basics of Committees of Conference” below. Since the purpose of the Committee of Conference is to adopt either the House or the Senate version of the bill with only minor amendments, we suggest you contact (calling is way better) the Senate members of the Committee of Conference and urge them to either accept the Senate version (creates a study commission) with the changes we recommend or simply kill the bill by NOT accepting the House version. 

See below for our Memo to Senators of HB1409 Committee of Conference for talking points.

Note that the Speaker of the House heavily stacked the House side of the committee with ALL Democratic members.

Here are the Senators phones:
Carson (R) 271-1403
Boutin (R) 271-3092
Lasky (D)  271-4151

Here is the contact info for the Senate members of the Committee of Conference (R)=Republican, (D)=Democrat:

Senator Carson (R) sharon.carson@leg.state.nh.us 

Senator Boutin (R) dboutin1465@comcast.net
Senator Lasky (D) bette.lasky@leg.state.nh.us

Here is the contact info for the entire Committee of Conference:
Senator Carson (R) sharon.carson@leg.state.nh.us 
Senator Boutin (R) dboutin1465@comcast.net 
Senator Lasky (D) bette.lasky@leg.state.nh.us
Representative Gale (D) sylvia.gale@leg.state.nh.us 
Representative Phillips (D) larry.phillips@leg.state.nh.us 
Representative Hackel (D) paul.hackel@leg.state.nh.us 
Representative P. Sullivan (D) peter.sullivan@leg.state.nh.us

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:
05/28/2014 at 02:00 PM    LOB 208
Committee of Conference
HB1409, Antidiscrimination Section 8, Domestic Violence
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

Next week:
None

Important Bills with Updated Status:
HB1409, Antidiscrimination Section 8, Domestic Violence
HB590, Unauthorized Practice of Law

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
==============================================
Memo to Senators of HB1409 Committee of Conference
To:  Senators of HB1409 Committee of Conference
From: Nick Norman and David Cline
Date: May 25, 2014
Subject: HB 1409 Anti-Discrimination, Committee of Conference

We urge you to either get the Senate version (the study commission) accepted with the changes recommended below or simply kill the bill by NOT accepting the House version. 

Study Commission recommendations:
Our first concern is the make up of the commission members.

THE IMPORTANT PART IS TO NAME MEMBERS OF THE COMMISSION AS NH LANDLORDS AND NOT AS MEMBERS OF A PARTICULAR LANDLORD ORGANIZATION AND TO NAME 5 LANDLORD MEMBERS.

Here are our comments about the make up of the committee.
Five of the organizations named to send representatives to the study commission are tenant advocates. However, only three of the other positions named are clearly landlords or landlord representatives.  We feel that there should be an equal number of landlord and tenant representatives on the commission.

(The 5 tenant advocate members are:
Families in Transition, New Hampshire housing finance authority, NH Legal Assistance, NH Coalition Against Domestic and Sexual Violence, The Way Home)

    Section 2 (g) of the bill appoints two small landlords from the New Hampshire Property Owners Association to the commission.  The bill does not define small landlords, so it is unclear as to who can be appointed.  Further, the New Hampshire Property Owners Association represents only a small minority of landlords in New Hampshire.  There are a number of other landlord organizations in New Hampshire, including the one we belong to, The Rental Property Owners Association, where most of our members are in the eastern or seacoast area of the state.

    We suggest this part of the amendment be changed to include 5 landlord representatives, with 4 being small landlords, individuals who own or operate less than 100 units. The other landlord representative should be a large landlord who owns or operates 100 or more units.

With these changes, membership to the commission would be:
(a) The president of Families in Transition, or designee.
(b) The executive director of the New Hampshire housing finance authority, or designee.
(c) The executive director of New Hampshire Legal Assistance, or designee.
(d) The executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, or designee.
(e) The president of the New Hampshire Association of Realtors, or designee.
(f) The executive director of The Way Home, or designee.
(g) Four small property owners that own less than 100 units each, appointed by the president of the senate.
(h) One large property owner that owns more than 100 units, appointed by the speaker of the house of representatives.
(i) Two members of the house judiciary committee, appointed by the speaker of the house of representatives.
(j) One member of the senate judiciary committee, appointed by the president of the senate.
Our second concern is that the amendment does not include areas or issues that the commission should study.
A.    We suggest that the commission report on the need for the making people who are eligible for Federal Housing Assistance a protected class under the anti-discrimination statues.
During both the Senate and House Committee hearings on HB 1409, the advocates for the bill testified to tenants who had vouchers and could not find the housing they wanted.  However, no one ever indicated the number of tenants who were unable to find housing in their price range due. There was also no information offered at either hearing as to the number of landlords who accept vouchers, nor the number and quality of the units available to tenants who have vouchers.
B.    We suggest the commission study the impact of the bill. Would the bill, if passed, stop the harm perceived by the tenant advocates?  How would it effect landlords both financially and in the management and operation of their buildings?
Many tenants are denied apartments because they have bad rental history, which includes not only issues of non-payment of rent, but damage to the apartments, improper conduct, including loud parties, fights, drugs, extra people living in the apartment, having pets without the consent of the landlord, or not abiding by the terms and conditions of a lease. Are these people included in those who claim they had trouble renting because they receive Federal Housing Assistance?
How much extra time does a landlord have to expend to accept a tenant who has Rental Assistance? What are the costs? Are there alternatives that maybe more acceptable to landlords, especially those of us who own more than 20 apartments, but are still small landlords (less than 100 units)?  Could the owners of 20 to 100 units only be required to have a percentage of apartments in any one building leased to Federal Housing Assistance recipients?

