Monday, March 9, 2015

Legislative Update: Victories for Landlords and Updated Status

This Legislative Update is provided to Landlord Connection Members by Nick Norman, Director of Landlord Legislative Affairs

You can contact Nick at nicknorman@yahoo.com

Howdee everyone,
Important Updates:
HB203, Representation Landlord/Tenant Court
Victory!
The RPOA Amendment, now Amendment #2015-0284h, was adopted by the Judiciary committee and passed by a vote of 7 to 6.  Now has passed the full house with a voice vote. In a while it will work its way to the Senate.
Report in Bill Status below.
HB315, 7 Days Eviction Notice In Certain Circumstances
Victory!
The RPOA Amendment, now Amendment #2015-0298h, was adopted by the Judiciary committee and passed by a vote of 11 to 7.  Now has passed the full house on a role call vote 263-95.
In a while it will work its way to the Senate.
Report in Bill Status below.
HB309, Removal of Tenant's Property
Victory!
Judiciary committee adopted their own amendment based largely on the amendments submitted by NHLA & RPOA (ours).
The short version is representative Perch watered down our amendment but much of it still survived.  Then the Judiciary Committee voted Ought To Pass as amended 17-1.
Next it goes to the full house for a vote.
Our recommendation is to contact your representatives and urge them to vote to pass it as amended by the Judiciary Committee.
The committee report is in the Bill Status below.
Amendment attached.
SB135, 2015 Lead Law Changes
Victory!
There is an amendment based on testimony at the hearing and our input to the stake holders group.  Some of these changes are bringing the number of landlords on the study commission from 1 to 4.  Also several sections of the bill were removed.  
We will be recommending one change when the bill gets to the House.
New duties have been added to the commissions responsibilities including:
The commission shall explore and examine options for assisting property owners in the abatement of lead-based paint hazards.
The commission shall assess the feasibility and benefits of requiring the department to provide notice to landlords and parents pursuant to RSA 130-A:6-a and RSA 130-A:6-b when a child has been found to have a blood lead level less than 5 micrograms per deciliter.
There are many changes so please review the updated analysis in the full detail below.
The Senate Health and Human Services committee voted Ought To Pass as amended 4-0.
Amendment attached.
For now our recommendation is to contact your Senator and urge him/her to vote to pass it as amended by the Health and Human Services Committee.
HB263, No Residence Restriction for Sexual Offenders
Big Concern!
This just came across our radar.  See Full Detail below.
Essentially this small bill would eliminate the ability of communities to restrict residency locations for sexual offenders.  Would the next step be to say landlords could not restrict their residency?
Our recommendation is to contact your representatives and urge them to vote against HB263.
Action items this week:
1. Review sections entitled "Finding your legislator" contact info

2. Contact legislators on the following high importance bills
HB309, Removal of Tenant's Property
Is going to the full house for a vote.  Contact your representatives and the full house and urge them to vote in our favor to pass the bill as modified by the Judiciary committee with amendment #2015-0429h.  It’s time to do that NOW.  Not later, not I’ll get around to it.  Make contact now.
SB135, 2015 Lead Law Changes
Is going to the full house for a vote.  Contact your Senator and the full Senate and urge them to vote in our favor to pass the bill as modified by the Judiciary committee with amendment #2015-0715s.  It’s time to do that NOW.  Not later, not I’ll get around to it.  Make contact now.

HB263, No Residence Restriction for Sexual Offenders
Is going to the full house for a vote.  Contact your representatives and the full house and urge them to vote against the bill.  Include some talking points if you can.  It’s time to do that NOW.  Not later, not I’ll get around to it.  Make contact now.
3. Study SB135, 2015 Lead Law Changes (full detail below)
This is a very large bill and yes it requires some study.  However, we have a summary and talking points that walk you through the bill.  (With the removal of several sections there is less to study).
See more info in Summaries & Full Detail for each bill further below. (includes property owner position, contact info, Talking points, and more).
(to jump right to bill detail, use Control-F, Find).
 Hearings this week:
None scheduled so far
Hearings next week:
None scheduled so far
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
==============================================
Finding your legislator contact info
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

To write to all of the Senate use:
Senators@Leg.state.nh.us
=======
Contacting legislators
1st priority write to your representative or senator for the town where you live.
Start subject line of your email with “(from ‘yourtown’ resident) vote to pass HB269, First, Last Month’s Rent & Security Deposit” for instance.
In the body of the email identify yourself.  At the very beginning urge them how to vote.  Then if you like and have time go into more details about your position on the bill.
It is also way better to call them directly.
2nd priority write to your representative or senator where you own property,
Start subject line of your email with “(from ‘yourtown’ property owner) vote to pass HB269, First, Last Month’s Rent & Security Deposit”
In the body of the email identify yourself.  At the very beginning urge them how to vote.  Then if you like and have time go into more details about your position on the bill.
It is also way better to call them directly.
3rd priority write to all representatives or senators
Start subject line of your email with “Vote to pass HB269, First, Last Month’s Rent & Security Deposit”
==============================================
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.
HB137    
Title: relative to homeowner's insurance.
