==Legislative Update, 2014 #04== Call to Action; Critical landlord tenant bills being decided; NOW (by Monday) is the time to contact legislators; Many landlord bills this week;
This Legislative Update has been provided by Nick Norman, RPOA Director of Legislative Affairs
Howdee
everyone,
Are you contacting the legislators? EMAIL ADDRESSES ARE LISTED BELOW.
Some important & critical bills are being decided Tuesday 2/4/14. The big bill this year, HB1409, still has time to get in your input to the legislators but the committee will likely make their decision on 2/4/14. Please get active. We need you to contact the legislators now on the Critical Bills this Season.
Everything you need is below in these emails.
See more info in Summaries & Full Detail for each category further below. (includes property owner position, contact info, Talking points, and more).(to jump right to bill detail, use Control-F, Find).
Executive Sessions: (Bills being debated & potentially decided)JUDICIARY, Room 208, LOB 10:00am
HB1409, Antidiscrimination Section 8, Domestic Violence
HB1274, Quarterly Semi-annual Rent
HB1214, Termination of Tenancy
HB1336, $500 Fine For Failing To Register Landlord Agent
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB 1:30pm
HB1594, Condo Manager License
This week:02/04/2014 at 09:00 AM SH 103
SB208, InterestDividends Tax Deduction for Foreign Taxes Paid
Level of Response: Email Legislators
Property Owner Position: LimitedImpact; You Decide
02/04/2014 at 09:30 AM SH 103
SB286, Allow Abatement For Prior Year Taxes
Level of Response: Email Call Legislators
Property Owner Position: For
02/04/2014 at 10:00 AM LOB 302
HB1532, Radon Results Notification
Level of Response: You Decide
Property Owner Position: You Decide
02/04/2014 at 10:15 AM SH 103
SB304, Valuation Of Property Value, Payment In Lieu Of Taxes
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide
02/04/2014 at 01:45 PM SH 103
SB203, Limitations on EBT Card Use
Level of Response: Email Call Legislators
Property Owner Position: Amend; then ""For""
02/05/2014 at 09:15 AM LOB 102
SB375, Study Commission Flood Mitigation Fund
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide
02/06/2014 at 02:15 PM LOB 301
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide
Next week:None scheduled so far
Decisions:See Bills Updated Status summary below.
Please email or call your legislator to give them your input on the bills still active & ask your legislator to vote in our favor.
Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)
Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
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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. Its not terribly hard to get but not straight ahead either.
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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. Its not terribly hard to get but not straight ahead either.
HB227 Title: relative to property and casualty insurance.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: none
HB590 Title: relative to the unauthorized practice of law.
Property Owner Position: waiting for addendum to analyze
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB672 Title: relative to the property tax exemption for water and air pollution control facilities.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB421 Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB1272 Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: none
HB1275 Title: permitting a landlord to tow a tenant's vehicle under certain circumstances.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none
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Full details on all bills above:HB227, Casualty Insurance Carriers File Retention & amendments
01/22/2013 at 10:15 AM LOB 302
Title: relative to property and casualty insurance.
Summary: This bill expands the list of things that an insurance company must retain for the year of the claim and the five years thereafter to include debt and bank card information.
The second section deals with rebating commissions.
The third section adds a provision that if there is an audit regard premiums, that has to be completed within 120 days of the cancellation of the policy, and any refund due must be sent out within the 120 days. A fine of $1,000 per day can be imposed on any company that violates this provision, unless notice of a dispute is sent in 120 days.
The balance of the bill, which was proposed by the NH Dept of Insurance, is amendments to regulatory system for insurance and adjusters. The bill appears to be consumer friendly, which as buyers of insurance, landlords would want.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB227
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0227.html
Analysis Stated in Bill: This bill makes certain changes in the laws relative to property and casualty insurance.
This bill was requested by the insurance department.
Notes:
This is a complicated bill that would need lots of study to respond intelligently. We feel our time is better spent on bills directly affecting our business. You decide if this affects you enough to pursue it further.
Talking Points:
none developed so far.
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HB590,
02/05/2013 at 11:30 AM LOB 208
Title: relative to the unauthorized practice of law.
Summary:
Property Owner Position: waiting for addendum to analyze
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: HB590
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0590.html
Analysis Stated in Bill:
Talking Points:
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HB672, Exemptions For Water & Air Pollution Facilities
02/19/2013 at 10:00 AM LOB 301
Title: relative to the property tax exemption for water and air pollution control facilities.
Summary: The bill would change then amount allowed for the exemption to the net book value of the facility. Net book value being original cost less straight line depreciation. (They do not define how many years have to be used for staight line depreciation) The bill stops the exemption from being limitless.
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: HB672
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0672.html
Analysis Stated in Bill: This bill requires that the property tax exemption for water and air pollution control facilities shall only apply to the net book value of the facility or portion thereof.
Talking Points:
Same comment as HB630.
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.
In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.
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HB421, Real Estate Brokerage Regulation
02/19/2013 at 10:00 AM LOB 306
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB421
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.
Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.
The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
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HB1594, Condo Manager License
01/14/2014 at 02:00 PM LOB 306
Title: requiring licensure of community association property managers.
Summary: This is a fairly comprehensive bill that establishes a licensing board, complete with things such as rule making authority, continuing education requirements, license requirements and the like to regulate property manager for "Community Associations" The bill defines these associations as "a residential homeowners’ association in which membership is a condition of ownership of a lot, parcel, unit, or interest, whether in condominium, subdivision, or within a planned unit development. “Community association” shall not include associations of owners of property held under time-share arrangements.
Since we see our membership as apartment building owners and not as developers, or owners of multiple houses in a development that has a community owners association, we feel that the bill will have little impact upon us. Probably there have been property managers of such associations that have engaged in such poor behavior that caused this bill to be submitted. However, we feel in general more bureacracy is always undesirable.