C. Many victims of domestic abuse have difficulty, for a number of reasons, ending the relationship with the abuser, especially if there are children from the relationship. This has resulted in the abuser moving back in with the victim, and the cycle of violence begins again. HB 1409 does not afford other tenants in the building where the victim lives, any protection, nor does it give the landlord any means to quickly have the abuser removed from the building.

We suggest that the commission study the ways to prevent the above occurring, and providing methods for the landlord and other tenants who are also victimized by the abuser, to have the abuser removed from the apartment.  This can include making only victims who have current and enforceable domestic violence orders in effect members of the protected class, amending RSA 540-A empowering the Circuit Courts to issue orders removing the abuser who is not party to the lease, amending RSA 540 that having a person living in an apartment who is not party to the lease and who does not have the landlord’s consent to live in the apartment is grounds for a 7 days eviction notice and not the current 30 days notice, and amend RSA 173-B so that domestic violence orders are for two years and renewable for an additional two years.
Thank you for reading this and considering our suggestions.
==============================================
Basics of Committees of Conference
House & Senate sign-off deadline for committee of conference reports is Friday, May 30.

Thursday, June 05, 2014 is deadline to ACT on Committee of Conference Reports.
This time period of wrapping up the legislative season happens very fast because both chambers are attempting to wrap up bills by a deadline that it just around corner.
It will probably happen faster than our weekly updates.

If there is an amendment in the House and a different amendment in the Senate and both sides want to work it out they have a “Committee of Conference”.  This Committee of Conference will often have 4 members from the house and 3 from the Senate.  Speaker of House & President of Senate decide committee conferees.

The basics of all Committees of Conference can be found at:
http://www.gencourt.state.nh.us/committee_of_conference/default.aspx
There is usually a 24 hour notice (sometimes longer) to the above website for the hearing schedule. The first member listed for originating chamber of the bill is the chair of the committee.
No public input is allowed at Committee of Conference meeting.
Committee of conference may not make not any significant amendments (that would require more public input).
The House will push for house version. The Senate will push for Senate version.
The Committee of conference has to come out with a unanimous vote.  However, the Chair of committee can ask Speaker of House & President of Senate to assign a new conferee to replace one not voting the way they like.  (This might happen if almost all are in agreement except 1 or 2?).

If the committee cannot come to unanimous decision the bill is dead.

The committee will file a report which is also listed on the website above.

The committee will make a recommendation which the chambers can only vote to Adopt or Not Adopt (no further amendment).

The non-originative chamber votes first while the other chamber waits.  There is actually a paper report that goes from one chamber to the other to announce the vote.

If either chamber does not adopt the committee of conference recommendation then the bill dies.
==============================================
To find both your Representative & Senator goto
http://www.gencourt.state.nh.us/house/members/wml.aspx

This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”

To write to all House of Representatives use:
HReps@leg.state.nh.us
==============================================
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.

HB421, Real Estate Brokerage Regulation    
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Property Owner Position: LimitedImpact; You Decide
House Status: CONFERENCE COMMITTEE
Senate Status: CONFERENCE COMMITTEE

HB590, Unauthorized Practice of Law    
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: CONFERENCE COMMITTEE
Senate Status: CONFERENCE COMMITTEE

HB1196, Special Circumstances To Waive Interest On Unpaid Taxes    
Title: (2nd NewTitle) relative to applications for abatements and authority to abate prior years’ property taxes.
Property Owner Position: LimitedImpact; You Decide
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

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

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

SB310, Commercial Tenant Brewer License    
Title: authorizing tenant brewing.
Property Owner Position: LimitedImpact; You Decide
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: CONFERENCE COMMITTEE
Senate Status: CONFERENCE COMMITTEE

HB1283, Rights on Revival of Condo Charter    
Title: (New Title) relative to revival of a charter by a voluntary corporation or association.
Property Owner Position: LimitedImpact; You Decide
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1409, Antidiscrimination Section 8, Domestic Violence    
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Property Owner Position: Against
House Status: CONFERENCE COMMITTEE
Senate Status: CONFERENCE COMMITTEE
==============================================
Full details on all bills above:
HB421, Real Estate Brokerage Regulation
05/23/2014 at 02:30 PM    LOB 204
Title: Title: relative to regulation of real estate brokerage and sales by the real estate commission.

Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: HB421

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.

Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it.  It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.

The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
HB590, Unauthorized Practice of Law
05/22/2014 at 03:00 PM    LOB 208
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:

Email to Committee:
To:
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: (2nd NewTitle) relative to applications for abatements and authority to abate prior years’ property taxes.

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

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17

Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: HB1196

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

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

There are circumstances where the interest should be waived, for instance the tax bill was wrong and the property owner was over taxed, and the property owner paid the correct amount of the tax.  It is not at all clear if the financial circumstances or health of a property owner would be such special circumstances.  Because the bill is so unclear, we do not feel that we should support it.  We also do not think that we should oppose it, as one of us could end up benefiting by such a bill.  You decide.
=====================
SB347, Fines related to Landlord Agent Registration
04/01/2014 at 10:30 AM    LOB 301
Title: Title: relative to municipal enforcement of land use ordinances.

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


Property Owner Position: Against

Link to Committee Info:

Email to Committee:
To:
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.
=====================
SB333, Clarify Term Manufactured Housing
04/01/2014 at 02:00 PM    LOB 301-303
Title: Title: relative to property taxation of manufactured housing.

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

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: SB333

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

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

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

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: SB310

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

Talking Points:
Limited Impact, no talking points developed.
=====================
HB1532, Radon Results Notification
05/22/2014 at 02:00 PM    LOB 302
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:

Email to Committee:
To:
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.
=====================
HB1283, Rights on Revival of Condo Charter
04/15/2014 at 02:00 PM    LOB 101
Title: Title: (New Title) relative to revival of a charter by a voluntary corporation or association.

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

Property Owner Position: LimitedImpact; You Decide

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

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

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

Talking Points:
Limited Impact, no talking points developed.
=====================
HB1409, Antidiscrimination Section 8, Domestic Violence
05/28/2014 at 02:00 PM    LOB 208
Title: Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.

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

Property Owner Position: Against

Link to Committee Info:

Email to Committee:
To:
Subject: HB1409

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

Talking Points:
WE NEED EVERYONE INVOLED.

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

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

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

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

We were told the victims of domestic violence sometimes have trouble getting apartments because these tenants have bad landlord references.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work.  The Section 8 lease and contract is very large with an extreme number of clauses.  Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant.  Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.

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

f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a dysfunctional  Congress.  Who knows what they will continue to fund.
h. Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face financial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.

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

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

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

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

7. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence.  This could easily open up “frivolous” lawsuits against landlords.

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

Standard Insurance companies research shows that if there is a majority of a building rented to Section 8 occupants there tend to be more liability claims and less maintenance is done on the building.  We have been told by insurance agents that it is their right not to insure the building in that situation and that insurance rates would likely go up if a landlord had large amounts of section 8 tenants in their building.

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

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



Sunday, May 18, 2014

Legislative Update - 5/18/2014 - IMPORTANT Update on HB1409

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

Howdee everyone,

Important Updates:HB590, Unauthorized Practice of Law
House voted Non-Concurred (which may kill the bill).
Senate voted Committee of Conference (which may try to work out a compromise).
So we are not sure which way this is going.

HB1409, Anti-Discrimination
Full Senate passed HB1409 without making any of the requests we asked for in the amendment for a study commission. The amendment is at


It now will go back to the House Judiciary Committee who will decide on a recommendation of what to do next.  The choices are:
  • Concur – Which means agree with the amendment from the Senate
  • Non-Concur – Which means disagree with the amendment from the Senate and effectively kill the bill.
  • Committee of Conference – Which means establish yet another committee of some from the House and some from the Senate to work on reconciling the two versions.

Action items this week:

HB1409, Anti-Discrimination
  • Contact the HOUSE Judiciary Committee and urge them to vote Non-Concur (against) HB1409 as amended by the Senate.
  • If you know Representatives personally who are on the House Judiciary committee call them & email them.
  • Contact the entire House with the same message.
See our letter to the Judiciary Committee as an example (immediately after this email).
House Judiciary Email: HouseJudiciaryCommittee@leg.state.nh.us

To find both your Representative & Senator goto
http://www.gencourt.state.nh.us/house/members/wml.aspx

To write to all House of Representatives use:HReps@leg.state.nh.us

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:None

Next week:None

Important Bills with Updated Status:HB1409, Antidiscrimination Section 8, Domestic Violence
HB590, Unauthorized Practice of Law

Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
To:  NH House Judiciary Committee
From: Nick Norman and David Cline
Date: May 18, 2014
Subject: Senate Amendment to HB 1409 Anti-Discrimination

    WE HIGHLY RECOMMEND THAT YOU VOTE NON-CONCURR TO HB 1409, rather than have it be sent to a study commission.    Although the language of the original HB 1409 is not overly complicated, the effects of the bill, if it became law, would be.

