Legislative Update – February 28 – March 2nd 2012

Courtesy of the RPOA, Nick Norman Director of Legislative Affairs

No real estate bills scheduled to be heard this week

Next week there is only 1 scheduled so far, HB1634 (see below), maybe more of the bills still active will be added for next week also. Stay tuned.

Perhaps the most critical bill to support is SB301.
·
Legal Assistance said they would send pages of notes to the committee in strong opposition to the bill. If you haven’t already, please respond in favor of the bill to increase our chance to get this or at least parts of it passed.

Please email, or call the legislators
Short Summary here (Full detail is further below)
SB301 (Committee has not made a decision yet)
Title: relative to landlord-tenant remedies.
Summary: Many improvements to eviction and eviction-small small claims
Property Owner Position: Support

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: SB301 Support

At this point the committees have decided on most of the bills (see further below). Please email or call the legislators to give them your input on the remaining bills & ask them to vote in our favor while there is still time left.

We will work on getting copies of bills that have been amended with recommendations to you soon.

See below for details of the following

· Summary All Bills Still active (please contact legislators)
· Present Status Bills newly decided (that we know)
· Full details on all bills (still active) which includes “To” & “Subject” for email to legislators
· Talking points, much more

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Summary All Bills still active (please contact legislators)

SB301 02/02/2012 at 02:00 PM LOB 101
Title: relative to landlord-tenant remedies.
Property Owner Position: Support

Summary: Many improvements to eviction and eviction-small small claims

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: SB301 Support
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HB1649 02/13/2012 at 10:20 AM LOB 207
Title: relative to collection of the education property tax and establishing a program to rebate certain excessive property tax payments of eligible taxpayers.

Summary: The bill establishes a program for the rebate of excessive education property tax payments made by eligible taxpayers in the state.

Property Owner Position: Oppose

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H46

Email to Committee:
To: ~HouseSpecialCommitteeonEducationFundingReform@leg.state.nh.us
Subject: HB1649 Oppose

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SB204 02/14/2012 at 09:00 AM LOB 102
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.

Summary: Updates Commercial Code for changes in technology, legal entities, etc.

Property Owner Position: No Action

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

Email to Committee:
To: represcott@represcott.com; raymond.white@leg.state.nh.us; tom.deblois@leg.state.nh.us; matthew.houde@leg.state.nh.us; andy.sanborn@leg.state.nh.us;
Subject: SB204
================================================================== HB1634 03/13/2012 at 10:00 AM LOB 301
Title: (New Title) establishing a committee to study the implementation of United Nations Agenda 21 into the state, counties, regional commissions, towns, and cities.

Property Owner Position: Support

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: HB1634 Support
…
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Present Status Bills newly decided (that we know):
HB1501
Title: establishing a fund to upgrade wastewater treatment plants.
Property Owner Position: Oppose
REPORT FILED
Majority Report: Refer to Study

HB1252
Title: relative to required documentation of ownership in foreclosure proceedings.
Property Owner Position: Support if amended
REPORT FILED
Majority Report: Inexpedient to Legislate

HB1263
Title: repealing the law requiring landlords of restricted residential property provide service of process information.
Property Owner Position: Support
REPORT FILED
Majority Report: Ought to Pass Amended
Minority Report: Inexpedient to Legislate

HB1463
Title: relative to abandonment of the tenancy and relative to property abandoned by a tenant.
Property Owner Position: Think we support but we need to get more clarity on ramifications and landlords.
REPORT FILED
Majority Report: Ought to Pass Amended
Minority Report: Inexpedient to Legislate

HB1674
Title: reducing the interest rate on late and delinquent property tax payments, subsequent payments, and other unpaid taxes.
Property Owner Position: Support
REPORT FILED
Majority Report: Inexpedient to Legislate
Minority Report: Ought to Pass Amended

HB1532
Title: relative to trespass on land which is not posted.
Property Owner Position: Oppose
REPORT FILED
Majority Report: Ought to Pass Amended

HB1405
Title: relative to refugee resettlement.
Property Owner Position: Support
REPORT FILED
Majority Report: Inexpedient to Legislate
Minority Report: Ought to Pass

SB342
Title: including standards for log homes in the New Hampshire building code.
Property Owner Position: No Action
REPORT FILED
Majority Report: Ought to Pass Amended

HB1618
Title: relative to fire safety standards for community living facilities.
Property Owner Position: No Action
REPORT FILED
Majority Report: Ought to Pass Amended
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Full details on all bills (still active):
HB1634 03/13/2012 at 10:00 AM LOB 301
Title: (New Title) establishing a committee to study the implementation of United Nations Agenda 21 into the state, counties, regional commissions, towns, and cities.