Property Owner Position: Against
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: HB1594
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1594.html
Analysis Stated in Bill:
Talking Points:
This is creating another licensing process and a cost and time by testing and doing continuing educaction every renewal. There are laws already in place with the Real Estate department about being a property manager and having a license to do it. Would this require your employees to get a license? Simply adding another agency to regulate real-estate. Requiring employees to get license which adds cost and testing along with annual fees which go to the state general fund.
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HB1272, Excluding Fraternity Rental to Member from RSA540.
01/21/2014 at 10:30 AM LOB 208
Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Summary: This is a one line bill that would exclude residential units owned and rented by a fraternal or social organization to a member from being a residence under RSA 540.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1272
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1272.html
Analysis Stated in Bill:
Talking Points:
Some of our members felt they were against this bill. Why should these organizations be exempted from the laws we have to follow?
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HB1274, Quarterly Semi-annual Rent
01/21/2014 at 11:00 AM LOB 208
Title: relative to the quarterly or semi-annual payment of rent.
Summary: Allows a landlord to enter into a residential lease requiring a tenant to pay rent either quarterly or semi-annually without violating the security deposit statute where a landlord can not ask for more than one month's rent.
We think the bill should also include a provision that a landlord may accept an offer by a tenant to prepay more than one month's rent. It rarely happens, but some people when they receive their tax refund want to pay ahead when they are moving into a new apartment or over come bad credit or some other application default by prepaying a large portion of rent. Prepayment of rent should be just that and not considered a security deposit.
The bill merely clears up an ambiguity for landlords who want quarterly or semi-annual payments. We anticipate this only happens with expensive high end rentals, or seasonal rentals.
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: HB1274
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1274.html
Analysis Stated in Bill:
Talking Points:
See Summary & this greatly affects college communities. In Durham, Dover, Keene, etc., you have landlords routinely taking a full semester's rent up front. The bill was intended to give them an option to legally allow this kind of option.
There is also the situation where someone with bad credit has a tax refund, personal injury settlement or other lump sum and the landlord might be willing to take a chance on the tenant if the landlord were permitted to due so under the law.
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HB1275, Towing Tenant Vehicle
01/21/2014 at 11:30 AM LOB 208
Title: permitting a landlord to tow a tenant's vehicle under certain circumstances.
Summary: Simply it allows a landlord to tow a car in the circumstances stated in the bill (tow a tenants car if the car is parked in a place or manner that violates the terms of a written lease or in a fire lane, or the tenant fails to move the car during snow removal) without violating RSA 540-A:3(III) which states: "No landlord shall willfully seize, hold or otherwise directly or indirectly deny a tenant access to and possession of such tenant's property, other than by proper judicial process."
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: HB1275
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1275.html
Analysis Stated in Bill:
Talking Points:
The bill would allow us to protect tenants by having cars in fire lanes towed or not moved during snow removal, protect our property by allowing us to tow cars parked improperly, such as on the lawns or walk ways, and if it is in a lease, cars that are uninspected, unregistered, or being repaired and possibly left on jacks in a parking lot or blocking or taking up a tenants reserved parking space. We would like to see language that says that towing in these cases is at the tenant's expense. Hey maybe we can finally able to clean up front yard to keep with city ordinances.
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HB1336, $500 Fine For Failing To Register Landlord Agent
01/21/2014 at 01:00 PM LOB 208
Title: relative to the landlord's agent requirement.
Summary: Imposes a fine of $500 for any landlord who fails to register a Landlord Agent in the city or town of the property
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1336
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1336.html
Analysis Stated in Bill:
Talking Points:
We need to address this bill and oppose it in its current form. The bill does not state who enforces it, nor who receives the fine. Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to this expensive fine. That landlord should be given notice to register by the city or town and a grace period before being subject to the fine. Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement? Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.
There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists. This is a crazy fine for a law that should not even exist.
Lastly, if this should go through the fine is way too expensive and should be $50, then $100, the cap at $200 on some type of time line to respond.
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HB1409, Antidiscrimination Section 8, Domestic Violence
01/21/2014 at 01:30 PM LOB 208
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Summary: Proposed and drafted by NHLA (tenant advocates) expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance (any kind of assistance including Section 8) and any one who claims to be a victim of domestic violence, sexual assault, or stalking. Note: merely making an unverified call to the police or violence center would constitute some one now in a protected class.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1409
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1409.html
Analysis Stated in Bill:
Talking Points:
WE NEED EVERYONE TO SHOW UP AND OPPOSE THIS BILL. MARK YOUR CALENDARS AND BE THERE!
1/21/14 1:30pm LOB 208.
This bill makes two significant changes by adding two distinct and separate categories to RSA 354-A.
First addition to the protected classes (protected from discrimination) is any person who has merely reported to law enforcement, a victim’s violence center, or obtained a temporary or permanent protective order.
The second addition to RSA 354-A the protected classes (protected from discrimination) is for people who receive rental assistance..
We met with NHLA about this bill and were told two of the reasons NHLA put forward the bill are:
1. NHLA was told that people in these classes have difficulty finding apartments. However, NHLA has not provided any statistics to back this up. Further people have 60 days to locate an apartment that can be extended up to 120 days. If they work as hard at finding an apartment as the members of the legislature do during a session they should be able to locate an apartment within the allotted time frames.
We were told the victims of domestic violence sometimes have trouble getting apartments because they come with bad landlord references.
2. The second reason is that NHLA feels all tenants should be able to live where they want (despite their bad landlord references) and that these classes of tenants would have a better chance of improving theirs situations if they could live in better areas.
Note that rental assistance vouchers have rental amount limits as to how much can be spent on rent.
Does this mean that all public housing that concentrates poor people in one project should be eliminated?
Notice that non-profit agencies are exempt. Why?
There are so many problems with this bill it is crazy. Here goes a listing of some.
