Tuesday, January 27, 2015

New Date and Times for Canceled Hearings

This update has been provided by Nick Norman, Director, Landlord Legislative Affairs

You can contact Nick at nicknorman@yahoo.com


Howdee everyone,
 
Because of the blizzard, the hearings originally scheduled for Tuesday now scheduled for Wednesday.
 
Also NHLA, has proposed amendments to 2 of the bills.

There are some pieces missing from the original language but a lot of the amendment seems acceptable and even more clearly written.  We are studying the amendments and will respond at the hearing.  If you would like to discuss this more or would like copies of our response prior to the hearing feel free to contact me.
 
Contact Nick Norman for a copy of the NHLA Amendments.
 
New Schedule:
01/28/2015 at 10:00 AM    LOB 302
HB308, Supervision Of Real Estate Offices And Duties Of A Facilitator
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide
 
01/28/2015 at 11:00 AM    LOB 202
HB359, Carroll County To Offer Property Tax Exemptions
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide
 
01/28/2015 at 01:00 PM    LOB 208
HB315, 7 Days Eviction Notice In Certain Circumstances
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
 
01/28/2015 at 01:45 PM    LOB 208
HB309, Removal of Tenants Property
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
 
01/28/2015 at 02:00 PM    LOB 202
HB350, Commission To Study Impacts Of The Property Tax
Level of Response: You Decide
Property Owner Position: You Decide
 
01/28/2015 at 02:30 PM    LOB 208
HB269, First, Last Month’s Rent & Security Deposit
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
 
Love & Light,
Nick Norman
Director of Legislative Affairs

Monday, January 26, 2015

Landlord Connection closed on Tuesday

The Landlord Connection will be closed on Tuesday, January 27th due to the anticipated severe weather.  We will re-open on Wednesday at 8:00 am.

Below is a memo from Rick Blais regarding Landlord Workshops.  He would like your feedback.  Please let him hear from you.

Landlords
2015 is the year of growth!
We want your feedback on the future of Landlord Workshops.

We have been hosting workshops in our Queen City Ave. office for over 15 years. Trying to keep you all informed and teach people how to make money in real-estate, by becoming a business owner.

With technology we can now do webinars and bring you workshops on your computers. 

We like to get your feedback so we can plan our 2015 workshops.

Please take the time to fill out your thoughts on how you would like to attend the workshops either live at our office in Manchester, NH or by webinar?

Next workshop will be scheduled in February.

Please Click Here for your input

Sent By:Rick Blais, Primerica50 Queen City Ave.Manchester NH 03103

Sunday, January 25, 2015

Legislative Update - Major Landlord/Tenant Bills Being Heard this Week

THIS LEGISLATIVE UPDATE IS PROVIDED TO NH LANDLORDS BY NICK NORMAN, DIRECTOR OF LANDLORD LEGISLATIVE AFFAIRS

 
Howdee everyone,

This is the first MAJOR week of high importance real estate bills.  We need everyone to show up at the Tuesday legislative hearings, to also call and email legislators in favor of these bills.
(Apologies for short notice; hearings have just been scheduled in the past few days & bill texts are being release later than normal).
 
Major bills this week:
Property Owner Position is “For” each of these major bills.
 
01/27/2015 at 01:00 PM    LOB 208
HB315, 7 Days Eviction Notice In Certain Circumstances
 
01/27/2015 at 01:45 PM    LOB 208
HB309, Permitting Landlords To Remove Tenants Property Under Certain Circumstances.
 
01/27/2015 at 02:30 PM    LOB 208
HB269, First, Last Month’s Rent & Security Deposit
Level of Response: Attend hearings, Email & Call Legislators
 
Action items this week:
1. Please email or call House Judiciary committee& ask them to vote in our favor of the above important bills.
Use       HouseJudiciaryCommittee@leg.state.nh.us
Contact info at:   http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
 
2. Most importantly show up at the hearings on Tuesday and at least sign in For the bills.  If you like also sign in to speak in favor of the bills.  (Just signing in For the bill makes a positive impact).
 
3. 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).
 