Property Owner Position: Yes
House Status:
Senate Status: none
HB203    
Title: relative to the unauthorized practice of law.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
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: LimitedImpact; You Decide
House Status:
Senate Status: none
HB208    
Title: (NT) relative to allowance sales under the New Hampshire regional greenhouse gas initiative program.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
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:
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: RETAINED IN COMMITTEE
Senate Status: none
HB315    
Title: relative to termination of tenancy.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB309    
Title: permitting landlords to remove tenants' property in certain circumstances.
Property Owner Position: For
House Status: House Judicial committee report: HB 309,
permitting landlords to remove tenants’ property in certain circumstances.
OUGHT TO PASS
WITH AMENDMENT.
Rep. Mark McLean for Judiciary. RSA 540-A: 3 III currently prohibits a landlord from in any way denying a
tenant access to their personal private property. The only means of redress now available to the landlord is
through the judicial process of the courts. This bill as amended would give landlords the legal authority to
remove tenant property in certain limited circumstances. In cases where an immediate threat to the health
and safety of another tenant or person is present, such as a blocked fire lane, no notification would be required
for removal. In the absence of an immediate threat, the landlord may remove the tenant property after 48
hours notice if the property is leaking and causing damage or an environmental hazard. Tenant property that
is inoperable, located in a no parking area, or stored in violation of the lease agreement could be removed
after six (6) days notice. This bill strikes a balance; allowing landlords to operate their properties in a way
that preserves property integrity and community safety, while maintaining the right of notification for ten
-
ants.
Vote 17-1.
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: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB288    
Title: relative to the code for energy conservation in new building construction.
Property Owner Position: LimitedImpact; You Decide
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB286    
Title: relative to permits issued by building inspectors.
Property Owner Position: LimitedImpact; You Decide
House Status:
Senate Status: none
HB353    
Title: relative to the governance of condominium unit owners' associations.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB348    
Title: allowing municipalities to adopt a property tax credit for elderly homeowners for the extent their tax bill exceeds 10 percent of income.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB199    
Title: relative to tax relief information contained on a property tax bill.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
SB156    
Title: prohibiting discrimination against employees who are victims of domestic violence, sexual assault, or stalking.
Property Owner Position: Not Analyzed yet.  Probably does not affect property owners
House Status: none
Senate Status: LAID ON TABLE
HB342    
Title: relative to property owners' consent for smart meter gateway devices.
Property Owner Position: For
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB220    
Title: requiring licensure of community association property managers.
Property Owner Position: LimitedImpact; You Decide
House Status:
Senate Status: none
HB227    
Title: relative to eminent domain on public lands.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB480    
Title: relative to policies for property and casualty insurance.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB481    
Title: relative to commercial insurance.
Property Owner Position: LimitedImpact; You Decide
House Status:
Senate Status: none
HB427    
Title: relative to the definition of the New Hampshire fire code.
Property Owner Position: LimitedImpact; You Decide
House Status:
Senate Status: none
HB574    
Title: relative to regional greenhouse gas initiative distributions to residential customers.
Property Owner Position: LimitedImpact; You Decide
House Status:
Senate Status: none
HB653    
Title: prohibiting the use of sex offender registry information for the purpose of harassing, intimidating, or threatening a registered sexual offender or offender against children, or any family member, employer or landlord of such person.
Property Owner Position: You Decide
House Status:
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: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB180    
Title: relative to the definition of "price or consideration" under the real estate transfer tax.
Property Owner Position: For
House Status:
Senate Status: none
HB533    
Title: relative to arc-fault circuit-breaker protection in residential construction.
Property Owner Position: You Decide
House Status: RETAINED IN COMMITTEE
Senate Status: none
SB135    
Title: relative to lead poisoning in children.
Property Owner Position: Mostly For, Some Against, Some Neutral, Changes recommended
House Status: none
Senate Status: Ought to Pass with Amendment, Vote 4-0.
Senator Kelly for the committee.
HB613    
Title: relative to governmental records exempted under the right-to-know law.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB531    
Title: establishing a committee to study short-term rentals by homeowners and owners of residential properties.
Property Owner Position: Varied, some For, some Against, some Neutral
House Status:
Senate Status: none
HB544    
Title: allowing the general court to deny a utility the use of the power of eminent domain.
Property Owner Position: Some For, Some You Decide
House Status:
Senate Status: none
HB636    
Title: relative to forfeiture of property.
Property Owner Position: Against
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB680    
Title: relative to establishing the rate for and the collection of the education property tax and establishing a homestead exemption from the education property tax.
Property Owner Position: Not analyzed. Believed to be Limited Impact.
House Status:
Senate Status: none
SB232    
Title: exempting certain leases from the real estate transfer tax.
Property Owner Position: You Decide
House Status: none
Senate Status:
HB571    
Title: relative to taxation of trusts under the interest and dividends tax.
Property Owner Position: Against
House Status: RETAINED IN COMMITTEE
Senate Status: none
SB121    
Title: relative to definitions used for purposes of current use taxation.
Property Owner Position: Against
House Status: none
Senate Status:
HB263    
Title: prohibiting residency restrictions on sex offenders.