1. Abusing the system by tenants
To obtain this protection against discrimination one would merely need to report abuse to any law enforcement officer or a violence center. Making a lie to a victims violence center is not a crime,. Many people have no problem not telling the police the truth to get what they want, or filing a false affidavit to obtain a temporary order. Just reporting the domestic violence or stalking is enough. There is no judicial review or any determination of truth to obtain this protection. It is easy to abuse the good intentions of the bill to the detriment of the landlords.
Many times at an apartment couples are arguing and the police are called. Now that arguing couple is a protected class and you can’t evict because an agency was called. This is really poorly written and will create another opportunity for a professional tenant to get away without paying rent. A landlord should be able to evict if there is a problem tenant. If the abuser keeps coming back and starting an augment the landlord and neighboring tenants will be stuck with the problem tenant and lose the good law abiding ones because of this law. A “professional” tenant could make good money here.
2. Perpetrators allowed back in by victim.
Second: many times the victims allow the perpetrator into the new apartment. Other tenants to be in danger if new tenant who is victim of DV lets abuser back into their living space. What if one of the tenants are harmed by the perpetrator. Can the landlord now be held some how liable because the landlord could not do anything to eliminate the perpetrator?
If this happens, landlords have limited ability to evict unless they are witnesses to new abuse or disturbance of the peace. The eviction requires a 30 days notice plus all the time the courts take so it could take 2 to 3 months at a minimum to evict the perpetrator. Mean time all the other tenants in the building who are subject to the fights, generally are reluctant to call police, and may move on account of the continued problem. Now the landlord is only left with the troubled unit and will likely have trouble rerenting because of the troublesome unit.
Ultimately we need to stop this bill entirely. If the bill moves forward, it needs to provide safeguards against abuse of the protections for victims, and needs to provide a way for a landlord to have the perpetrator removed quickly from the rented unit if the perpetrator was not on the lease or rental agreement, or a tenant. Only victims who have obtained a permanent order and have maintained the order should have this protection.
3. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work. The Section 8 lease and contract is very large with an extreme number of clauses. Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant. Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.
Did you know that having a housing assistance tenant forces you to follow HUD RRP rules instead of EPA RRP rules. The HUD rules are more restrictive and expense to follow which will absolutely increase your expenses and create more vacancy.
f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a disfuctional Congress. Who knows what they will continue to fund.
h Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face fancial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.
The bill gives people on sec 8 & any type of housing assistance greater rights than people who work and pay rent from their paychecks.
4. Limited ability to screen new tenants.
This will force you to accept Section 8 tenants. You will not be allowed to deny some one your apartment if they have bad landlord references or bad credit if those references and credit are "caused" by the domestic violence, sexual assault, or stalking. Maybe this could be stretched to say the reasons that cause a tenant to be eligible for Section 8 are the reasons for their bad credit. If so landlords could not refuse a Section 8 tenant because of their bad credit. Could that be extended to say the could not be refuse because of bad past rental payments.
5. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence. How could you know that some one is a victim of domestic violence or if they have reported domestic violence or verify of these? What does that mean? To be safe from a descrimination lawsuit a landlord must simply accept anybody? This could easily open up many “frivolous” lawsuits against landlords.
6. Potential issues with property insurance
Some insurance companies won’t do insurance if Section 8 more than 20%-50%.
This is a terrible bill for landlords. There is so much to talk about here that it will take us a while to put together all the notes required. We are even still collecting and summarizing notes against the bill.
Stay tuned and show up for this hearing.
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HB1214, Termination of Tenancy
01/21/2014 at 02:30 PM LOB 208
Title: relative to grounds for termination of tenancy.
Summary: Allows a landlord to evict a tenant based upon the expiration of a lease or the rightful termination of the term of the lease or rental agreement.
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: HB1214
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1214.html
Analysis Stated in Bill:
Talking Points:
Surrounding states have this already as law. A lease is a contract – by law it has to have a beginning and an end date. The tenant can have the end date as the last day, the landlord should have that option as well.
It is a short one line bill that would overrule the NH Supreme Court case that says that Landlords have to have a valid reason to evict a tenant, as set for the RSA 540:2.
There are many instances where we need to evict a problematic tenant where it can be difficult to prove the facts needed to evict. For instance the loud bully who other tenants do not want to testify against. (How about the member of a motor cycle gang, not club, but gang.) If this bill passes, we could evict that tenant without involving other residents of the building.
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HB1111, Insurance Not Canceled After Claim
01/30/2014 at 10:00 AM LOB 302
Title: clarifying the term "valid claim" for property insurance.
Summary: Does not allow insurance companies to cancel policy after a claim.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1111
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1111.html
Analysis Stated in Bill:
Talking Points:
This bill amends current law which prohibits an insurance company from not renewing a homeowners insurance policy if the homeowner made one valid claim within the previous year or policy period. The bill adds the following: "Inquiries about coverage do not constitute a valid claim."
Although the bill effects homeowners policies and not commercial policies, it may effect our membership who have owner occupied units, such as duplexes. The problem with the bill is that it is unclear if it opens the door to non-renewal if the homeowner inquires about coverage and does not file a claim, which does not appear to be the intent of the bill. It maybe covered elsewhere in the statute, and common sense would say that an inquiry without a claim should not be grounds for the non renewal of a policy.
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SB208, InterestDividends Tax Deduction for Foreign Taxes Paid
02/04/2014 at 09:00 AM SH 103
Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
Summary: This bill provides that taxable dividends under the interest and dividends tax shall be net of foreign taxes paid by the taxpayer.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB208
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0208.html
Analysis Stated in Bill:
Talking Points:
This bill amends the New Hampshire dividends tax by making the tax on the net dividends received after deduction for foreign taxes actually paid on the dividends.
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SB286, Allow Abatement For Prior Year Taxes
02/04/2014 at 09:30 AM SH 103
Title: relative to abatements for prior years' property taxes.
Summary: Allows abatements for prior year taxes.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB286
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0286.html
Analysis Stated in Bill:
Talking Points:
This bill is a "housekeeping" bill to make the statute regarding the abatement of taxes clearer and easier to read. However, although the statue did not say prior years could not be abated, that was an enterpretation by towns & cities.