If however the House & the Senate ultimately decide that the bill should be sent to a study commission, we are asking you to consider changing the amendment so that it addresses our concerns about the commission.


1.    The first concern that we have is with the composition of the members of the commission. Five of the organizations named to send representatives to the study commission are tenant advocates. However, only three of the other positions named are clearly landlords or landlord representatives.  We feel that there should be an equal number of landlord and tenant representatives on the commission.

    Section 2 (g) of the bill appoints two small landlords from the New Hampshire Property Owners Association to the commission.  The bill does not define small landlords, so it is unclear as to who can be appointed.  Further, the New Hampshire Property Owners Association represents only a small minority of landlords in New Hampshire.  There are a number of other landlord organizations in New Hampshire, including the one we belong to, The Rental Property Owners Association, where most of our members are in the eastern or seacoast area of the state.

    We suggest this part of the amendment be changed to include 5 landlord representatives, with 4 being small landlords, individuals who own or operate less than 100 units, if possible from different areas of the state. The other landlord representative should be a large landlord who owns or operates 100 or more units.

With these changes, membership to the commission would be:
(a) The president of Families in Transition, or designee.

(b) The executive director of the New Hampshire housing finance authority, or designee.

(c) The executive director of New Hampshire Legal Assistance, or designee.

(d) The executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, or designee.

(e) The president of the New Hampshire Association of Realtors, or designee.

(f) The executive director of The Way Home, or designee.

(g) Four small property owners that own less than 100 units each, appointed by the president of the senate.

(h) One large property owner that owns more than 100 units, appointed by the speaker of the house of representatives.

(i) Two members of the house judiciary committee, appointed by the speaker of the house of representatives.

(j) One member of the senate judiciary committee, appointed by the president of the senate.

2.    Our second concern is that the amendment does not include areas or issues that the commission should study.

A.    We suggest that the commission report on the need for the making people who are eligible for Federal Housing Assistance a protected class under the anti-discrimination statues.

During both the Senate and House Committee hearings on HB 1409, the advocates for the bill testified to tenants who had vouchers and could not find the housing they wanted.  However, no one ever indicated the number of tenants who were unable to find housing in their price range due. There was also no information offered at either hearing as to the number of landlords who accept vouchers, nor the number and quality of the units available to tenants who have vouchers.

    B.    We suggest the commission study the impact of the bill. Would the bill, if passed, stop the harm perceived by the tenant advocates?  How would it effect landlords both financially and in the management and operation of their buildings?

Many tenants are denied apartments because they have bad rental history, which includes not only issues of non-payment of rent, but damage to the apartments, improper conduct, including loud parties, fights, drugs, extra people living in the apartment, having pets without the consent of the landlord, or not abiding by the terms and conditions of a lease. Are these people included in those who claim they had trouble renting because they receive Federal Housing Assistance?

    How much extra time does a landlord have to expend to accept a tenant who has Rental Assistance? What are the costs? Are there alternatives that maybe more acceptable to landlords, especially those of us who own more than 20 apartments, but are still small landlords (less than 100 units)?  Could the owners of 20 to 100 units only be required to have a percentage of apartments in any one building leased to Federal Housing Assistance recipients?

    C. Many victims of domestic abuse have difficulty, for a number of reasons, ending the relationship with the abuser, especially if there are children from the relationship. This has resulted in the abuser moving back in with the victim, and the cycle of violence begins again. HB 1409 does not afford other tenants in the building where the victim lives, any protection, nor does it give the landlord any means to quickly have the abuser removed from the building.

    We suggest that the commission study the ways to prevent the above occurring, and providing methods for the landlord and other tenants who are also victimized by the abuser, to have the abuser removed from the apartment.  This can include making only victims who have current and enforceable domestic violence orders in effect members of the protected class, amending RSA 540-A empowering the Circuit Courts to issue orders removing the abuser who is not party to the lease, amending RSA 540 that having a person living in an apartment who is not party to the lease and who does not have the landlord’s consent to live in the apartment is grounds for a 7 days eviction notice and not the current 30 days notice, and amend RSA 173-B so that domestic violence orders are for two years and renewable for an additional two years.
  

    Thank you for reading this and considering our suggestions.

==============================================

Updated Bills

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.