4. Contact us to volunteer with short 15 minute assignments so we can keep this Legislative Initiative going strong.
 
 
Hearings this week:
01/27/2015 at 10:00 AM    LOB 302
HB308, Supervision Of Real Estate Offices And Duties Of A Facilitator
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide
 
01/27/2015 at 11:00 AM    LOB 202
HB359, Carroll County To Offer Property Tax Exemptions
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide
 
01/27/2015 at 01:00 PM    LOB 208
HB315, 7 Days Eviction Notice In Certain Circumstances
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
 
01/27/2015 at 01:45 PM    LOB 208
HB309, Permitting Landlords To Remove Tenants Property Under Certain Circumstances.
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
 
01/27/2015 at 02:00 PM    LOB 202
HB350, Commission To Study Impacts Of The Property Tax
Level of Response: You Decide
Property Owner Position: You Decide
 
01/27/2015 at 02:30 PM    LOB 208
HB269, First, Last Month’s Rent & Security Deposit
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
 
01/29/2015 at 11:00 AM    LOB 301
HB341, Property Tax Exemption For The Disabled
Level of Response:
Property Owner Position: Not analyzed. Believed to be Limited Impact.
 
01/29/2015 at 11:40 AM    LOB 301
HB288, Code For Energy Conservation In New Building Construction
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide
 
01/29/2015 at 02:00 PM    LOB 306
HB286, Permits Issued By Building Inspectors
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide
 
Hearings next week:
02/03/2015 at 10:00 AM    LOB 302
HB353, Operation of Condo Associations
Level of Response:
Property Owner Position: Not analyzed yet.
 
02/03/2015 at 01:00 PM    LOB 202
HB180, Consideration Under Real Estate Transfer Tax
Level of Response: Sent to George & Annette & Labbe for YNL
Property Owner Position: Not analyzed yet but we maybe against this bill.  Does this bill tax onwers transfering property from one entity to another?
 
02/03/2015 at 02:00 PM    LOB 202
HB222, Exempting Homeowners Over 80 Years Of Age From Statewide Education Tax
Level of Response: Sent to George & Annette & Labbe for YNL
Property Owner Position: Not analyzed. Believed to be Limited Impact.
 
Coming Soon:
There is a major bill related to new changes in the lead paint law.
 
Surprise!  We are mostly FOR this bill.  We are analyzing it now and have been involved in stake holder meetings.
Stay tuned for much more info & note this bill is somewhat of a “living document” with continuing changes.  Depending on what version comes through the legislature we may change our position on the bill or parts of it.
 
When the bill text is finally released we will again need everyone to show up strong related to this bill.
 
Stay tuned.
 
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
Director of Legislative Affairs
==============================================
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.
HB308    
Title: relative to the supervision of a real estate office and the duties of a facilitator under the real estate practice act.
Property Owner Position: LimitedImpact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB359    
Title: allowing municipalities in Carroll county to offer property tax exemptions to foster commercial and industrial construction.
Property Owner Position: LimitedImpact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB315    
Title: relative to termination of tenancy.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
HB309    
Title: permitting landlords to remove tenants' property in certain circumstances.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
HB350    
Title: establishing a commission to study the impacts of the property tax on New Hampshire's residents, businesses, municipalities, and the economy.
Property Owner Position: You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB269    
Title: allowing a landlord to collect first and last month's rent in addition to a security deposit.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
HB341    
Title: relative to eligibility in a municipality for the property tax for the disabled.
Property Owner Position: Not analyzed. Believed to be Limited Impact.
House Status: IN COMMITTEE
Senate Status: none
 
HB288    
Title: relative to the code for energy conservation in new building construction.
Property Owner Position: LimitedImpact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB286    
Title: relative to permits issued by building inspectors.
Property Owner Position: LimitedImpact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB353    
Title: relative to the governance of condominium unit owners' associations.
Property Owner Position: Not analyzed yet.
House Status: IN COMMITTEE
Senate Status: none
 
HB180    
Title: relative to the definition of "price or consideration" under the real estate transfer tax.
Property Owner Position: Not analyzed yet but we maybe against this bill.  Does this bill tax onwers transfering property from one entity to another?
House Status: IN COMMITTEE
Senate Status: none
 
HB222    
Title: exempting certain homeowners over 80 years of age from the statewide education tax.
Property Owner Position: Not analyzed. Believed to be Limited Impact.
House Status: IN COMMITTEE
Senate Status: none
==============================================
Full details on all bills above:
HB308, Supervision Of Real Estate Offices And Duties Of A Facilitator
01/27/2015 at 10:00 AM    LOB 302
Title: Title: relative to the supervision of a real estate office and the duties of a facilitator under the real estate practice act.
 
