Provided by Nick Norman, Director of NH Landlord Legislative Affairs
You can contact Nick at nicknorman@yahoo.com
Howdee everyone,
Important
Updates:
SB135, 2015 Lead Law
Changes
We had the public
hearing. As expected with any lead law change there were many people in
attendance. The bill will be sent to a
subcommittee with more time for input. There are some
small changes coming so stay tuned. Please write to the committee asking them to approve our changes.
HB203,
Representation Landlord/Tenant Court
Now scheduled for
public hearing Thursday 10am.
Please show up
and support the bill. This is important
because it will allow us to represent ourselves in District Court for landlord
tenant matters rather have to hire an attorney if the property is owned by an
entity. See bill detail
below.
Action items this
week:
1. Email, call committee for
SB135, 2015 Lead Law Changes. Ask them
to support our 2 changes.
(Email to House Health,
Human Services and Elderly Affairs committee (HHSEA@leg.state.nh.us)
)
A. Change appointment to Study
Commission of “large” landlord from Granite State Managers Association to being
appointed by the Apartment Association of NH (who’s membership is specifically
targeted to property owners of higher number units).
B. Either remove section 6
civil suits or adopt our language changes listed immediately below this email
which more fairly balances liability between landlord AND tenant.
Latest version (same as last
week) is at http://www.gencourt.state.nh.us/legislation/2015/SB0135.html
2. Attend HB203,
Representation Landlord/Tenant Court
Public hearing and at least
sign in to support the bill.
Speak if you feel compelled
to.
04/14/2015 at 10:00 AM SH 100
Read through full
detail below.
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:
04/14/2015 at 10:00 AM SH 100
HB203, Representation
Landlord/Tenant Court
Level of Response: Attend
hearings, Email & Call Legislators
Property Owner Position:
For
04/16/2015 at
11:00 AM LOB 101
HB480,
Insurance/Criminal Offense
Level of
Response: You Decide
Property Owner
Position: You Decide
04/16/2015 at
11:15 AM LOB 101
HB481, Mortgage
Guarantee Insurance
Level of
Response: LimitedImpact; You Decide
Property Owner
Position: LimitedImpact; You Decide
04/15/2015 at
09:15 AM LOB 101
HB427, Adopting
2015 Fire Code Regs
Level of
Response: LimitedImpact; You Decide
Property Owner
Position: LimitedImpact; You Decide
Hearings next
week:
04/21/2015 at
10:00 AM LOB 301
SB235,
Condominium Sale Recording & Financial Disclosure Requirements
Level of
Response: LimitedImpact; You Decide
Property Owner
Position: LimitedImpact; You Decide
Further below
is:
Bills Updated
Status summary:
Full details on
all bills above
(Which includes
property owner position, contact info, talking points, and more)
Love &
Light,
Nick
Norman
Director of
Legislative Affairs
==============================================
SB135 Section 6 change.
We are suggesting the following change to the tenant responsibility side of
this section.
"
130-A:18 Civil
Suits. Owners and tenants of pre-1978
rental housing and childcare facilities shall take reasonable care to prevent
exposure to, and the creation of, lead hazards. Notwithstanding any
provision of law to the contrary, the mere presence of a lead base substance
shall not constitute negligence on the part of an owner of any dwelling. To
establish negligence on the part of an owner, the plaintiff in a civil suit
shall demonstrate actual injury caused by the lead base substance.
Evidence of actions taken or not taken by the owner or tenant or tenant's
invitees of a pre-1978 rental property or childcare facility in
compliance with applicable public health laws and regulations concerning lead
may be admissible evidence of reasonable care or negligence. Remedial actions
taken by a property owner or tenant after a lead
exposure has occurred shall not be admissible evidence for purposes of
establishing liability. Evidence of disturbance of lead based substances by the
tenant, his guests, invitees, or pets shall be
admissible evidence. Failure of the tenant to notify
the landlord, as required in written lease or rental agreement, of any peeling,
chalking, cracking or disturbance of lead based substances shall also be
admitted into evidence. In addition, the mere presence of a lead
base substance in a dwelling shall not by itself violate any warranty of
habitability.
“
If these changes survive in the amendment we would upgrade our position
from against to neutral.
==============================================
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.
HB175
Title: (New
Title) establishing a committee to study improving the efficiency of the
financial approval process for housing subdivisions used by the department of
justice.
Property Owner
Position: You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status:
PASSED / ADOPTED
HB203
Title: relative
to the unauthorized practice of law.
Property Owner
Position: For
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB480
Title: relative
to policies for property and casualty insurance.