HB421, Real Estate Brokerage Regulation   
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB590, Unauthorized Practice of Law   
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: NONCONCURRED REQUEST CONFERENCE
Senate Status: CONFERENCE COMMITTEE

HB1196, Special Circumstances To Waive Interest On Unpaid Taxes   
Title: (New Title) relative to applications for abatements and authority to abate prior years’ property taxes.
Property Owner Position: LimitedImpact; You Decide
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1532, Radon Results Notification   
Title: (New Title) relative to notification of radon and arsenic levels.
Property Owner Position: You Decide
House Status: NONCONCURRED REQUEST CONFERENCE
Senate Status: CONFERENCE COMMITTEE

SB374, Standardize Terms Domicile & Residency   
Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

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

SB267, Extend  Effective Date Integrated Land Permits   
Title: extending the effective date for integrated land development permits.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED

HB1283, Rights on Revival of Condo Charter   
Title: (New Title) relative to revival of a charter by a voluntary corporation or association.
Property Owner Position: LimitedImpact; You Decide
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1409, Antidiscrimination Section 8, Domestic Violence   
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1237, Prevent Communities from Restricting Sexual Offender Residency   
Title: prohibiting residency restrictions for registered sex offenders and offenders against children.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED
Senate Status: INTERIM STUDY
==============================================
Full details on all bills above:HB421, Real Estate Brokerage Regulation
03/26/2014 at 09:00 AM    SH 100
Title: Title: relative to regulation of real estate brokerage and sales by the real estate commission.

Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06

Email to Committee:
To: sharon.carson@leg.state.nh.us; john.reagan111@gmail.com; donna.soucy@leg.state.nh.us; david.watters@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB421

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.

Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it.  It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.

The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
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:

Email to Committee:
To:
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 applications for abatements and authority to abate prior years’ 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.
=====================
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:

Email to Committee:
To:
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.
=====================
SB374, Standardize Terms Domicile & Residency
04/03/2014 at 01:30 PM    LOB 308
Title: Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.

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

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H36

Email to Committee:
To: ~HouseElectionLawCommittee@leg.state.nh.us
Subject: SB374

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

Talking Points:
none developed so far.
=====================
SB368, Increase Max Fine Re: Lead Remediation
04/29/2014 at 10:30 AM    LOB 202
Title: Title: increasing the maximum fine for lead remediation.

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

Property Owner Position: Against

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

Email to Committee:
To: 0
Subject: SB368

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

Talking Points:
You decide talking points on this one.
=====================
SB267, Extend  Effective Date Integrated Land Permits
04/10/2014 at 10:30 AM    LOB 305
Title: Title: extending the effective date for integrated land development permits.

Summary: Extends  the effective date from January 1, 2015 to July 1, 2017 for integrated land permits.  This is related to RSA 489 titled Integrated Land Development.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H22

Email to Committee:
To: ~HouseResourcesRecreationandDevelopment@leg.state.nh.us
Subject: SB267

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0267.html
Analysis Stated in Bill:

Talking Points:
none developed so far.
=====================
HB1283, Rights on Revival of Condo Charter
04/15/2014 at 02:00 PM    LOB 101
Title: Title: (New Title) relative to revival of a charter by a voluntary corporation or association.

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

Property Owner Position: LimitedImpact; You Decide

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

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

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

Talking Points:
Limited Impact, no talking points developed.
=====================
HB1409, Antidiscrimination Section 8, Domestic Violence
04/22/2014 at 10:30 AM    SH 100
Title: Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.

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

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB1409

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

Talking Points:
WE NEED EVERYONE INVOLED.

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

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

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

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

We were told the victims of domestic violence sometimes have trouble getting apartments because these tenants have bad landlord references.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work.  The Section 8 lease and contract is very large with an extreme number of clauses.  Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant.  Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.

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

f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a dysfunctional  Congress.  Who knows what they will continue to fund.
h. Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face financial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.

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

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

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

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

7. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence.  This could easily open up “frivolous” lawsuits against landlords.

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

Standard Insurance companies research shows that if there is a majority of a building rented to Section 8 occupants there tend to be more liability claims and less maintenance is done on the building.  We have been told by insurance agents that it is their right not to insure the building in that situation and that insurance rates would likely go up if a landlord had large amounts of section 8 tenants in their building.

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

This is a terrible bill for landlords. Stay tuned, contact you legislators and ask them to vote against HB1409 as amended.
=====================
HB1237, Prevent Communities from Restricting Sexual Offender Residency
04/29/2014 at 10:00 AM    SH 100
Title: Title: prohibiting residency restrictions for registered sex offenders and offenders against children.

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.
=

Monday, May 12, 2014

Legislative Update 5/11/2014 - Updates and Letter sent to NH Senate

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

Howdee everyone,

Important Updates:
HB590, Unauthorized Practice of Law
There is planned to be a committee of conference which means the House & the Senate will attempt to reconcile their different versions of the bill.