Property Owner Position: Against
House Status: Rep. John F. Martin for Criminal Justice and Public Safety. The purpose of this bill is to prohibit municipalities from enacting residency restrictions on sex offenders. These restrictions tend to limit opportunities to decent housing, job opportunities and financial support. These restrictions often cause offenders to fail to accurately register their residency, making supervision more difficult and increasing the possibility of either reoffending or association with other offenders prohibited under the terms of their release.
Vote 17-0
Senate Status: none
==============================================
Full details on all bills above:
HB137, Need analysis
01/15/2015 at 02:00 PM    LOB 302
Title: Title: relative to homeowner's insurance.
Summary:
Property Owner Position: Yes
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: HB137
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0137.html
Analysis Stated in Bill:
Talking Points:
=====================
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.
=====================
HB175, Need analysis
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: 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: HB175
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0175.html
Analysis Stated in Bill:
Talking Points:
=====================
HB208, Repealing The New Hampshire Regional Greenhouse Gas Initiative
01/22/2015 at 10:00 AM    Representatives Hall
Title: Title: (NT) relative to allowance sales under the New Hampshire regional greenhouse gas initiative program.
Summary: We have heard concerns related to REGI, Regional Greenhouse Gas Initiative.  However, we don't have specific input for you on this bill.
Property Owner Position: 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:
If you are familiar with concerns related to RGGI Regional Greenhouse Gas Initiativem, please contact & update us so we can get the info to other property owners.
One of our analysis team put together this info:
This bill repeals the greenhouse initiative that was passed a while back. We should support this bill. The fiscal impact statement says it all. It is very expensive. The money saved comes from our pockets. Government never generates revenue, they take it from the citizens.
The biggest greenhouse gas is water vapor. That is 95 percent of all greenhouse gases. All the other greenhouse gases (including CO2) make up the remaining 5%.  We can do very little to control the water vapor.
You can read an interesting study that refutes man made global warming here:
http://www.oism.org/pproject/s33p36.htm
FISCAL IMPACT:
        The Public Utilities Commission and the Department of Environmental Services state this bill, as introduced, will decrease state restricted revenue and expenditures by $8,000,000 in FY 2015, $20,500,000 in FY 2016, $25,500,000 in FY 2017, $28,000,000 in FY 2018, and $28,000,000 in FY 2019, and decrease local revenue by $2,000,000 in FY 2015 and each year thereafter. This bill may have an indeterminable fiscal impact impact on county and local expenditures, and county revenues.
=====================
HB308, Supervision Of Real Estate Offices And Duties Of A Facilitator
01/28/2015 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
01/28/2015 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
01/28/2015 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, Removal of Tenant's Property
01/28/2015 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
01/28/2015 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: 0
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.
=====================
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, Condo Association Voting & Meetings
02/03/2015 at 10:00 AM    LOB 302
Title: Title: relative to the governance of condominium unit owners' associations.
Summary: This bill would replace  a number of sections RSA 356-B, the statute governing condominiums.  The bill is very important to developers, attorneys for developers, and attorneys for condo associations.
The bill seeks to modify the Voting Procedures and Meetings for Condo Owners Associations set forth in RSA 356 B.  It shall incorporate E-mail notifications, Video and Telephonic conferencing.
Property Owner Position: 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: HB353
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0353.html
Analysis Stated in Bill:
Talking Points:
This bill will add additional cost to all condo associations to update bi-laws within 2 year time frame.
We have not fully analyzed this bill.  If it affects you dig deeper.
=====================
HB348, Elderly Tax Credit
02/05/2015 at 09:30 AM    LOB 301
Title: Title: allowing municipalities to adopt a property tax credit for elderly homeowners for the extent their tax bill exceeds 10 percent of income.
Summary: Allowing a property tax credit in the amount excess 10% of income of a person 65 years or older.
Income shall not exceed 20k per person. Can not have assets in excess of 250k, including value of primary residence.
Property Owner Position: 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: HB348
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0348.html
Analysis Stated in Bill:
Talking Points:
Bill will have very little impact on property owners as any modest income will offset the exclusions.
=====================
HB199, Low Or Moderate Income Property Tax Relief
02/05/2015 at 10:30 AM    LOB 301
Title: Title: relative to tax relief information contained on a property tax bill.
Summary: Adding the term of low or moderate income to the tax relief statement on property tax bill.
Property Owner Position: 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: HB199
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0199.html
Analysis Stated in Bill:
Talking Points:
Bill will have very little impact on property owners.
=====================
SB156,
02/05/2015 at 02:00 PM    SH 100
Title: Title: prohibiting discrimination against employees who are victims of domestic violence, sexual assault, or stalking.
Summary:
Property Owner Position: Not Analyzed yet.  Probably does not affect property owners
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us; donna.soucy@leg.state.nh.us; represcott@represcott.com; jeb.bradley@leg.state.nh.us; ;
Subject: SB156
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0156.html
Analysis Stated in Bill:
Talking Points:
=====================
HB342, Consent for smart meter gateway devices
02/10/2015 at 02:00 PM    LOB 304
Title: Title: relative to property owners' consent for smart meter gateway devices.