Property Owner
Position: You Decide
House Status:
PASSED / ADOPTED
Senate Status: IN
COMMITTEE
HB481
Title: relative
to commercial insurance.
Property Owner
Position: LimitedImpact; You Decide
House Status:
PASSED / ADOPTED
Senate Status: IN
COMMITTEE
HB427
Title: relative
to the definition of the New Hampshire fire code.
Property Owner
Position: LimitedImpact; You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
==============================================
Full details on all bills
above:
SB135, 2015 Lead
Law Changes
04/09/2015 at
01:00 PM LOB 205
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 actually="" an="" behind="" but="" data="" dl="" does="" get="" have="" it.="" like="" not="" number="" says="" simply="" something="" span="" style="mso-spacerun: yes;" the="" they="" where=""> They are working towards a software change to
update their systems and be able to accurately give notice at lower levels. We say why not just create a simple modern
spreadsheet to hold the data. Almost
anyone could do that in an hour’s time.
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.
Section 6: Civil Suits
130-A:18 Civil
Suits. Owners and tenants of pre-1978
rental housing and childcare facilities shall take reasonable care to prevent
exposure to, and the creation of, lead hazards. Notwithstanding any
provision of law to the contrary, the mere presence of a lead base substance
shall not constitute negligence on the part of an owner of any dwelling. To
establish negligence on the part of an owner, the plaintiff in a civil suit
shall demonstrate actual injury caused by the lead base substance.
Evidence of actions taken or not taken by the owner or tenant or tenant's
invitees of a pre-1978 rental property or childcare facility in
compliance with applicable public health laws and regulations concerning lead
may be admissible evidence of reasonable care or negligence. Remedial actions
taken by a property owner or tenant after a lead
exposure has occurred shall not be admissible evidence for purposes of
establishing liability. Evidence of disturbance of lead based substances by the
tenant, his guests, invitees, or pets shall be
admissible evidence. Failure of the tenant to notify
the landlord, as required in written lease or rental agreement, of any peeling,
chalking, cracking or disturbance of lead based substances shall also be
admitted into evidence. In addition, the mere presence of a lead
base substance in a dwelling shall not by itself violate any warranty of
habitability.
If 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.
None of us on the
analysis team had heard of the Granite State Managers Association. In doing some research it appears that the
Granite State Managers Association is affiliated with NHHFA and would have input
skewed towards managers of tax credit properties, public housing authority
properties and other assisted properties.
On the other hand
the Apartment Association of NH has long been comprised of actual property
owners of higher number units across all sectors of the rental
market.
We will be asking
that instead of the 50+ unit landlord appointed by the Granite State Managers
Association rather have the 50+ unit landlord be appointed by the Apartment
Association of NH (who’s membership is specifically targeted to property owners
of higher number units).
Notes on 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.
revious 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
=====================
HB175, Study
Committee, Remove Dept. Of Justice From Financial Approval For Residential
Condominium & Housing Subdivisions
04/02/2015 at
02:00 PM LOB 101
Title: Title:
(New Title) establishing a committee to study improving the efficiency of the
financial approval process for housing subdivisions used by the department of
justice.
Summary: The bill
would establish a committee to study removing the department of justice from the
financial approval process for residential condominium and housing
subdivisions.
Property Owner
Position: You Decide
Link to Committee
Info:
Email to
Committee:
To:
Subject: HB175
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0175.html
Analysis Stated
in Bill:
Talking
Points:
Pursuant to RSA
21-M:9 The Dept of Justice shall administer and enforce the provisions of
residential condominium and housing subdivisions.
This bill seeks
to establish a committee to study the benefits of removing the DOJ from that
duty.
This is the only
direction that is given to the committee in the bill.
=====================
HB203,
Representation Landlord/Tenant Court
04/14/2015 at
10:00 AM SH 100
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/Senate/committees/committee_details.aspx?cc=S10
Email to
Committee:
To:
bette.lasky@leg.state.nh.us; gldaniels@myfairpoint.net;
david.pierce@leg.state.nh.us; sharon.carson@leg.state.nh.us;
sam.cataldo@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.
=====================
HB480,
Insurance/Criminal Offense
04/16/2015 at
11:00 AM LOB 101
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/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: 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
04/16/2015 at
11:15 AM LOB 101
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/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: 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
04/15/2015 at
09:15 AM LOB 101
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/Senate/committees/committee_details.aspx?cc=S06
Email to
Committee:
To:
sharon.carson@leg.state.nh.us; Jeff.Woodburn@leg.state.nh.us;
sam.cataldo@leg.state.nh.us; donna.soucy@leg.state.nh.us;
john.reagan111@gmail.com; ;
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
=====================================================
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