HB1409, Anti-Discrimination
Senate Judiciary committee amended the bill to establish a study commission instead.
The amendment is at
http://www.gencourt.state.nh.us/legislation/amendments/2014-1733S.html


HOW YOU CAN HELP

HB1409, Anti-Discrimination, contact full Senate and urge them to vote against HB1409 or if they move forward with study commission urge them to make the changes outlined in our letter to the Senate.  Here is the text of the letter:
---------------------------------------------------------------
To:  NH Senate
From: Nick Norman and David Cline 
Date: May 11, 2014
Subject: Amendment to HB 1409

    We are sending you this memo to convey our thoughts on the amendment to HB 1409 which would create a commission to study discrimination against people who receive Federal Housing Assistance or are victims of domestic violence, stalking or sexual assault.

    We highly recommend that HB 1409 be determined as Inexpedient to Legislate, rather than be sent to a study commission.  Although the language of HB 1409 is not overly complicated, the effects of the bill, if it became law, would be.

If the committee & the Senate decides that the bill should be sent to a study commission, we are asking you to consider changing the amendment so that it addresses our concerns about the commission.

1.    The first concern that we have is with the composition of the members of the commission. Five of the organizations named to send representatives to the study commission are tenant advocates. However, only three of the other positions named are clearly landlords or landlord representatives.  We feel that there should be an equal number of landlord and tenant representatives on the commission.

    Section 2 (g) of the bill appoints two small landlords from the New Hampshire Property Owners Association to the commission.  The bill does not define small landlords, so it is unclear as to who can be appointed.  Further, the New Hampshire Property Owners Association represents only a small minority of landlords in New Hampshire.  There are a number of other landlord organizations in New Hampshire, including the one we belong to, The Rental Property Owners Association, where most of our members are in the eastern or seacoast area of the state.

    We suggest this part of the amendment be changed to include 5 landlord representatives, with 4 being small landlords, individuals who own or operate less than 100 units, if possible from different areas of the state. The other landlord representative should be a large landlord who owns or operates 100 or more units.

With these changes, membership to the commission would be:
(a) The president of Families in Transition, or designee.

(b) The executive director of the New Hampshire housing finance authority, or designee.

(c) The executive director of New Hampshire Legal Assistance, or designee.

(d) The executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, or designee.

(e) The president of the New Hampshire Association of Realtors, or designee.

(f) The executive director of The Way Home, or designee.

(g) Four small property owners that own less than 100 units each, appointed by the president of the senate.

(h) One large property owner that owns more than 100 units, appointed by the speaker of the house of representatives.

(i) Two members of the house judiciary committee, appointed by the speaker of the house of representatives.

(j) One member of the senate judiciary committee, appointed by the president of the senate.

2.    Our second concern is that the amendment does not include areas or issues that the commission should study. 

   A.     We suggest that the commission report on the need for the making people who are eligible for Federal Housing Assistance a protected class under the anti-discrimination statues.

During both the Senate and House Committee hearings on HB 1409, the advocates for the bill testified to tenants who had vouchers and could not find the housing they wanted.  However, no one ever indicated the number of tenants who were unable to find housing in their price range due. There was also no information offered at either hearing as to the number of landlords who accept vouchers, nor the number and quality of the units available to tenants who have vouchers. 

    B.     We suggest the commission study the impact of the bill. Would the bill, if passed, stop the harm perceived by the tenant advocates?  How would it effect landlords both financially and in the management and operation of their buildings?

Many tenants are denied apartments because they have bad rental history, which includes not only issues of non-payment of rent, but damage to the apartments, improper conduct, including loud parties, fights, drugs, extra people living in the apartment, having pets without the consent of the landlord, or not abiding by the terms and conditions of a lease. Are these people included in those who claim they had trouble renting because they receive Federal Housing Assistance?

    How much extra time does a landlord have to expend to accept a tenant who has Rental Assistance? What are the costs? Are there alternatives that maybe more acceptable to landlords, especially those of us who own more than 20 apartments, but are still small landlords (less than 100 units)?  Could the owners of 20 to 100 units only be required to have a percentage of apartments in any one building leased to Federal Housing Assistance recipients?

    C.    Many victims of domestic abuse have difficulty, for a number of reasons, ending the relationship with the abuser, especially if there are children from the relationship. This has resulted in the abuser moving back in with the victim, and the cycle of violence begins again. HB 1409 does not afford other tenants in the building where the victim lives, any protection, nor does it give the landlord any means to quickly have the abuser removed from the building. 