The bill clarifies that prior years taxes can be abated.
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HB1532, Radon Results Notification
02/04/2014 at 10:00 AM LOB 302
Title: relative to notification of radon level prior to sale or lease of property.
Summary: This bill would require sellers to disclose the results of any radon test of the air in the lowest level of the building for sale, that they know about, to buyers prior to entering into a purchase and sales agreement.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1532
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1532.html
Analysis Stated in Bill:
Talking Points:
The current law is that the sellers or their agent have to disclose the possibility of radon, but not test results. If this passes, similar to lead paint, if the building was tested, the test results have to be disclosed.
For the buyer's prospective, the buyer should be provided this information. It allows the buyer, including members of our group additional information that the buyer can use to make an informed decision. Since only tests that have been done previously have to be disclosed, there is no additional cost to the seller. If the seller has this information, and does not disclose it, a buyer may have recourse against the seller for fraud under current law.
Some of our members say that radon does not have any scientific evidence of causing any immediate or potential health hazards. There are no standardized testing locations listed. A home will have higher levels of radon in basement than on second or third floors. This could lead to these tests leaving our homes/rentals as undesirable because there is radon present even though radon is also present is current outside air that we breathe.
An argument against the bill is that it is one step closer to requiring all buildings to be tested for radon, and eventually lead, and be remediated before sale. Since we think that this argument would not be appreciated by the legislature we leave this one up to you.
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SB304, Valuation Of Property Value, Payment In Lieu Of Taxes
02/04/2014 at 10:15 AM SH 103
Title: relative to the valuation of property for purposes of agreements for payments in lieu of taxes.
Summary: There are two parts to this bill. The first deals with only with Coos County Taxes, and requirements if an agreement is made for payment in lieu of property taxes.
The second part deals with utilities making agreements with towns and unincorporated areas of payments in lieu of taxes.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB304
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0304.html
Analysis Stated in Bill:
Talking Points:
none developed so far.
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SB203, Limitations on EBT Card Use
02/04/2014 at 01:45 PM SH 103
Title: relative to permissible uses of electronic benefit transfer (EBT) cards.
Summary: The bill introduces a number or restrictions on the use of EBT cards for non-essential purchases & also limits withdrawals to $25. Since some tenants use their EBT monies to pay rent. While the intention of the bill is good the unintended consequence is that it would effectively prevent tenants from paying rent using their EBT funds.
Property Owner Position: Amend; then "For"
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S07
Email to Committee:
To: peter.bragdon@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dalas@leg.state.nh.us; sylvia.larsen@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; ;
Subject: SB203
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0203.html
Analysis Stated in Bill:
Talking Points:
This bill would amend RSA 167:7b, which went into effect on January 1, 2014, by further restricting how welfare funds, distributed by the use of Electronic Benefit Transfer cards can be used. The current law does not allow specific types of business to accept the funds. Those businesses are State liquor stores, stores that primarily sell beer and wine for off premises use, gaming establishments(gambling), and adult entertainment where performers disrobe or perform in an unclothed state.
The bill adds tatoo and body piercing businesses prohibited from accepted funds withdrawn with the use of the card. The bill further would specifically prohibit any person who receives public assistance from using the card or cash obtained from the card to gamble, purchase tobacco, alcohol, lottery tickets, adult entertainment or firearms. The bill also would restrict cash withdrawals made with an EBT card to $25 per transaction. Individuals who make such cash withdrawals must retain the receipts for purchases made with the cash withdrawn, and submit the receipts to the Department of Health and Human Services when seeking renewal of the card.
Obviously the intent of the bill is to reduce the use of the card for non essential items. As a taxpayer, we have trouble having people on welfare using the benefits to gamble, purchase alcohol or tobacco, and the other items that are in the bill.
We question if the bill is pragmatic. Cash assistance, over and above food stamps, are used for the purchase of many necessities. Clothing, paper products, and personal hygiene products to name a few. We doubt that people who receive public assistance can hold onto all the receipts required. We also question who at DHHS is going to have time to review the receipts. There is no restriction on the number of $25 withdrawals that can be made either in a day or in a month.
New Hampshire Legal Assistance believes that some people who receive benefits via the EBT card withdraw cash to pay rent. This does occur. Since housing is a necessity, we would like everyone to ask for the bill to be amended to include an exception to the $25 per transaction limit for withdraws for rent. It would require all landlords who accept the cash to provide receipts.
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SB375, Study Commission Flood Mitigation Fund
02/05/2014 at 09:15 AM LOB 102
Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.
Summary: The bill would establish a three person commission to study the creation of a flood mitigation fund for private property owners.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: SB375
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0375.html
Analysis Stated in Bill:
Talking Points:
We could be effected two ways. For those of use with properties subject to flooding, such a fund could be a life saver, especially where flood insurance is so expensive. On the other hand, it could establish some sort of tax in order to have money to go into the fund.
Since the bill only would establish a commission to study the issue and make recommendations, we leave it to you to decide how to respond.
=====================
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
02/06/2014 at 02:15 PM LOB 301
Title: allowing town and cities to waive a portion of the interest due on late property tax payments in special or extraordinary circumstances.
Summary: This bill would grant authority to local governing body of any municipality to waive a portion interest accrued on unpaid taxes upon request of the person liable for the taxes, when the governing body determines that there are special or extraordinary circumstance that require such a waiver.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1196
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1196.html
Analysis Stated in Bill:
Talking Points:
The bill does not give any guidance as to what are special or extraordinary circumstances, not does it specify what portion of the taxes can be waived.
There are circumstances where the interest should be waived, for instance the tax bill was wrong and the property owner was over taxed, and the property owner paid the correct amount of the tax. It is not at all clear if the financial circumstances or health of a property owner would be such special circumstances. Because the bill is so unclear, we do not feel that we should support it. We also do not think that we should oppose it, as one of us could end up benefiting by such a bill. You decide.