Summary: This bill is a correction to RSA374:62. It includes Water, Gas, propane and utility distribution as well as electricity.
Property owner's consent is required by utilities.
Property Owner Position: For
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: HB342
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0342.html
Analysis Stated in Bill:
Talking Points:
The bill should be updated to reflect all utility service providers.
=====================
HB220, Licensing Community Association Managers
02/10/2015 at 02:30 PM    LOB 302
Title: Title: requiring licensure of community association property managers.
Summary: Requiring community associations to become licensed with the state of NH. Similar to RE license or other contractor license.
Establish a Licensing Board/ Commission to oversee management of this requirement.
Property Management License will be separate from a Real Estate Sales license as is a current requirement.
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: HB220
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0220.html
Analysis Stated in Bill:
Talking Points:
The bill may burden some small condo projects. Such as an association with 2 or 3 units. It will however increase the amount of responsibility and competency in carrying out duties of the manager.
Will reduce the requirement of Real Estate Sales License to acquire property management license.
This bill makes no mention of those that manage their own units. Assumption it that they will be exempt from this requirement.
Note that some of our analysis team was against this bill.
=====================
HB227, Eminent Domain On Public Lands
02/12/2015 at 09:15 AM    LOB 301
Title: Title: relative to eminent domain on public lands.
Summary: none developed so far.
Property Owner Position: 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: HB227
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0227.html
Analysis Stated in Bill:
Talking Points:
none developed so far.
=====================
HB480, Insurance/Criminal Offense
02/12/2015 at 10:30 AM    LOB 302
Title: Title: relative to policies for property and casualty insurance.
Summary: Would ban coverage for a fine or penalty for a criminal offense, but allow payment of defense costs.
Property Owner Position: 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: HB480
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0480.html
Analysis Stated in Bill:
Talking Points:
Requested by the insurance department.
If the fines were covered by insurance then the punishment for the offense would have little affect.
Punishment should not be paid by a 3rd party.
=====================
HB481, Mortgage Guarantee Insurance
02/12/2015 at 10:45 AM    LOB 302
Title: Title: relative to commercial insurance.
Summary: The bill would clarify that RSA 417-C would not apply to mortgage guarantee insurance.
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: HB481
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0481.html
Analysis Stated in Bill:
Talking Points:
After the housing collapse of 2008, PMI insurance companies suffered losses and are making changes to lower their risk.
=====================
HB427, Adopting 2015 Fire Code Regs
02/12/2015 at 11:00 AM    LOB 306
Title: Title: relative to the definition of the New Hampshire fire code.
Summary: Regarding the definition of the state fire code.  Simply change from a 2009 version of the Uniform Fire Code to a 2015 version.
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: HB427
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0427.html
Analysis Stated in Bill:
Talking Points:
How will this impact sprinkler requirements?
State fire marshal has recommended the state adopt changes to the Life Safety Code as follows:
    a. Atriums Used As Part of Separated Occupancies
    b.Vestibules Separating Normally Unoccupied Spaces from Exit Enclosures
    c. New Occupant Load Factors
    d. Alcohol-Based Hand-Rub Dispensers (ABHR)
    e. Stairway Video Monitoring in High-Rise Buildings
    f. Life Safety Evaluations in Assembly Occupancies
    g. Multiple-Level Buildings in Day Care and Board and Care Occupancies
    h. Disguised Doors in Health Care
    i. Reduced Corridor Width in Nursing Homes
    j. Ambulatory Health Care Rewrite
=====================
HB574, Regional Greenhouse Gas Initiative Distributions
02/12/2015 at 02:30 PM    LOB 304
Title: Title: relative to regional greenhouse gas initiative distributions to residential customers.
Summary: Eliminates regional greenhouse gas initiative, RGGI, distributions to residential electric ratepayers.
Property Owner Position: LimitedImpact; 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: HB574
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0574.html
Analysis Stated in Bill:
Talking Points:
There are varying opinions on RGGI.
If you are familiar with concerns related to RGGI Regional Greenhouse Gas Initiative, please contact & update us so we can get the info to other property owners.
One of our analysis team put together this info:
There are bills attempting to eliminate RGGI. The fiscal impact statement of that bill, HB208, says it all. It is very expensive. The money saved comes from our pockets. Government never generates revenue, they take it from the citizens.
The biggest greenhouse gas is water vapor. That is 95 percent of all greenhouse gases. All the other greenhouse gases (including CO2) make up the remaining 5%.  We can do very little to control the water vapor.
You can read an interesting study that refutes man made global warming here:
http://www.oism.org/pproject/s33p36.htm
RGGI is a cap-and trade system for reducing co2 from power plants. Auctioning began in 2008.
FISCAL IMPACT:
        The Public Utilities Commission and the Department of Environmental Services state this bill, as introduced, will decrease state restricted revenue and expenditures by $8,000,000 in FY 2015, $20,500,000 in FY 2016, $25,500,000 in FY 2017, $28,000,000 in FY 2018, and $28,000,000 in FY 2019, and decrease local revenue by $2,000,000 in FY 2015 and each year thereafter. This bill may have an indeterminable fiscal impact impact on county and local expenditures, and county revenues.