    We suggest that the commission study the ways to prevent the above occurring, and providing methods for the  landlord and other tenants who are also victimized by the abuser, to have the abuser removed from the apartment.  This can include making only victims who have current and enforceable domestic violence orders in effect members of the protected class, amending RSA 540-A empowering the Circuit Courts to issue orders removing the abuser who is not party to the lease, amending RSA 540 that having a person living in an apartment who is not party to the lease and who does not have the landlord’s consent to live in the apartment is grounds for a 7 days eviction notice and not the current 30 days notice, and amend RSA 173-B so that domestic violence orders are for two years and renewable for an additional two years.
    
Thank you for reading this and considering our suggestions.

------------------------------------------------------------------------------------------------------------------------------------------------------

HOW YOU CAN HELP

We need everyone to:
1. Review our letter to the Senate immediately below this email.
Note:
A.    We are asking Senators to kill the bill.
B.    If they don’t kill it but keep the study commission instead then
C.    we are asking that the commission be modified to include more landlords at large (not necessarily connected to one organization) &
define subject areas to be studied
  See our letter below this email.
2. Contact your Senator where you live. Ask them to vote against the bill or make the recommend changes to the commission.  Get talking points from our letter and from the full detail of the bill.
Start subject line of your email with “(from ‘yourtown’ resident) vote against HB1409 Anti-Discrimination)
Also call your Senator.
3. Contact your senator where you own property. Ask them to vote against the bill or make the recommend changes to the commission as above.
Also call your Senator.
4. Email all Senators ask them to vote against the bill with short summary why.

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).

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 Senators use:Senators@Leg.state.nh.us

This week:None

Next week:None

Bills with Updated Status:See Bills Summary below.

Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================

==============================================
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,
==============================================
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.

HB421, Real Estate Brokerage Regulation    
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:

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

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

SB306, NH Study Commission on Foreclosure Law    
Title: establishing a commission to study New Hampshire mortgage foreclosure law, new federal regulations, and fair foreclosure practices.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: CONCURRED

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

SB310, Commercial Tenant Brewer License    
Title: authorizing tenant brewing.
Property Owner Position: LimitedImpact; You Decide
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: NONCONCURRED REQUEST CONFERENCE
Senate Status: PASSED / ADOPTED WITH AMENDMENT

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

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

SB374, Standardize Terms Domicile & Residency    
Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED

SB286, Allow Abatement For Prior Year Taxes    
Title: relative to abatements for prior years' property taxes.
Property Owner Position: For
House Status: INTERIM STUDY
Senate Status: PASSED / ADOPTED WITH AMENDMENT

SB237, Condo Notice local land use board hearings    
Title: (New Title) relative to the definition of “abutter” for notice of land use board hearings.
Property Owner Position: LimitedImpact; You Decide
House Status: INEXPEDIENT TO LEGISLATE
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

SB267, Extend  Effective Date Integrated Land Permits    
Title: extending the effective date for integrated land development permits.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED

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

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

HB1272, Excluding Fraternity Rental to Member from RSA540.    
Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

HB1409, Antidiscrimination Section 8, Domestic Violence    
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:

HB1237, Prevent Communities from Restricting Sexual Offender Residency    
Title: prohibiting residency restrictions for registered sex offenders and offenders against children.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED
Senate Status: REPORT FILED:
==============================================
Full details on all bills above:HB421, Real Estate Brokerage Regulation
03/26/2014 at 09:00 AM    SH 100
Title: Title: relative to regulation of real estate brokerage and sales by the real estate commission.

Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06

Email to Committee:
To: sharon.carson@leg.state.nh.us; john.reagan111@gmail.com; donna.soucy@leg.state.nh.us; david.watters@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB421

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.

Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it.  It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.

The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
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.
=====================
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.
=====================
SB306, NH Study Commission on Foreclosure Law
04/01/2014 at 11:30 AM    LOB 302
Title: Title: establishing a commission to study New Hampshire mortgage foreclosure law, new federal regulations, and fair foreclosure practices.

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

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB306

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

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

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

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB333

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

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

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

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB310

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

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

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

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38

Email to Committee:
To: martha.fullerclark@leg.state.nh.us; bob.odell@leg.state.nh.us; represcott@represcott.com; Jeff.Woodburn@leg.state.nh.us; jeb.bradley@leg.state.nh.us; ;
Subject: HB1532

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

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

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

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

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

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

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: SB375

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

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

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

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

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: 0
Subject: SB243

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

Talking Points:
Limited Impact, no talking points developed.
=====================
SB374, Standardize Terms Domicile & Residency
04/03/2014 at 01:30 PM    LOB 308
Title: Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.

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

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H36

Email to Committee:
To: ~HouseElectionLawCommittee@leg.state.nh.us
Subject: SB374

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

Talking Points:
none developed so far.
=====================
SB286, Allow Abatement For Prior Year Taxes
04/08/2014 at 10:00 AM    LOB 301
Title: Title: relative to abatements for prior years' property taxes.