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Are you contacting the legislators? EMAIL ADDRESSES ARE LISTED BELOW.
Some important & critical bills are being decided Tuesday 2/4/14. The big bill this year, HB1409, still has time to get in your input to the legislators but the committee will likely make their decision on 2/4/14. Please get active. We need you to contact the legislators now on the Critical Bills this Season.
Everything you need is below in these emails.
See more info in Summaries & Full Detail for each category further below. (includes property owner position, contact info, Talking points, and more).(to jump right to bill detail, use Control-F, Find).
Executive Sessions: (Bills being debated & potentially decided)JUDICIARY, Room 208, LOB 10:00am
HB1409, Antidiscrimination Section 8, Domestic Violence
HB1274, Quarterly Semi-annual Rent
HB1214, Termination of Tenancy
HB1336, $500 Fine For Failing To Register Landlord Agent
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB 1:30pm
HB1594, Condo Manager License
This week:02/04/2014 at 09:00 AM SH 103
SB208, InterestDividends Tax Deduction for Foreign Taxes Paid
Level of Response: Email Legislators
Property Owner Position: LimitedImpact; You Decide
02/04/2014 at 09:30 AM SH 103
SB286, Allow Abatement For Prior Year Taxes
Level of Response: Email Call Legislators
Property Owner Position: For
02/04/2014 at 10:00 AM LOB 302
HB1532, Radon Results Notification
Level of Response: You Decide
Property Owner Position: You Decide
02/04/2014 at 10:15 AM SH 103
SB304, Valuation Of Property Value, Payment In Lieu Of Taxes
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide
02/04/2014 at 01:45 PM SH 103
SB203, Limitations on EBT Card Use
Level of Response: Email Call Legislators
Property Owner Position: Amend; then ""For""
02/05/2014 at 09:15 AM LOB 102
SB375, Study Commission Flood Mitigation Fund
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide
02/06/2014 at 02:15 PM LOB 301
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
Level of Response: You Decide
Property Owner Position: LimitedImpact; You Decide
Next week:None scheduled so far
Decisions:See Bills Updated Status summary below.
Please email or call your legislator to give them your input on the bills still active & ask your legislator to vote in our favor.
Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)
Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
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. Its not terribly hard to get but not straight ahead either.
==============================================
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. Its not terribly hard to get but not straight ahead either.
HB227 Title: relative to property and casualty insurance.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: none
HB590 Title: relative to the unauthorized practice of law.
Property Owner Position: waiting for addendum to analyze
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB672 Title: relative to the property tax exemption for water and air pollution control facilities.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB421 Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB1272 Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: none
HB1275 Title: permitting a landlord to tow a tenant's vehicle under certain circumstances.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none
==============================================
Full details on all bills above:HB227, Casualty Insurance Carriers File Retention & amendments
01/22/2013 at 10:15 AM LOB 302
Title: relative to property and casualty insurance.
Summary: This bill expands the list of things that an insurance company must retain for the year of the claim and the five years thereafter to include debt and bank card information.
The second section deals with rebating commissions.
The third section adds a provision that if there is an audit regard premiums, that has to be completed within 120 days of the cancellation of the policy, and any refund due must be sent out within the 120 days. A fine of $1,000 per day can be imposed on any company that violates this provision, unless notice of a dispute is sent in 120 days.
The balance of the bill, which was proposed by the NH Dept of Insurance, is amendments to regulatory system for insurance and adjusters. The bill appears to be consumer friendly, which as buyers of insurance, landlords would want.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB227
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0227.html
Analysis Stated in Bill: This bill makes certain changes in the laws relative to property and casualty insurance.
This bill was requested by the insurance department.
Notes:
This is a complicated bill that would need lots of study to respond intelligently. We feel our time is better spent on bills directly affecting our business. You decide if this affects you enough to pursue it further.
Talking Points:
none developed so far.
=====================
HB590,
02/05/2013 at 11:30 AM LOB 208
Title: relative to the unauthorized practice of law.
Summary:
Property Owner Position: waiting for addendum to analyze
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: HB590
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0590.html
Analysis Stated in Bill:
Talking Points:
=====================
HB672, Exemptions For Water & Air Pollution Facilities
02/19/2013 at 10:00 AM LOB 301
Title: relative to the property tax exemption for water and air pollution control facilities.
Summary: The bill would change then amount allowed for the exemption to the net book value of the facility. Net book value being original cost less straight line depreciation. (They do not define how many years have to be used for staight line depreciation) The bill stops the exemption from being limitless.
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: HB672
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0672.html
Analysis Stated in Bill: This bill requires that the property tax exemption for water and air pollution control facilities shall only apply to the net book value of the facility or portion thereof.
Talking Points:
Same comment as HB630.
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.
In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.
=====================
HB421, Real Estate Brokerage Regulation
02/19/2013 at 10:00 AM LOB 306
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB421
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.
Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.
The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
HB1594, Condo Manager License
01/14/2014 at 02:00 PM LOB 306
Title: requiring licensure of community association property managers.
Summary: This is a fairly comprehensive bill that establishes a licensing board, complete with things such as rule making authority, continuing education requirements, license requirements and the like to regulate property manager for "Community Associations" The bill defines these associations as "a residential homeowners’ association in which membership is a condition of ownership of a lot, parcel, unit, or interest, whether in condominium, subdivision, or within a planned unit development. “Community association” shall not include associations of owners of property held under time-share arrangements.
Since we see our membership as apartment building owners and not as developers, or owners of multiple houses in a development that has a community owners association, we feel that the bill will have little impact upon us. Probably there have been property managers of such associations that have engaged in such poor behavior that caused this bill to be submitted. However, we feel in general more bureacracy is always undesirable.