Summary: Limited Impact.  Not analyzed yet to allow time on more critical bills.
 
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: HB308
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0308.html
Analysis Stated in Bill:
 
Talking Points:
none developed so far.
=====================
HB359, Carroll County To Offer Property Tax Exemptions
01/27/2015 at 11:00 AM    LOB 202
Title: Title: allowing municipalities in Carroll county to offer property tax exemptions to foster commercial and industrial construction.
 
Summary: Limited Impact.  Not analyzed.
 
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: HB359
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0359.html
Analysis Stated in Bill:
 
Talking Points:
Provided in update only to give notice to those that may be affected.
=====================
HB315, 7 Days Eviction Notice In Certain Circumstances
01/27/2015 at 01:00 PM    LOB 208
Title: Title: relative to termination of tenancy.
 
Summary: This bill reduces the eviction notice from 30 days to 7 days in the following instances:
Someone staying in the unit who is not on the lease for more than 14 days consecutive or 30 days in a calendar year.
Pets or animals that are not in the lease.
Failure of tenant to put utilities in their name when required to do so.
 
Property Owner Position: For
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
 
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB315
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0315.html
Analysis Stated in Bill:
 
Talking Points:
We need everyone to show up at the hearing in favor of this bill & call and write to legislators to support this important bill.  Stay tuned for changes.  We have met with NHLA who has proposed changes.  Some we agree with, some need further work.
 
New Hampshire law allows a landlord in most residential tenancies to evict tenants by serving the tenants either a 7 days Eviction Notice or a 30 days eviction notice. Presently the 7 days eviction notice can only be used in certain limited circumstances.  Those circumstances are: (a) non-payment of rent  (b) substantial damages caused by the tenant, members of his family or guests (c) behavior by the tenant, members of  his family or guest that adversely affects the health, safety of the landlord or other tenants or failure to accept temporary alternative housing during lead paint abatement.  All other evictions require a 30 days Eviction Notice.
 
HB 315, if enacted, would add three additional circumstances where a landlord could use a 7 days Eviction Notice.  These three are:
(1) a person staying in the leased premises who is not a party to the lease, and does not have the consent of the landlord, for more than 14 consecutive days or more than 30 days in a calendar year
(2) having a pet or animal in the premises in violation of a lease or rental agreement
(3) failure to establish utilities in the tenant’s or terminating utility service when the tenant is required to pay such under the terms of the lease. Please note, that each of the above categories has to be a breach of the lease. For those landlords who do not use leases, or do not prohibit these categories in their leases, they would not be able to use the provisions of this bill, if it became law.
 
This bill has major advantages for landlords in dealing with the tenants who are purposely breaking the terms of a lease in the three circumstances outlined above, or do not have the financial means to abide by the terms of the lease.
 
Extra people who move into our apartments, especially if the landlord pays for heat and hot water, use these utilities solely at the expense of the landlord.  The additional people not only increase utility usage but also wear and tear of the apartment, again at the landlord’s expense. These people also are not parties to lease, many times do not know or care about the terms of the lease or the rules and regulations of the landlord, and have nothing to lose if they violate the terms of the lease. Since they are invited into the apartment by the tenant, the police are reluctant to issue a no trespass order. Basically, these extra people are living for free at the landlord’s expense. Some may even consider these people stealing our services.  And what about those cases where an invitee of a tenant takes over the apartment saying they are the tenant but have never signed or agreed to any terms of the lease.  People who are “crashing” at someone's apartment, can be a danger  to the landlord and other tenants unless properly screened and approved.
 
Many of us charge more rent for people with pets in order to offset the damage some pets do to our buildings, and since the rent is higher, charge a higher security deposit equal to one month’s rent.  The tenant who sneaks a pet in without our consent is depriving us of the ability to charge the higher rent and obtain more security deposit from that tenant to offset the extra wear and tear and damage from the pet. It also makes it much more difficult to collect the additional rent from other tenants who have pets once they hear about what the “sneak” did at no additional cost.
 