Here is a varying opinion:
Funds from these auctions pay for energy efficient programs such as weatherization of homes.
Bills have been introduced to pull out of this initiative all together as NJ has done. However, NH receives about 18million/ year in carbon allowances. Most is paid out in ratepayer rebates, with the remainder used for weatherizing homes.
NH has one of the highest electric rates of the country. This will not only drive away company investment in NH but also it's residents.
=====================
HB653, Prohibited use of the Sex Offender Registry
02/12/2015 at 03:00 PM    LOB 204
Title: Title: prohibiting the use of sex offender registry information for the purpose of harassing, intimidating, or threatening a registered sexual offender or offender against children, or any family member, employer or landlord of such person.
Summary: Information in the registry shall not be used to harass the registrar, his/her family, employer or landlord.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H26
Email to Committee:
To: ~HouseCriminalJusticeandPublicSafety@leg.state.nh.us
Subject: HB653
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0653.html
Analysis Stated in Bill:
Talking Points:
Violators shall be guilty of a class A misdemeanor.
This bill may offer limited protection to a landlord that has rented to a sex offender.
=====================
HB222, Exempting Homeowners Over 80 Years Of Age From Statewide Education Tax
02/13/2015 at 10:30 AM    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: 0
Subject: HB222
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0222.html
Analysis Stated in Bill:
Talking Points:
=====================
HB180, Real Estate Transfer Tax, Clarify “Contractual” Transfer
02/17/2015 at 10:00 AM    LOB 202
Title: Title: relative to the definition of "price or consideration" under the real estate transfer tax.
Summary: This bill attempts to clarify a “contractual” transfer of Real Estate.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: 0
Subject: HB180
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0180.html
Analysis Stated in Bill:
Talking Points:
This bill, if enacted, would marginally clarify what is price or consideration to base the amount of tax to be paid in real estate transactions.  Currently, non-contractual transfers, which basically are gifts, are not taxed.  The bill would add to the definition of price and consideration, which the amount of the taxes to be paid are based upon, the words “in a contractual transfer.” The bill is merely housekeeping, and does not change anything.
This bill will help the banks when they take a deed in lieu of foreclosure. They won’t have to pay the transfer stamps. This would be a good bill to amend transferring a property in to another entity for estate planning/asset protection. Not having to pay transfer stamps if it is still done for the above reasons.
See if we could amend the bill to help with transfer of property into LLC, LP…
=====================
HB533, Arc Fault Circuit-Interrupter Not Required
02/17/2015 at 01:00 PM    LOB 306
Title: Title: relative to arc-fault circuit-breaker protection in residential construction.
Summary: The 4 state building code review board shall not adopt or enforce any rule requiring the installation of arc- 5 fault circuit-interrupter protection.
Property Owner Position: 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: HB533
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0533.html
Analysis Stated in Bill:
Talking Points:
We hear there is some debate on their effectiveness & there is potential for false tripping.
=====================
SB135, 2015 Lead Law Changes
02/17/2015 at 01:00 PM    LOB 101
Title: Title: relative to lead poisoning in children.
Summary: This is a very large bill with many different sections all with the intent to reduce childhood lead poisoning.  There has been stake holder meetings for several months with some landlord representation resulting in this legislation.  The stake holders continue to meet regularly.  We’re sure that there will be continued push and more lead legislation for a long time coming.  We are mostly for or are neutral on this bill.
The Conservation Law Foundation, CLF, specifically, Tom Irwin, has specifically been at the forefront of pulling together the interested parties hearing all sides and working with all stakeholders to draft this language.  Tom has worked well with us to hear and incorporate our input.
The bill is large and is divided into several sections.  Therefore for clarity in understanding the bill, our analysis will walk you through the bill in order section by section.
Property Owner Position: Mostly For, Some Against, Some Neutral, Changes recommended
Link to Committee Info:
Email to Committee:
To:
Subject: SB135
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0135.html
Analysis Stated in Bill:
Talking Points:
Section 1:  Laboratory Reporting
Property Owner Position: Neutral
This section relates to having DHHS, Department of Health & Human Services track and report screening rates.  That is how many children are being screened (asked questions) and or tested each year.  The screening rates have always been way below long established state guidelines.
Landlords stand aside on the issue of screening so we have no position on this section.
Section 2:  Capillary Blood Testing
Property Owner Position: For
“Capillary Blood Test” is what you might call a finger prick test that draws a few drops of blood as opposed to a venous test which actually draws blood from a vein using a needle.
Capillary blood tests are said to have less accuracy than a venous draw.  Partly because the portable test modules are not as accurate as a sample sent to a lab and partly because the people operating the capillary test machines are not trained medical staff.  Occasionally, lead on the persons finger ends up in the sample.
We have been a push for parents and landlords to receive ALL test results of ANY level.  This is because earlier detection allows both family and landlord to take well thought out reasonable measures to prevent the lead exposure before an entire lead abatement order becomes issued if the level reaches 10ug/dl.