Property Owner Position: Against
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: HB1594
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1594.html
Analysis Stated in Bill:
Talking Points:
This is creating another licensing process and a cost and time by testing and doing continuing educaction every renewal. There are laws already in place with the Real Estate department about being a property manager and having a license to do it. Would this require your employees to get a license? Simply adding another agency to regulate real-estate. Requiring employees to get license which adds cost and testing along with annual fees which go to the state general fund.
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HB1272, Excluding Fraternity Rental to Member from RSA540.
01/21/2014 at 10:30 AM LOB 208
Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Summary: This is a one line bill that would exclude residential units owned and rented by a fraternal or social organization to a member from being a residence under RSA 540.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1272
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1272.html
Analysis Stated in Bill:
Talking Points:
Some of our members felt they were against this bill. Why should these organizations be exempted from the laws we have to follow?
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HB1274, Quarterly Semi-annual Rent
01/21/2014 at 11:00 AM LOB 208
Title: relative to the quarterly or semi-annual payment of rent.
Summary: Allows a landlord to enter into a residential lease requiring a tenant to pay rent either quarterly or semi-annually without violating the security deposit statute where a landlord can not ask for more than one month's rent.
We think the bill should also include a provision that a landlord may accept an offer by a tenant to prepay more than one month's rent. It rarely happens, but some people when they receive their tax refund want to pay ahead when they are moving into a new apartment or over come bad credit or some other application default by prepaying a large portion of rent. Prepayment of rent should be just that and not considered a security deposit.
The bill merely clears up an ambiguity for landlords who want quarterly or semi-annual payments. We anticipate this only happens with expensive high end rentals, or seasonal rentals.
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: HB1274
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1274.html
Analysis Stated in Bill:
Talking Points:
See Summary & this greatly affects college communities. In Durham, Dover, Keene, etc., you have landlords routinely taking a full semester's rent up front. The bill was intended to give them an option to legally allow this kind of option.
There is also the situation where someone with bad credit has a tax refund, personal injury settlement or other lump sum and the landlord might be willing to take a chance on the tenant if the landlord were permitted to due so under the law.
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HB1275, Towing Tenant Vehicle
01/21/2014 at 11:30 AM LOB 208
Title: permitting a landlord to tow a tenant's vehicle under certain circumstances.
Summary: Simply it allows a landlord to tow a car in the circumstances stated in the bill (tow a tenants car if the car is parked in a place or manner that violates the terms of a written lease or in a fire lane, or the tenant fails to move the car during snow removal) without violating RSA 540-A:3(III) which states: "No landlord shall willfully seize, hold or otherwise directly or indirectly deny a tenant access to and possession of such tenant's property, other than by proper judicial process."
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: HB1275
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1275.html
Analysis Stated in Bill:
Talking Points:
The bill would allow us to protect tenants by having cars in fire lanes towed or not moved during snow removal, protect our property by allowing us to tow cars parked improperly, such as on the lawns or walk ways, and if it is in a lease, cars that are uninspected, unregistered, or being repaired and possibly left on jacks in a parking lot or blocking or taking up a tenants reserved parking space. We would like to see language that says that towing in these cases is at the tenant's expense. Hey maybe we can finally able to clean up front yard to keep with city ordinances.
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HB1336, $500 Fine For Failing To Register Landlord Agent
01/21/2014 at 01:00 PM LOB 208
Title: relative to the landlord's agent requirement.
Summary: Imposes a fine of $500 for any landlord who fails to register a Landlord Agent in the city or town of the property
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1336
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1336.html
Analysis Stated in Bill:
Talking Points:
We need to address this bill and oppose it in its current form. The bill does not state who enforces it, nor who receives the fine. Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to this expensive fine. That landlord should be given notice to register by the city or town and a grace period before being subject to the fine. Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement? Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.
There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists. This is a crazy fine for a law that should not even exist.
Lastly, if this should go through the fine is way too expensive and should be $50, then $100, the cap at $200 on some type of time line to respond.
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HB1409, Antidiscrimination Section 8, Domestic Violence
01/21/2014 at 01:30 PM LOB 208
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Summary: Proposed and drafted by NHLA (tenant advocates) expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance (any kind of assistance including Section 8) and any one who claims to be a victim of domestic violence, sexual assault, or stalking. Note: merely making an unverified call to the police or violence center would constitute some one now in a protected class.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1409
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1409.html
Analysis Stated in Bill:
Talking Points:
WE NEED EVERYONE TO SHOW UP AND OPPOSE THIS BILL. MARK YOUR CALENDARS AND BE THERE!
1/21/14 1:30pm LOB 208.
This bill makes two significant changes by adding two distinct and separate categories to RSA 354-A.
First addition to the protected classes (protected from discrimination) is any person who has merely reported to law enforcement, a victim’s violence center, or obtained a temporary or permanent protective order.
The second addition to RSA 354-A the protected classes (protected from discrimination) is for people who receive rental assistance..
We met with NHLA about this bill and were told two of the reasons NHLA put forward the bill are:
1. NHLA was told that people in these classes have difficulty finding apartments. However, NHLA has not provided any statistics to back this up. Further people have 60 days to locate an apartment that can be extended up to 120 days. If they work as hard at finding an apartment as the members of the legislature do during a session they should be able to locate an apartment within the allotted time frames.
We were told the victims of domestic violence sometimes have trouble getting apartments because they come with bad landlord references.
2. The second reason is that NHLA feels all tenants should be able to live where they want (despite their bad landlord references) and that these classes of tenants would have a better chance of improving theirs situations if they could live in better areas.
Note that rental assistance vouchers have rental amount limits as to how much can be spent on rent.
Does this mean that all public housing that concentrates poor people in one project should be eliminated?
Notice that non-profit agencies are exempt. Why?
There are so many problems with this bill it is crazy. Here goes a listing of some.
1. Abusing the system by tenants
To obtain this protection against discrimination one would merely need to report abuse to any law enforcement officer or a violence center. Making a lie to a victims violence center is not a crime,. Many people have no problem not telling the police the truth to get what they want, or filing a false affidavit to obtain a temporary order. Just reporting the domestic violence or stalking is enough. There is no judicial review or any determination of truth to obtain this protection. It is easy to abuse the good intentions of the bill to the detriment of the landlords.