Unauthorized dogs could bite someone, triggering a lawsuit. The landlord could have his insurance policy cancelled just by the dog being there, especially in the case of “aggressive” breeds.  This has forced the property to go on surplus insurance at a much greater cost with less coverage.
 
Pets can be destructive.  The longer the pet is in an apartment, the more destruction it can do.  For instance, a cat clawing on the wood work or using the carpets as a litter box, will cause more damage the longer it is in the apartment. Also if the animal has flees, and sooner that animal is out of the building, the less likely the fleas will spread to other units. (There seems to be a direct correlation between the people who sneak a pet in, and the people who do not take proper care of their pet).  Reducing the time it takes to evict the tenant, by 23 days, substantially reduces the time the pets can damage the rented unit.
 
If a tenant does not put utilities into his or her name, or terminates utilities or has utilities shut off on them, one of two things could happen.  The first is creating a risk of the building freezing during the winter. The longer the utilities are off, the greater the risk of damage to the building. The second is that the utilities are often transferred into the landlord’s name, and the landlord has to pay for services that the tenant agreed to pay for when the tenant signed the lease. Since a landlord may not terminate utilities on a tenant the landlord then remains stuck paying for a tenant’s utilities which the tenant should be paying per the lease agreement. Reducing the time that tenant had to use someone else’s services, would reduce the loss to the landlord. This is no different than a non-payment of rent, especially since rents are reduced when utilities, principally heat, is not included.
 
Landlords often get complaints from other tenants at the property about these issues.  This bill would help landlords to more quickly address the concerns of other tenants in the building & enforce the terms of the lease more efficiently.
=====================
HB309, Permitting Landlords To Remove Tenants Property Under Certain Circumstances.
01/27/2015 at 01:45 PM    LOB 208
Title: Title: permitting landlords to remove tenants' property in certain circumstances.
 
Summary: The landlord shall be able to remove property (without penalty) that creates a hazard or blocks access to common areas. No notice is required.
 
The Landlord shall be able to remove property with notice for property such as unregistered vehicles, or anything else prohibited in the lease, provided that two notices are given at least 24 hours apart.
 
Property Owner Position: For
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
 
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB309
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0309.html
Analysis Stated in Bill:
 
Talking Points:
We need everyone to show up at the hearing in favor of this bill & call and write to legislators to support this important bill.  Stay tuned for changes.  We have met with NHLA who has proposed changes most of which we agree with,
 
Currently, RSA 540-A:3 III specifically prohibits a landlord directly or indirectly denying a tenant access to the tenant’s personal property other than by proper judicial process.  This would include having a tenant’s vehicle or other property towed or removed from the landlord’s property.  Without this bill, if the landlord towed a tenant’s vehicle to comply with local ordinances or to provide access for emergency vehicles or to stop tenant’s car from blocking the driveway or another tenants parking spot, etc, etc, the present statute would subject a landlord to a $1,000 fine, plus a $1,000 a day fine for each day the tenant does not have his or her car after a court issues an order.  If the car was towed, the landlord, to stop the $1000/day fines, would have to pay all towing and storage fees.  The landlord would also be subject to paying the defendant’s attorney fees and costs.
 
HB 309 would eliminate this risk for landlords in certain limited circumstances. If the bill is enacted, and a tenant’s property is in a travel lane, common driveway, fire lane, the entrance or exit to any of these, or is in the entrance to a parking area or blocks a dumpster , then a landlord could legally remove a tenant’s property without notice to the tenant, and at the tenant’s expense.
 
For less egregious scenarios the bill would also allow a landlord to remove tenant’s property, after two notices to the tenant, with the second notice not to be delivered to the tenant until 24 hours after the first notice.  These scenarios include if the tenant’s property is located in a posted no parking area, is an unregistered or uninspected motor vehicle, is leaking fluids that are damaging the parking surface or are an environmental hazard, or is parked or stored in a manner that is in violation of the lease.
 
We need everyone’s full support for this bill. If passed, it will aid us in maintaining our properties, and in removing junk from our parking lots & handling tenants who just flatly refuse to follow their lease requirements regarding parking.   The bill is necessary in order to keep our properties clean and safe & to legally comply with local ordinance and zoning laws which require removal of certain offensive property.
 