Summary: Allows abatements for prior year taxes.

Property Owner Position: For

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

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB286

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0286.html
Analysis Stated in Bill:

Talking Points:
This bill is a "housekeeping" bill to make the statute regarding the abatement of taxes clearer and easier to read. However, although the statue did not say prior years could not be abated, that was an enterpretation by towns & cities.
The bill clarifies that prior years taxes can be abated.
=====================
SB237, Condo Notice local land use board hearings
04/08/2014 at 11:00 AM    LOB 301
Title: Title: (New Title) relative to the definition of “abutter” for notice of land use board hearings.

Summary: This bill would require Condo boards to post in common areas notices they received of local land use board hearings. (We are guesing that this generally would be Planning Board, Zoning Board of Adjustment and other such boards).

Property Owner Position: LimitedImpact; You Decide

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

Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB237

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0237.html
Analysis Stated in Bill:

Talking Points:
The purpose of the bill is to provide notice to individual condo owners of such hearing since, from the language of the existing statute, the notices are only sent to the condo board of directors.

Although we think the bill is a good idea, we are also guessing it would have little to no impact on our day to day business as apartment owners and managers.
=====================
SB368, Increase Max Fine Re: Lead Remediation
04/29/2014 at 10:30 AM    LOB 202
Title: Title: increasing the maximum fine for lead remediation.

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

Property Owner Position: Against

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

Email to Committee:
To: 0
Subject: SB368

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

Talking Points:
You decide talking points on this one.
=====================
SB267, Extend  Effective Date Integrated Land Permits
04/10/2014 at 10:30 AM    LOB 305
Title: Title: extending the effective date for integrated land development permits.

Summary: Extends  the effective date from January 1, 2015 to July 1, 2017 for integrated land permits.  This is related to RSA 489 titled Integrated Land Development.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H22

Email to Committee:
To: ~HouseResourcesRecreationandDevelopment@leg.state.nh.us
Subject: SB267

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0267.html
Analysis Stated in Bill:

Talking Points:
none developed so far.
=====================
SB203, Limitations on EBT Card Use
04/15/2014 at 11:00 AM    LOB 205
Title: Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.

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

Property Owner Position: Amend; then "For"

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H09

Email to Committee:
To: ~HHSEA@leg.state.nh.us
Subject: SB203

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

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

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

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

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

New Hampshire Legal Assistance believes that some people who receive benefits via the EBT card withdraw cash to pay rent.  This does occur. Since housing is a necessity, we would like everyone to ask for the bill to be amended to include an exception to the $25 per transaction limit for withdraws for rent. It would require all landlords who accept the cash to provide receipts.
=====================
HB1570, Paint Tax
04/16/2014 at 09:45 AM    LOB 101
Title: Title: establishing a paint stewardship program.

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

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38

Email to Committee:
To: martha.fullerclark@leg.state.nh.us; bob.odell@leg.state.nh.us; represcott@represcott.com; Jeff.Woodburn@leg.state.nh.us; jeb.bradley@leg.state.nh.us; ;
Subject: HB1570

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

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

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

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

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

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

The annual initial costs are not high.  It is the future costs & bureaucracy that are a major concern.
=====================
HB1272, Excluding Fraternity Rental to Member from RSA540.
04/22/2014 at 10:10 AM    SH 100
Title: Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.

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

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: HB1272

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

Talking Points:
Some of our members felt they were against this bill. Why should these organizations be exempted from the laws we have to follow?
=====================
HB1409, Antidiscrimination Section 8, Domestic Violence
04/22/2014 at 10:30 AM    SH 100
Title: Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.

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

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB1409

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

Talking Points:
WE NEED EVERYONE INVOLED.

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

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

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

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

We were told the victims of domestic violence sometimes have trouble getting apartments because these tenants have bad landlord references.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work.  The Section 8 lease and contract is very large with an extreme number of clauses.  Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant.  Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.

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

f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a dysfunctional  Congress.  Who knows what they will continue to fund.
h. Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face financial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.

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

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

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

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

7. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence.  This could easily open up “frivolous” lawsuits against landlords.

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

Standard Insurance companies research shows that if there is a majority of a building rented to Section 8 occupants there tend to be more liability claims and less maintenance is done on the building.  We have been told by insurance agents that it is their right not to insure the building in that situation and that insurance rates would likely go up if a landlord had large amounts of section 8 tenants in their building.

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

This is a terrible bill for landlords. Stay tuned, contact you legislators and ask them to vote against HB1409 as amended.
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HB1237, Prevent Communities from Restricting Sexual Offender Residency
04/29/2014 at 10:00 AM    SH 100
Title: Title: prohibiting residency restrictions for registered sex offenders and offenders against children.

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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