Many times at an apartment couples are arguing and the police are called. Now that arguing couple is a protected class and you can’t evict because an agency was called. This is really poorly written and will create another opportunity for a professional tenant to get away without paying rent. A landlord should be able to evict if there is a problem tenant. If the abuser keeps coming back and starting an augment the landlord and neighboring tenants will be stuck with the problem tenant and lose the good law abiding ones because of this law. A “professional” tenant could make good money here.
2. Perpetrators allowed back in by victim.
Second: many times the victims allow the perpetrator into the new apartment. Other tenants to be in danger if new tenant who is victim of DV lets abuser back into their living space. What if one of the tenants are harmed by the perpetrator. Can the landlord now be held some how liable because the landlord could not do anything to eliminate the perpetrator?
If this happens, landlords have limited ability to evict unless they are witnesses to new abuse or disturbance of the peace. The eviction requires a 30 days notice plus all the time the courts take so it could take 2 to 3 months at a minimum to evict the perpetrator. Mean time all the other tenants in the building who are subject to the fights, generally are reluctant to call police, and may move on account of the continued problem. Now the landlord is only left with the troubled unit and will likely have trouble rerenting because of the troublesome unit.
Ultimately we need to stop this bill entirely. If the bill moves forward, it needs to provide safeguards against abuse of the protections for victims, and needs to provide a way for a landlord to have the perpetrator removed quickly from the rented unit if the perpetrator was not on the lease or rental agreement, or a tenant. Only victims who have obtained a permanent order and have maintained the order should have this protection.
3. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work. The Section 8 lease and contract is very large with an extreme number of clauses. Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant. Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.
Did you know that having a housing assistance tenant forces you to follow HUD RRP rules instead of EPA RRP rules. The HUD rules are more restrictive and expense to follow which will absolutely increase your expenses and create more vacancy.
f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a disfuctional Congress. Who knows what they will continue to fund.
h Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face fancial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.
The bill gives people on sec 8 & any type of housing assistance greater rights than people who work and pay rent from their paychecks.
4. Limited ability to screen new tenants.
This will force you to accept Section 8 tenants. You will not be allowed to deny some one your apartment if they have bad landlord references or bad credit if those references and credit are "caused" by the domestic violence, sexual assault, or stalking. Maybe this could be stretched to say the reasons that cause a tenant to be eligible for Section 8 are the reasons for their bad credit. If so landlords could not refuse a Section 8 tenant because of their bad credit. Could that be extended to say the could not be refuse because of bad past rental payments.
5. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence. How could you know that some one is a victim of domestic violence or if they have reported domestic violence or verify of these? What does that mean? To be safe from a descrimination lawsuit a landlord must simply accept anybody? This could easily open up many “frivolous” lawsuits against landlords.
6. Potential issues with property insurance
Some insurance companies won’t do insurance if Section 8 more than 20%-50%.
This is a terrible bill for landlords. There is so much to talk about here that it will take us a while to put together all the notes required. We are even still collecting and summarizing notes against the bill.
Stay tuned and show up for this hearing.
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HB1214, Termination of Tenancy
01/21/2014 at 02:30 PM LOB 208
Title: relative to grounds for termination of tenancy.
Summary: Allows a landlord to evict a tenant based upon the expiration of a lease or the rightful termination of the term of the lease or rental agreement.
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: HB1214
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1214.html
Analysis Stated in Bill:
Talking Points:
Surrounding states have this already as law. A lease is a contract – by law it has to have a beginning and an end date. The tenant can have the end date as the last day, the landlord should have that option as well.
It is a short one line bill that would overrule the NH Supreme Court case that says that Landlords have to have a valid reason to evict a tenant, as set for the RSA 540:2.
There are many instances where we need to evict a problematic tenant where it can be difficult to prove the facts needed to evict. For instance the loud bully who other tenants do not want to testify against. (How about the member of a motor cycle gang, not club, but gang.) If this bill passes, we could evict that tenant without involving other residents of the building.
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HB1111, Insurance Not Canceled After Claim
01/30/2014 at 10:00 AM LOB 302
Title: clarifying the term "valid claim" for property insurance.
Summary: Does not allow insurance companies to cancel policy after a claim.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1111
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1111.html
Analysis Stated in Bill:
Talking Points:
This bill amends current law which prohibits an insurance company from not renewing a homeowners insurance policy if the homeowner made one valid claim within the previous year or policy period. The bill adds the following: "Inquiries about coverage do not constitute a valid claim."
Although the bill effects homeowners policies and not commercial policies, it may effect our membership who have owner occupied units, such as duplexes. The problem with the bill is that it is unclear if it opens the door to non-renewal if the homeowner inquires about coverage and does not file a claim, which does not appear to be the intent of the bill. It maybe covered elsewhere in the statute, and common sense would say that an inquiry without a claim should not be grounds for the non renewal of a policy.
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SB208, InterestDividends Tax Deduction for Foreign Taxes Paid
02/04/2014 at 09:00 AM SH 103
Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
Summary: This bill provides that taxable dividends under the interest and dividends tax shall be net of foreign taxes paid by the taxpayer.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB208
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0208.html
Analysis Stated in Bill:
Talking Points:
This bill amends the New Hampshire dividends tax by making the tax on the net dividends received after deduction for foreign taxes actually paid on the dividends.
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SB286, Allow Abatement For Prior Year Taxes
02/04/2014 at 09:30 AM SH 103
Title: relative to abatements for prior years' property taxes.
Summary: Allows abatements for prior year taxes.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB286
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0286.html
Analysis Stated in Bill:
Talking Points:
This bill is a "housekeeping" bill to make the statute regarding the abatement of taxes clearer and easier to read. However, although the statue did not say prior years could not be abated, that was an enterpretation by towns & cities.