Summary: Despite what the title says here is point 3 of the bill:
3 Duties. The committee shall study procedures to prevent the implementation of United Nations Agenda 21 into the state, counties, regional commissions, towns, and cities; other implementation by nongovernmental organizations; the clarification of constitutional issues relevant to the study; and any related concerns with the implementation of United Nations Agenda 21.

Property Owner Position: Support

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: HB1634 Support

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1634.html
Analysis Stated in Bill: This bill establishes a committee to study the implementation of United Nations Agenda 21 into the state, counties, regional commissions, towns, and cities.

Notes: this bill actually is charged to study preventing implementation of UN Agenda 21.

Talking Points:
The original HB1634 has been amended. It was a bill to prohibit NH local & state government from adopting the UN Agenda 21. Now it establishes a study committee for preventing the implementation of UN Agenda 21.

Here is a link to give you a little background plus other links on this socialist agenda disguised as Sustainable Development.

http://www.theblaze.com/stories/is-the-soros-sponsored-agenda-21-a-hidden-plan-for-world-government-yes-only-it-is-not-hidden/

Look at the link, educate yourself then email or call legislators to support this bill and specifically any measures that would prevent NH state and local governments from implementation of UN Agenda 21.
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SB301 02/02/2012 at 02:00 PM LOB 101
Title: relative to landlord-tenant remedies.

Summary: Many improvements to eviction and eviction-small small claims

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: SB301 Support

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0301.html
Analysis Stated in Bill: This bill:
I. Requires 7 days notice for eviction from residential property, regardless of the grounds for the eviction.
II. Allows the landlord to amend a writ of summons to correct minor procedural defects.
III. Increases the amount of damages available in landlord-tenant disputes from $1,500 to $10,000.
IV. Requires former tenants to execute a financial affidavit and provide a forwarding address if they have been found liable for damages to the landlord.

Talking Points:
The Analysis stated in the bill above indicates four changes by roman numerals but the actual text of the bill has 6 significant changes numbered 1 – 6.

1. Under current law a landlord can give a seven days eviction notice in limited circumstances, basically for non payment of rent, substantial damage to the premises by a tenant or his family or guests, or behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, but not guests of the tenant. In all other circumstances the notice must be 30 days.

The current law can be confusing, and there are circumstances where it is unclear which notice is appropriate. Examples, a tenants guests drink in a common hallway and always move inside the apartment when the police arrive if called by other residents of the building. It disturbs other tenants. Is it harm allowing a 7 days notice ? A tenant brings in a pet without permission - the pet can cause major damage to an apartment and bring in fleas. What about a dog that constantly barks disturbing other tenants. Tenants continuously have marital discord that disturbs other tenants is this harm to the other tenants or other good cause.

In addition there are many instances where the 30 days notice is unfair as financial harm does occur to a landlord. A tenant brings in a roomate without the permission of the landlord and the new person uses water, hot water at the expense of the landlord without paying for his or her use of these utilities that a landlord pays.

There is also no real reason for the difference in the notice provisions. Even after the notice period ends, it still takes a minimum of three to four weeks for the eviction process to work its way through the courts. The tenants have more than adequate time to find other housing. However, during this entire process the tenant do continue their behavior that is the cause of the eviction to the detriment of the landlord and the other tenants.

2. This amendment prevents an eviction from being dismissed if there is a minor error in the demand for rent or eviction notice. As long as a tenant is notified of the eviction action, how to avoid it if it is a non payment case, an eviction should not be dismissed if, for instance, the tenants name is spelled incorrectly. Since only minor errors will be allowed, the tenant’s rights would not be prejudiced.