DHHS is extremely reluctant to take on the reporting responsibility for values below 5ug/dl ostensibly because of the expected enormous work load required and no budget for it.  The have to find contact info for the landlord whereas the parent contact info is already on the reporting forms.  Also past results show there would be about 1000/y reportings required at 5 and above.  We don’t know how many reports would be required at less than 5.  Presumably way more.
Note that the version passing the Senate committee adds a duty to the study commission to look at the issue of reporting results <5ug dl.="" span="">
This provision of section 2 advises the family to get a venous draw test so they get an accurate picture and eliminate “false alarms”.  It also recommends that the tenant inform the landlord which is in part accomplishing what we have been asking for. 
It further recommends the tenant contact the landlord rather than do anything regarding the lead hazards on their own.  This moves again in a direction we have been asking for.  It makes some movement toward solving the issue of tenants creating the lead hazards.
Section 3:  Child Lead Screening
Property Owner Position: Neutral
This section stresses health care providers are responsible for screening for lead and to follow state guidelines.  If they don’t meet the guidelines by 2017 then DHHS will adopt rules to require them to do so.
Landlords stand aside on the issue of screening so we have no position on this section.
Section 4:  Property Owner Notification of Elevated BLL
Property Owner Position: For
The latest revision as the bill leaves the Senate committee is that landlords are only notified of venous draw tests and not capillary tests.   This is a little watered down from the original bill where we would be notified of both venous and capillary test.  (See below about DHHS’s resistance to the work load of giving these notices).
Something is better than nothing and presently we are not getting any notices in the range of 5-9.9ug/dl so this section is quite good for us in that when we are notified of low levels of lead we can work with the tenant family and be proactive at taking all precautions to eliminate the poisoning in a common sense way before it escalates to higher levels which will more greatly harm the child and trigger a lead abatement order.  Many times the tenant family and the landlord can work together in a common sense way before an order is triggered and solve the issue easily before the extreme expense of an order is triggered.
The back ground for this is that there has been a request for DHHS to notify property owners and parents at ANY level.  The thinking which we agree with is that the earlier everyone is notified the sooner everyone can take measures to be sure the child’s BLL does not rise and only goes down from here.  DHHS wants to be able to give notice at any level but their old software system and some test methods are not as reliable when readings are <5ug a="" able="" accurately="" actually="" almost="" an="" and="" anyone="" are="" at="" be="" behind="" but="" change="" could="" create="" data.="" data="" dl="" do="" does="" get="" give="" have="" hold="" hour="" in="" it.="" just="" levels.="" like="" lower="" modern="" nbsp="" not="" notice="" number="" s="" say="" says="" simple="" simply="" software="" something="" span="" spreadsheet="" systems="" that="" the="" their="" they="" time.="" to="" towards="" update="" we="" where="" why="" working="">
Because capillary testing at low levels is less reliable and because of the data complications expressed in the above paragraph, there is language like “the data is deemed reliable by the department”.  When their systems are updated in the future this language allow them to report lower numbers with out having to make yet another change in the state law.
Also DHHS is extremely resistant to notifications below 5ug/dL primarily because they can not handle the work load.  Part of the issue is the unreliability of capillary tests, (operators of test are often not medical staff and actually introduce lead to the skin surface before the pin prick is made). 
Part of the issue, harder to solve, is the extra time spent for DHHS to find the owner of the property.  There are about 1000 BLL levels reported per year from 5-10 ug/DL.  Less than 5 is believed to be a much larger number.
All landlords we have spoken to are for this section.
Section 4:  Parent Notification of Elevated BLL
Property Owner Position: For
This section is quite good for us as well in that when parents are notified of low levels of lead they will usually become proactive at taking all precautions to eliminate the poisoning before it escalates to higher levels which will more greatly harm the child and trigger a lead abatement order.  Many times the tenant family and the landlord can work together in a common sense way before an order is triggered and solve the issue easily before the extreme expense of an order is triggered.
Notice that the parents get reporting of both capillary and venous testing while landlords only get notification of venous testing.
All landlords we have spoken to are for this section.
(Similar notes as section on Landlord Notification above).
Section 6:  Civil Suits
Property Owner Position: Against
May be upgraded to Neutral if amended.
Technically, this section does not change the understanding of civil liability so we’re not sure why it is needed.
The Senate committee amendment does add a sentence to address the subsequent repairs concern. (Previously flagged as an issue).
We are suggesting the following change to the tenant responsibility side of this section.
"Evidence of disturbance of lead based substances by the tenant, his guests, invitees, or anyone else he or she brings into the leased premises, or the tenant’s pets shall be admissible evidence. Failure of the tenant to notify the landlord, as required in written lease or rental agreement, of any peeling, chipping, chalking, cracking or disturbance of lead based substances shall also be admitted into evidence."
If both of these changes survive in the amendment we would upgrade our position from against to neutral.