The bill clarifies that prior years taxes can be abated.
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HB1532, Radon Results Notification
02/04/2014 at 10:00 AM LOB 302
Title: relative to notification of radon level prior to sale or lease of property.
Summary: This bill would require sellers to disclose the results of any radon test of the air in the lowest level of the building for sale, that they know about, to buyers prior to entering into a purchase and sales agreement.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1532
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1532.html
Analysis Stated in Bill:
Talking Points:
The current law is that the sellers or their agent have to disclose the possibility of radon, but not test results. If this passes, similar to lead paint, if the building was tested, the test results have to be disclosed.
For the buyer's prospective, the buyer should be provided this information. It allows the buyer, including members of our group additional information that the buyer can use to make an informed decision. Since only tests that have been done previously have to be disclosed, there is no additional cost to the seller. If the seller has this information, and does not disclose it, a buyer may have recourse against the seller for fraud under current law.
Some of our members say that radon does not have any scientific evidence of causing any immediate or potential health hazards. There are no standardized testing locations listed. A home will have higher levels of radon in basement than on second or third floors. This could lead to these tests leaving our homes/rentals as undesirable because there is radon present even though radon is also present is current outside air that we breathe.
An argument against the bill is that it is one step closer to requiring all buildings to be tested for radon, and eventually lead, and be remediated before sale. Since we think that this argument would not be appreciated by the legislature we leave this one up to you.
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SB304, Valuation Of Property Value, Payment In Lieu Of Taxes
02/04/2014 at 10:15 AM SH 103
Title: relative to the valuation of property for purposes of agreements for payments in lieu of taxes.
Summary: There are two parts to this bill. The first deals with only with Coos County Taxes, and requirements if an agreement is made for payment in lieu of property taxes.
The second part deals with utilities making agreements with towns and unincorporated areas of payments in lieu of taxes.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB304
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0304.html
Analysis Stated in Bill:
Talking Points:
none developed so far.
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SB203, Limitations on EBT Card Use
02/04/2014 at 01:45 PM SH 103
Title: relative to permissible uses of electronic benefit transfer (EBT) cards.
Summary: The bill introduces a number or restrictions on the use of EBT cards for non-essential purchases & also limits withdrawals to $25. Since some tenants use their EBT monies to pay rent. While the intention of the bill is good the unintended consequence is that it would effectively prevent tenants from paying rent using their EBT funds.
Property Owner Position: Amend; then "For"
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S07
Email to Committee:
To: peter.bragdon@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dalas@leg.state.nh.us; sylvia.larsen@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; ;
Subject: SB203
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0203.html
Analysis Stated in Bill:
Talking Points:
This bill would amend RSA 167:7b, which went into effect on January 1, 2014, by further restricting how welfare funds, distributed by the use of Electronic Benefit Transfer cards can be used. The current law does not allow specific types of business to accept the funds. Those businesses are State liquor stores, stores that primarily sell beer and wine for off premises use, gaming establishments(gambling), and adult entertainment where performers disrobe or perform in an unclothed state.
The bill adds tatoo and body piercing businesses prohibited from accepted funds withdrawn with the use of the card. The bill further would specifically prohibit any person who receives public assistance from using the card or cash obtained from the card to gamble, purchase tobacco, alcohol, lottery tickets, adult entertainment or firearms. The bill also would restrict cash withdrawals made with an EBT card to $25 per transaction. Individuals who make such cash withdrawals must retain the receipts for purchases made with the cash withdrawn, and submit the receipts to the Department of Health and Human Services when seeking renewal of the card.
Obviously the intent of the bill is to reduce the use of the card for non essential items. As a taxpayer, we have trouble having people on welfare using the benefits to gamble, purchase alcohol or tobacco, and the other items that are in the bill.
We question if the bill is pragmatic. Cash assistance, over and above food stamps, are used for the purchase of many necessities. Clothing, paper products, and personal hygiene products to name a few. We doubt that people who receive public assistance can hold onto all the receipts required. We also question who at DHHS is going to have time to review the receipts. There is no restriction on the number of $25 withdrawals that can be made either in a day or in a month.
New Hampshire Legal Assistance believes that some people who receive benefits via the EBT card withdraw cash to pay rent. This does occur. Since housing is a necessity, we would like everyone to ask for the bill to be amended to include an exception to the $25 per transaction limit for withdraws for rent. It would require all landlords who accept the cash to provide receipts.
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SB375, Study Commission Flood Mitigation Fund
02/05/2014 at 09:15 AM LOB 102
Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.
Summary: The bill would establish a three person commission to study the creation of a flood mitigation fund for private property owners.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: SB375
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0375.html
Analysis Stated in Bill:
Talking Points:
We could be effected two ways. For those of use with properties subject to flooding, such a fund could be a life saver, especially where flood insurance is so expensive. On the other hand, it could establish some sort of tax in order to have money to go into the fund.
Since the bill only would establish a commission to study the issue and make recommendations, we leave it to you to decide how to respond.
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HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
02/06/2014 at 02:15 PM LOB 301
Title: allowing town and cities to waive a portion of the interest due on late property tax payments in special or extraordinary circumstances.
Summary: This bill would grant authority to local governing body of any municipality to waive a portion interest accrued on unpaid taxes upon request of the person liable for the taxes, when the governing body determines that there are special or extraordinary circumstance that require such a waiver.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1196
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1196.html
Analysis Stated in Bill:
Talking Points:
The bill does not give any guidance as to what are special or extraordinary circumstances, not does it specify what portion of the taxes can be waived.
There are circumstances where the interest should be waived, for instance the tax bill was wrong and the property owner was over taxed, and the property owner paid the correct amount of the tax. It is not at all clear if the financial circumstances or health of a property owner would be such special circumstances. Because the bill is so unclear, we do not feel that we should support it. We also do not think that we should oppose it, as one of us could end up benefiting by such a bill. You decide.
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