The bill also offers protection for tenants who don't realize they are breaking a lease requirement. Once notified they would have the ability to correct the problem or the landlord will have the authority to correct it.
=====================
HB350, Commission To Study Impacts Of The Property Tax
01/27/2015 at 02:00 PM    LOB 202
Title: Title: establishing a commission to study the impacts of the property tax on New Hampshire's residents, businesses, municipalities, and the economy.
 
Summary: Establish a commission to study the impacts of the property tax on New Hampshire’s residents, businesses, municipalities, and the economy.
 
Property Owner Position: You Decide
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee:
To:
Subject: HB350
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0350.html
Analysis Stated in Bill:
 
Talking Points:
This bill is to establish a commission to study the impact of property taxes on New Hampshire businesses, residents, municipalities, and the economy. Such shall include:
 
(a) Options for establishing tax rates.
 
(b) Options for a broader range of exemptions consistent with the New Hampshire constitution, including a more robust homestead exemption.
 
(c) Property tax incentives to achieve public benefit goals such as affordability of housing and achieving municipal land use goals.
 
(d) An evaluation of the costs and effectiveness of property tax incentives as a tool for promoting economic development on both a local and      statewide basis.
 
(e) Enabling municipal or inter-municipal taxation and revenue sharing structures.
 
(f) Evaluating the impact of property taxes on small and capital-intensive businesses
 
 
If  it passes, we should participate with the study committee as it could impact our businesses.
=====================
HB269, First, Last Month’s Rent & Security Deposit
01/27/2015 at 02:30 PM    LOB 208
Title: Title: allowing a landlord to collect first and last month's rent in addition to a security deposit.
 
Summary: This bill allows a landlord to collect first and last month’s rent in addition to a security deposit.
Same as law in Massachusetts
 
Property Owner Position: For
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
 
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB269
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0269.html
Analysis Stated in Bill:
 
Talking Points:
There is a very strong opposition to this bill.  We need to show up very strong for it if we are going to get it to pass.
 
The current statute that governs security deposits, RSA 540-A:6 only permits a landlord to collect a security deposit of one month’s rent or $100, whichever is greater. A landlord can collect the first month’s rent but not the last month’s rent.  HB 269 would permit a landlord to collect the first and last month’s rent, and a security deposit equal to one month’s rent.  Basically, a tenant would have to come up with three month’s rent to move into an apartment. A written statement by the landlord regarding the last month’s rent would be required.  This is law in Mass now & standard practice in many states.
 
Under current law, if a tenant decides to use the security deposit as his or her last month’s rent, even if it is a violation of  the lease, the landlord has little recourse other than to evict the tenant,  spending money that will not be gotten back and angering the tenant who may further damage the apt.  Evictions take more than a month & the tenant usually has vacated by that time.  This scenario leaves the landlord with no security deposit to cover damages to the apartment.
 
With out the ability to collect last month’s rent, landlords have to be more careful in accepting tenants, which forces tenants with either bad rental history or no rental history to live in inferior buildings or neighborhoods.
 
We believe this will help prevent tenants from using their SD for the last month’s rent, then leaving the landlord footing the bill for an apt in terrible condition.
 
The bill does not mandate landlords to collect last month’s rent but simply allows for it if the landlord feels the need for extra protection.
 
Allowing upfront collection of last month’s rent would also provide another method for a tenant having trouble getting an apartment to relieve some of the financial concern of the landlord and possibly allow a tenant with rental application defects to secure an apartment.
 
Tenant groups will oppose it, as over half the people in the United States have less than $500 in reserves. (They live paycheck to paycheck).  Tenant groups will argue that his bill will make it very difficult for many people to rent apartments if they had to pay an amount equal to three months’ rent in advance. In addition, social service agencies simply do not have the funds to aid people with more than a month’s rent as security deposit.  However, as stated above collection of last month’s rent is only option and not mandated.  Our experience in the present market is that it is hard to collect even 1st month and security deposit.  Therefore, the likely scenario is that the last month option would only be used when the tenant is attempting to offset a their rental application defect and the have the money to do it.
 