Section 7:  Lead Screening Commission & Essential Maintenance Practices Task Force
In the amendment both would be combined into one commission with subcommittees one for Lead Screening and the other for
Essential Maintenance Practices Task Force
Lead Screening Commission
Property Owner Position: Neutral
Essential Maintenance Practices Task Force
Property Owner Position: For
Basically, the committee would set up a standard of care to be followed by all owners of such property. The committee is to study similar programs in other states, Vermont is the primary example, work with public health officials in formulating such a program, and look into incentives for compliance. 14 people are to be appointed to the committee from various occupations related to public health and rental housing.
The fundamental idea here if such a program would be put in place is likely that rental property owners would need to submit an annual report stating that they have inspected the rental property and fixed any lead hazards using lead safe techniques.  Also there could easily be a program requiring old leaded windows not yet replaced to at least be fitted with a system of simple vinyl strips and window will inserts to eliminate the friction surfaces of the leaded portion of the windows.
In exchange for this standard of care the property owner would receive a reduction in liability in lead law suits.  At the stake holders meetings, an attorney representing interest of trial lawyers said the legal protection for landlords will be killed by the trial lawyers.  So the “carrot” portion of this proposal definitely needs substantial work.
At one of our landlord meetings it was suggested that to get a limit in liability landlords should just keep a maintenance log and that the  landlord’s property maintenance log be admissible evidence in defending landlord liability. This idea eliminates the beauracracy and still give us possibility of some protection.
Also what if tenant denies us access to make repairs. Law should state that tenant has to give landlord access, similar to bedbug provision.
Some background:
As of late, I have been involved with the lead stake holders meetings that resulted in this legislation.  Most of the stake holders wanted to simply put an Essential Maintenance Program in place with this bill.  My strong comment to them was that more time was needed to analyze and come up with a plan that landlords could agree with.  They decided to take my advice and create a task force instead.  Most but not 100% of the landlords I speak with are in favor of this section because it will give landlord’s voice in the process & more time in designing the Essential Maintenances Program.  Forcing in place a program that was not well thought out could have been very detrimental to landlords.
The commission membership at our recommendation was raised from 1 to 4 landlord representatives which addresses our major concern.
The Child care member was amended to be from a property pre1978. Which is one of the concerns we raised.
We recommend a few modifications to this section of the bill.
Should an in home day care be included from a property pre1978?
Since there most likely will be a proposed essential maintenance practices program coming from the committee that may become law, we should have some way to review the proposal and have input on it before the committee makes its final recommendation to the legislature.  We ask that the meeting minutes and proposed essential practices be posted on a website of the general court & the general public be allowed to make written comments to the committee  and such comments be reviewed by the committee before it makes any recommendations to the legislature.
We also recommend that a minority report option be made available for the final report.
There is also one change we will be asking for on the appointing of a landlord representative.
Notes some other good things.
This version as amended by the Senate committee adds some duties to the commission including:
VI. The commission shall explore and examine options for assisting property owners in the abatement of lead-based paint hazards.
VIII. The commission shall assess the feasibility and benefits of requiring the department to provide notice to landlords and parents pursuant to RSA 130-A:6-a and RSA 130-A:6-b when a child has been found to have a blood lead level less than 5 micrograms per deciliter.
Previous Section on Child Care License/Permit Suspension, Revocation, Denial
has been removed.
Previous sections related to RSA 540-A prohibited acts
has been removed.
Previous section related to Building Permits To Require RRP If Applicable
has been removed.
Section 8:  Repeal  commission on Completion
Section 9:  Effective Dates For Different Sections
=====================
HB613, Right To Know Law Exemptions
02/19/2015 at 10:45 AM    LOB 208
Title: Title: relative to governmental records exempted under the right-to-know law.
Summary: Exemptions to include names and addresses contained in license applications.
Property Owner Position: You Decide
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: HB613
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0613.html
Analysis Stated in Bill:
Talking Points:
Appears to clarify current exemptions.
Some of us are for this bill.
=====================
HB531, Short-Term Rentals Study Committee
02/19/2015 at 11:00 AM    LOB 302
Title: Title: establishing a committee to study short-term rentals by homeowners and owners of residential properties.
Summary: 1. Seek to establish a committee to study and make recommendations regarding short-term (vacation) rentals by homeowners.
2. Evaluate the effect this will have on the traditional lodging market.
Property Owner Position: Varied, some For, some Against, some Neutral
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: HB531
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0531.html
Analysis Stated in Bill:
Talking Points:
Short term rentals are not defined in the bill, nor is it clear what types of properties, or the types of rentals the committee is supposed to study. Are rooms in a house rented out as a Bed and Breakfast subject to this study?  See Airbnb.com.  Or are single family residences rented out for a month at a time or less subject to this study.
Homeowners have been renting short-term, vacation properties long before hotel chains and vacation resorts came on scene. We don't believe this market is so saturated with homeowner rentals to create a problem. It is this level of competition that creates benefit for the consumer.
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HB544, Eminent Domain by Utilities
02/19/2015 at 01:15 PM    LOB 304
Title: Title: allowing the general court to deny a utility the use of the power of eminent domain.
Summary: The bill would deny a utility, as defined in RSA-362, the powers of eminent domain unless the proposed taking was presented to the legislature (General Court) and the legislature did not ban the taking.