3. The third amendment is similar to the previous paragraph, but allows a landlord to amend a writ by motion, within 7 days if the landlord made an error in preparing the writ. This prevents an eviction from being dismissed if a error is corrected quickly, within 7 days, and it does not prejudice a tenant as the correction will be well before a hearing date is scheduled in the eviction process.

4. This paragraph provides for an automatic procedure for periodic payments and could eliminate the need of a landlord to file, after judgment, a motion for periodic payments and have a hearing. It reduces the paperwork for the Courts, it reduces the amount of times that a judge has to review and rule on a case, and it reduces costs for both the landlord and the tenant as each has to take additional time for every court appearance and there are court fees that one or the other has to pay.

5. This bill just increases the limits of the amount of damages for unpaid rent a landlord can seek from $1500 to $10,000. This is similar to the increases that have been made in small claim procedures. With many apartments and single family houses renting for more than $1000 per month, it is easy to exceed $1,500, especially if a landlord tries to work a tenant who is having financial difficulties, for unpaid rent, by the time the writ is prepared. In commercial transactions, it is easy to see the need for higher upper limit.

In order to save time and expense for both the Landlord and the Tenant, the entire amount of damages for unpaid rent could be litigated once when the case is heard on the L & T writ.

Just understand that under this section, if the landlord alleges damages in excess of $1,500 then the tenant can request a jury trial. We are unclear if the possessory action stays in the district court (now known as the Circuit Court) or if the entire action is transferred to the Superior Court where it can take YEARS for a civil jury trial to be scheduled.

6. Jurisdiction is mostly restricted to district court.

In all cases where a jury trial is not requested jurisdiction will stay with the District Court.
This is good for us because District Court has the easiest & quickest procedures.
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HB1649 02/13/2012 at 10:20 AM LOB 207
Title: relative to collection of the education property tax and establishing a program to rebate certain excessive property tax payments of eligible taxpayers.

Summary: The bill establishes a program for the rebate of excessive education property tax payments made by eligible taxpayers in the state.

Property Owner Position: Oppose

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H46

Email to Committee:
To: ~HouseSpecialCommitteeonEducationFundingReform@leg.state.nh.us
Subject: HB1649 Oppose

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1649.html
Analysis Stated in Bill: This bill transfers the authority to collect the education property tax from the municipalities to the department of revenue administration. The bill establishes a program for the rebate of excessive education property tax payments made by eligible taxpayers in the state. Claims for rebates shall be made to the department of revenue administration and qualifying claims shall be paid from the interest which accumulates on education property taxes collected by the department.

Talking Points:
Claims for rebates shall be made to the department of revenue administration and qualifying claims shall be paid from the interest which accumulates on education property taxes collected by the department.
This is a complex bill which first requires taxpayers to pay education tax, that is being billed to them by the local municipality, to the Department of Revenue Adm. It also changes the procedure for education property tax relief. According to the Dept of Revenue analysis at the end of the bill, it will seriously increase the cost to the state if this bill is enacted.(The Dept of Revenue estimated 16,000,000)
This looks like it will grow the state government at the expense of the taxpayer.
To speak very intelligently on this bill we would need a much deeper analysis.
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SB204 02/14/2012 at 09:00 AM LOB 102
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.

Summary: Updates Commercial Code for changes in technology, legal entities, etc.

Property Owner Position: No Action

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

Email to Committee:
To: represcott@represcott.com; raymond.white@leg.state.nh.us; tom.deblois@leg.state.nh.us; matthew.houde@leg.state.nh.us; andy.sanborn@leg.state.nh.us;
Subject: SB204

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0204.html
Analysis Stated in Bill: This bill makes changes to Article 9 of the Uniform Commercial Code, relative to secured transactions, as proposed by the National Conference of Commissioners on Uniform State Laws.

Talking Points:
Dropped from our watch list. If this affects you please continue to follow it and respond to legislators.
The bill merely adopts changes in the code proposed by the body who originally wrote the code. When the code was written, there was no internet, computers were not used as they are today, and Limited Liability Companies did not exist. The changes, without spending hours of study, deal with the changes in technology, legal entities, and doing business.

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