Another option could be contractually having the tenant pay the last month’s rent in installments with the ability to evict for non-payment of this payment plan.
=====================
HB341, Property Tax Exemption For The Disabled
01/29/2015 at 11:00 AM    LOB 301
Title: Title: relative to eligibility in a municipality for the property tax for the disabled.
 
Summary:
 
Property Owner Position: Not analyzed. Believed to be Limited Impact.
 
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: HB341
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0341.html
Analysis Stated in Bill:
 
Talking Points:
 
=====================
HB288, Code For Energy Conservation In New Building Construction
01/29/2015 at 11:40 AM    LOB 301
Title: Title: relative to the code for energy conservation in new building construction.
 
Summary: Limited Impact.  Not analyzed.
 
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: HB288
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0288.html
Analysis Stated in Bill:
 
Talking Points:
Provided in update only to give notice to those that may be affected.
=====================
HB286, Permits Issued By Building Inspectors
01/29/2015 at 02:00 PM    LOB 306
Title: Title: relative to permits issued by building inspectors.
 
Summary: Limited Impact.  Not analyzed.
 
Property Owner Position: LimitedImpact; You Decide
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
 
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB286
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0286.html
Analysis Stated in Bill:
 
Talking Points:
Provided in update only to give notice to those that may be affected.
=====================
HB353, Operation of Condo Associations
02/03/2015 at 10:00 AM    LOB 302
Title: Title: relative to the governance of condominium unit owners' associations.
 
Summary:
 
Property Owner Position: Not analyzed yet.
 
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: HB353
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0353.html
Analysis Stated in Bill:
 
Talking Points:
 
=====================
HB180, Consideration Under Real Estate Transfer Tax
02/03/2015 at 01:00 PM    LOB 202
Title: Title: relative to the definition of "price or consideration" under the real estate transfer tax.
 
Summary:
 
Property Owner Position: Not analyzed yet but we maybe against this bill.  Does this bill tax onwers transfering property from one entity to another?
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee:
To:
Subject: HB180
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0180.html
Analysis Stated in Bill: 2
 
Talking Points:
 
=====================
HB222, Exempting Homeowners Over 80 Years Of Age From Statewide Education Tax
02/03/2015 at 02:00 PM    LOB 202
Title: Title: exempting certain homeowners over 80 years of age from the statewide education tax.
 
Summary:
 
Property Owner Position: Not analyzed. Believed to be Limited Impact.
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee:
To:
Subject: HB222
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0222.html
Analysis Stated in Bill:
 
Talking Points:
 
=====================

Saturday, January 17, 2015

Legislative Update - Landlord/Tenant Bills - Please attend hearings this week

THIS LEGISLATIVE UPDATE IS PROVIDED TO NH LANDLORDS BY NICK NORMAN, DIRECTOR OF LANDLORD LEGISLATIVE AFFAIRS
 
howdee Everyone,
 
Here we go.  As normal there is a flood of new bills hitting the legislature and our tracking system. So far this year there have been 985 bill requests.  We are whittling that down to the ones of interest to us and will keep you informed as we have for the past several years.  Please contact us to be on the official email list and to assist volunteering in this critical initiative.
Here are key points in this legislative update.
 
1. Bills being heard this week.
01/20/2015 at 01:00 PM    LOB 208 HB172, Small Claims Study Commission
01/20/2015 at 01:30 PM    LOB 208 HB203, Representation Landlord/Tenant Court
01/21/2015 at 09:00 AM    LOB 102 SB15,
01/21/2015 at 01:30 PM    LOB 302 HB175,
01/21/2015 at 02:00 PM    LOB 302 HB159,
01/22/2015 at 10:00 AM    Representatives Hall  HB208

2.     Listing of the major bills we have identified so far (see below).
3.     New wave of lead law. (mentioned in past update)
4.     Request for your help. (15 minutes per week during busy time.  Really that’s all we need.)
Action items:
1.     Review hearing schedule and show up & attend hearing and call email legislators for
2.     Glance through list of major bills so you know what’s coming.
3.     Please review the  lead law bill language (See below) and give us your thoughts at nicknorman@yahoo.com so we can bring it to the stakeholders.
4.     Please contact Nick Norman at nicknorman@yahoo.com and reconfirm you will help out and pick up a job assignment.  We need your help now.
 The flood of bills happens fast in the beginning so we do not necessarily yet have a full analysis of each bill.  And we are still working on it.
 