Property Owner Position: Some For, Some 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: HB544
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0544.html
Analysis Stated in Bill:
Talking Points:
Some of us are for this bill because it protects property rights.
We feel that property owners should not loose land or rights through eminent domain without a full restitution (including appraisals & atty's fees) and careful research on the merits and benefits of the acquisition.
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HB636, Forfeiture Of Property
02/19/2015 at 01:30 PM    LOB 208
Title: Title: relative to forfeiture of property.
Summary: This bill would revise the New Hampshire forfeiture laws – the laws that allows the state to take property that is contraband, property obtained due to a commission of a crime, and instrumentalities a person used in the commission of the crime.
Property Owner Position: Against
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: HB636
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0636.html
Analysis Stated in Bill:
Talking Points:
The state will have the right to seize property that it believes was used in the commission of a crime.
Prosecutors only have to prove by a preponderance of the evidence that the property is related to the crime, therefore subject to forfeiture.
Law enforcement has a profit motive to pursue forfeitures.
Once property is taken, the burden lies on the innocent owner to defend against the forfeiture.
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HB680, Homestead Exemption
02/20/2015 at 11:00 AM    LOB 202
Title: Title: relative to establishing the rate for and the collection of the education property tax and establishing a homestead exemption from the education property tax.
Summary: Not analyzed yet
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: 0
Subject: HB680
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0680.html
Analysis Stated in Bill:
Talking Points:
Not analyzed yet
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SB232, Exempting Certain Leases From The Real Estate Transfer Tax
03/02/2015 at 09:30 AM    SH 103
Title: Title: exempting certain leases from the real estate transfer tax.
Summary: This bill would exempt from the transfer tax any lease, including any sales, transfers, or assignments of any interest in the leased property, where the term of the lease, including all renewals, is less than 99 years.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: dboutin1465@comcast.net; 0; chuck.morse@leg.state.nh.us; andy.sanborn@leg.state.nh.us; dalas@leg.state.nh.us; ;
Subject: SB232
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0232.html
Analysis Stated in Bill:
Talking Points:
This bill seeks to clarify that a real estate transfer has not taken place with leased property.
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HB571, Interest And Dividends Taxation Of Trusts
03/02/2015 at 10:00 AM    LOB 202
Title: Title: relative to taxation of trusts under the interest and dividends tax.
Summary: This bill would tax the interest and dividends earned by trusts in excess of $2400 a year.
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: HB571
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0571.html
Analysis Stated in Bill:
Talking Points:
Trusts used for estate planning purposes have been attractive to NH residents. In the past, I/D tax has only been imposed on distributions to trust beneficiaries.
In 2012 NH legislators passed trust favorable legislation to introduce tax relief and to make this state more attractive to conduct business.  We have not done a thorough analysis on this bill but this bill would seem to be going backwards and making NH less favorable for conducting business.
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SB121, Current Use Taxation
03/02/2015 at 09:45 AM    SH 103
Title: Title: relative to definitions used for purposes of current use taxation.
Summary: This bill will allow excavated land to be considered open space. Therefore, allowing more landowners to apply for current use tax savings.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: dboutin1465@comcast.net; 0; chuck.morse@leg.state.nh.us; andy.sanborn@leg.state.nh.us; dalas@leg.state.nh.us; ;
Subject: SB121
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0121.html
Analysis Stated in Bill:
Talking Points:
Towns may bare the cost of civil engineers to determine “angle of repose” but, those costs should be paid by the applicant.
The reduction of taxable land within a municipality will result in higher tax bills for taxpayers.
The revenue is not lost to the town as it will be picked up by all local taxpayers. The town will likely pick up additional revenue when the land is eventually converted from current use.
Excavated land where the “angle of repose” creates the necessity of civil engineering to ensure it's safety, probably goes against the intent of open space.
This bill would increase tax burden on taxpayers in general for the benefit of the few.
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HB263, No Residence Restriction for Sexual Offenders
01/29/2015 at 11:00 AM    LOB 204
Title: Title: prohibiting residency restrictions on sex offenders.
Summary: This bill, if it became law would prohibit any political subdivisions of the state including counties, cities, towns, villages, and special districts such as school districts, water districts, park districts, and airport districts, from enacting housing restrictions of sexual offenders.  Further once the bill becomes law, all such restrictions that are in existence, will become unenforceable.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H26
Email to Committee:
To: ~HouseCriminalJusticeandPublicSafety@leg.state.nh.us
Subject: HB263
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0263.html
Analysis Stated in Bill:
Talking Points:
This appears to be bad for our industry because it moves sexual offenders towards having a protected class status.  If a local jurisdiction cannot use sex offender status restrictions, then the next step could be that the property owner/landlord cannot use that for screening.
So, if a town enacts an ordinance that sex offenders cannot live within 100 yards of a school, that restriction would not be enforceable under this bill. Although such a restriction would be to protect one of our most venerable groups – children.  The bill does not consider if a restriction is reasonable, and does have a clear goal of protecting those we all can agree cannot protect themselves.
It is also an example of the state telling local communities, and the people of those communities, how to run their community which we are usually against.
The real problem seems to lie with where to draw the line between minor offenses and major offenders.
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