Note: Regarding HB172 Small Claims Study Commission
We recently (January 2015)learned that there has already been a study committee and a good amount of attention on small claims that has resulted in a new set of rules for small claims being adopted.  Because of this we plan to withdraw the bill to allow time to see the impact on the new Small Claims rules going into effect.  We fully realize that Small Claims has issues for landlords and will likely come back to this issue next year or the year after.
 Note: No landlord/tenant bill hearings yet scheduled after 1/21/2015
 2. Listing of the major bills we have identified so far.
HB203, Representation Landlord/Tenant Court
HB269 allowing a landlord to collect first and last month's rent in addition to a security deposit.
HB309 permitting landlords to remove tenant property in certain circumstances, including towing of cars.
HB315 relative to termination of tenancy including allowing a few more categories for 7 day eviction notice.
 
3. New wave of lead law. (mentioned in past update)
(This bill will have several provisions that are favorable to landlords.  Stay tuned for more analysis soon).
Attached is bill language for the initial wave of new lead paint law.  I have been to several meetings with the stakeholders & I can say the leader has been very supportive to hearing changes and actually making changes to support landlord concerns.
The largest change was to postpone the Essential Maintenance Program portion of this bill and rather put it to a task force that can study the issue and involve landlord input over the next year.
 
4. Request for your help.
Legislative season is now in play.  We are reviewing legislative proposals and preparing for the onslaught of legislative hearings and bills.
Several of you have committed to join us in the volunteer effort that invokes “many hands make light work”.  We organize out job assignments that are about 15 to 30 minutes per week.  Then we collect back the work and put it together to make the updates and coordinated initiative that you have seen in the past 2+ years.
 
Nick Norman, Director of Legislative Affairs
==============================================
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.
 
HB172    
Title: establishing a commission to study the operations of small claims court.
Property Owner Position: Withdraw the bill
House Status: IN COMMITTEE
Senate Status: none
 
HB203    
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
SB15    
Title: requiring owners of companion animals to leash such animals in the presence of a service dog.
Property Owner Position: You Decide
House Status: none
Senate Status: IN COMMITTEE
 
HB175    
Title: establishing a committee to study removing the department of justice from the financial approval process for residential condominium and housing subdivisions.
Property Owner Position: Limited Impact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB172    
Title: establishing a commission to study the operations of small claims court.
Property Owner Position: Withdraw the bill
House Status: IN COMMITTEE
Senate Status: none
 
HB203    
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
SB15    
Title: requiring owners of companion animals to leash such animals in the presence of a service dog.
Property Owner Position: scd
House Status: none
Senate Status: IN COMMITTEE
 
HB175    
Title: establishing a committee to study removing the department of justice from the financial approval process for residential condominium and housing subdivisions.
Property Owner Position: Limited Impact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB159    
Title: repealing the committee to study the laws relating to condominium and homeowners' associations.
Property Owner Position: Limited Impact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB208    
Title: repealing the New Hampshire regional greenhouse gas initiative program.
Property Owner Position: Limited Impact; You Decide
House Status: IN COMMITTEE
Senate Status: none
 
HB269    
Title: allowing a landlord to collect first and last month's rent in addition to a security deposit.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
HB309    
Title: permitting landlords to remove tenants' property in certain circumstances.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
 
HB315    
Title: relative to termination of tenancy.
Property Owner Position: For
House Status: IN COMMITTEE
Senate Status: none
==============================================
Details to Bills Listed Above
HB172, Small Claims Study Commission
01/20/2015 at 01:00 PM    LOB 208
Title: Title: establishing a commission to study the operations of small claims court.
 Summary: Establish a commission to study effectiveness of small claims collection
 Property Owner Position: Withdraw the bill
 Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
 Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB172
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0172.html
Analysis Stated in Bill:
 
Talking Points:
We recently (January 2015)learned that there has already been a study committee and a good amount of attention on small claims that has resulted in a new set of rules for small claims being adopted.  Because of this we plan to withdraw the bill to allow time to see the impact on the new Small Claims rules going into effect.  We fully realize that Small Claims has issues for landlords and will likely come back to this issue next year or the year after.
=====================
HB203, Representation Landlord/Tenant Court
01/20/2015 at 01:30 PM    LOB 208
Title: Title: relative to the unauthorized practice of law.
 
Summary: This bill expands the number of landlords who can represent themselves in the circuit court in eviction cases and in small claims cases.
Property Owner Position: For
 Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB203
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0203.html
Analysis Stated in Bill: This bill allows certain persons who are not authorized to practice law to represent a trust that owns the premises on matters in the circuit court of New Hampshire on landlord tenant issues.
 
Talking Points:
Prior to last year’s enactment of RSA 540:30, landlords who owned rental property in their own names, and not in a corporation, LLC, Trust or any other entity, could always represent themselves in evictions.  Any other landlord could only represent the legal entity three times per year.
 With the enactment of last years HB590, a landlord who owns a building titled in a corporation, LLC or a partnership, upon filing the appropriate affidavits, can represent the entity in eviction proceedings.  However, if the building is owned by a trust, or the building is operated by a property manager, the three times a year rule applies.  Further, RSA 540:30 does not include small claims actions where the subject of the law suit is a landlord/tenant dispute.
 HB 203, if enacted, would allow trustees to represent the trust in eviction actions.  It would also permit property managers to represent the owners of buildings in eviction actions.  The affidavit requirements would apply to trustees and property managers. In addition, if the bill is enacted, landlords who hold buildings in corporations, LLCs, partnerships, all with five or less members and property managers can represent the building owners in small claims cases where the subject of the suit is a landlord tenant dispute.
 With many people transferring their properties into trusts, and hiring property managers, this bill would simply put these landlords in the same position as the landlords who have their buildings in 5 or less member LLCs, corporations, or partnerships.  It would save the expensive cost of hiring an attorney for a relatively straight forward matter, especially with non-payment of rent cases.  Cases may even move faster without professional litigators involved.  The same holds true for small claims actions, which in landlord tenant matters are either for unpaid rent or damages.
This bill was proposed by the Rental Property Owners Association, and is sponsored by one of our members who is a legislator. We are very much for this bill and ask all landlords to call and email legislators.  Further we need as many people as possible to attend the committee hearings on the bill.
=====================
SB15,
01/21/2015 at 09:00 AM    LOB 102
Title: Title: requiring owners of companion animals to leash such animals in the presence of a service dog.
Summary:
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: 0; dboutin1465@comcast.net; bette.lasky@leg.state.nh.us; nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ;
Subject: SB15
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0015.html
Analysis Stated in Bill:
Talking Points:
 
=====================
HB175,
01/21/2015 at 01:30 PM    LOB 302
Title: Title: establishing a committee to study removing the department of justice from the financial approval process for residential condominium and housing subdivisions.
Summary:
 Property Owner Position: Limited Impact; 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: HB175
 Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0175.html
Analysis Stated in Bill:
 Talking Points:
 
=====================
HB159,
01/21/2015 at 02:00 PM    LOB 302
Title: Title: repealing the committee to study the laws relating to condominium and homeowners' associations.
Summary:
Property Owner Position: Limited Impact; 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: HB159
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0159.html
Analysis Stated in Bill:
Talking Points:
=====================
HB208,
01/22/2015 at 10:00 AM    Representatives Hall
Title: Title: repealing the New Hampshire regional greenhouse gas initiative program.
Summary:
Property Owner Position: Limited Impact; You Decide
 Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB208
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0208.html
Analysis Stated in Bill:
Talking Points:
 
=====================
HB269,
Time not specified    RM 208 LOB
Title: Title: allowing a landlord to collect first and last month's rent in addition to a security deposit.
Summary:
Property Owner Position: For
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB269
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0269.html
Analysis Stated in Bill:
Talking Points:
=====================
HB309,
Time not specified    RM 208 LOB
Title: Title: permitting landlords to remove tenants' property in certain circumstances.
 
Summary:
Property Owner Position: For
 Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB309
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0309.html
Analysis Stated in Bill:
 
Talking Points:
 
=====================
HB315,
Time not specified    RM 208 LOB
Title: Title: relative to termination of tenancy.
 
Summary:
 
Property Owner Position: For
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
 
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB315
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0315.html
Analysis Stated in Bill:
 
Talking Points: