Courtesy of the RPOA, Nick Norman, Direct0r of Legislative Affairs
Please email or call the legislators to give them your input on the bills still active & ask them to vote in our favor. (contact info in the detail below).
Bills still active (see more info in Summary & Full Detail All Bills still active below):
HB514, SB364, HB1405, SB342, SB301, SB335, HB1415, SB306, SB266, SB395, SB382, SB222HB1263, SB204, HB1597
Victories this week (see more info in Victories summary below):
HB247, HB514
Setbacks (see more info in Setbacks summary below):
none
This week (Full details further below on all bills still active):
SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Property Owner Position: No Action
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Property Owner Position: No Action
Next week (Full details further below on all bills still active):
No bills on our watch list scheduled next week.
Two Critical Bills still active:
SB364 oppose
SB301 support
See Summary All Bills still active (below) and contact legislators.
Further below is:
Victories summary
Setbacks summary
Summary All Bills still active (please contact legislators)
Full details on all bills still active
Which includes “To” & “Subject” for email to legislators
Talking points, much more
Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Victories summary
HB247
Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED
HB514
Title: relative to entry on private land.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Majority Report: Ought to Pass Amended
==============================================
Summary All Bills still active (please contact legislators)
SB364 02/23/2012 at 01:00 PM LOB 101
Title: relative to tenant guest practices.
Summary: The bill adds a second section to RSA 540-A:2, the statute that prohibits actions by landlords and tenants. The current first section of RSA 540-A:2 prohibits and landlord from willfully violating a tenant's right to quite enjoyment or circumventing the eviction process as well as prohibiting a tenant from willfully damaging or preventing repairs to the landlords building.
The new section which would be included if the bill became law would prohibit a landlord from interfering "with the right of a tenant to permit visitation by the person of his or her own choice except”
If the lease contained reasonable provisions limiting of the duration and frequency of guest visits so long as all leases in the same apartment complex or building contained the provision, or
The landlord can demonstrate that the tenants guest:
(1) Constitutes an imminent threat to the health and safety of others;
(2) Has been convicted of a drug-related felony within the past 2 years; or
(3) Has been convicted of a felony involving physical violence to another person, or the threat thereof, within the past 2 years.
This is a very poorly thought out bill that has major implications for landlords. We need to write committee members to see if we can convince them to vote down this bill.
Property Owner Position: Oppose
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: SB364
...
HB514 03/29/2012 at 01:00 PM LOB 101
Title: relative to entry on private land.
Summary: This bill prohibits persons from entering onto private property to gather information without the permission of the property owner except in specified situations, such as checking up on permits, gathering tax assessing information, or emergency services - fire or police.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee: (since this is going for a vote to the entire body, it is best to contact the legislators in your district)
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: HB514
...
HB1405 04/10/2012 at 09:00 AM LOB 101
Title: relative to refugee resettlement.
Summary: allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jack.barnes@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dboutin1465@comcast.net; amanda.merrill@leg.state.nh.us; nancy.stiles@leg.state.nh.us;
Subject: HB1405 Support
...
SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.
Property Owner Position: No Action
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: SB342
...
SB301 04/10/2012 at 01:00 PM LOB 208
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Summary: Landlord may amend a writ of summons, LT-Writ, for procedural or technical defect.
Property Owner Position: Support
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: SB301 Support
...
SB335 04/10/2012 at 01:45 PM LOB 302
Title: establishing a procedure for certain condominiums to waive portions of the state fire code.
Summary: This bill permits a high-rise apartment building held as a condominium to opt-out of state fire code requirements adopted after it was first occupied as an apartment building. The opt-out is decided by vote the majority of the unit owners.
Property Owner Position: Support
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: SB335 Support
...
HB1415 04/12/2012 at 09:30 AM LOB 102
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Summary: The bill allows for replacement of existing domestic septic systems by rule subject a number of conditions, such as there will not be an increase in the amount of sewerage going into the system, and the original system was properly permitted.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: bob.odell@leg.state.nh.us; john.gallus@leg.state.nh.us; jeb.bradley@leg.state.nh.us; gary.lambert@leg.state.nh.us; amanda.merrill@leg.state.nh.us;
Subject: HB1415
...
SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.
Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.
Property Owner Position: No Action
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: SB306
...
SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: SB266
...
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.
Property Owner Position: No Action
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: SB395
...
SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
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: SB382
...
SB222 Time not specified RM 302 LOB
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.
Property Owner Position: Support
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: SB222 Support
...
HB1263 Time not specified LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.
The amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."
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: HB1263 Support
...
SB204 Time not specified RM 302 LOB
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/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB204
...
HB1597 Time not specified LOB 101
Title: relative to taking by eminent domain for certain purposes.
Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.
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: HB1597
...
==============================================
Full details on all bills (still active):
SB364 02/23/2012 at 01:00 PM LOB 101
Title: relative to tenant guest practices.
Summary: The bill adds a second section to RSA 540-A:2, the statute that prohibits actions by landlords and tenants. The current first section of RSA 540-A:2 prohibits and landlord from willfully violating a tenant's right to quite enjoyment or circumventing the eviction process as well as prohibiting a tenant from willfully damaging or preventing repairs to the landlords building.
The new section which would be included if the bill became law would prohibit a landlord from interfering "with the right of a tenant to permit visitation by the person of his or her own choice except
If the lease contained reasonable provisions limiting of the duration and frequency of guest visits so long as all leases in the same apartment complex or building contained the provision, or
The landlord can demonstrate that the tenants guest:
(1) Constitutes an imminent threat to the health and safety of others;
(2) Has been convicted of a drug-related felony within the past 2 years; or
(3) Has been convicted of a felony involving physical violence to another person, or the threat thereof, within the past 2 years.
This is a very poorly thought out bill that has major implications for landlords. We need to write committee members to see if we can convince them to vote down this bill.
Property Owner Position: Oppose
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: SB364
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0364.html
Analysis Stated in Bill: This bill prohibits a landlord from interfering with a tenant’s ability to invite guests to his or her residence except in certain limited circumstances.
Talking Points:
There are a number of reasons that this bill should not become law. Some of those reasons are:
1. The general prohibition is against "interfering" with a tenant’s rights to have visitors. This term is not defined. What if the landlord has limited on site parking that is for tenants only. If the guest parks in the landlords lot, and the landlord asks the guest to move the guest's vehicle, is that interfering. What if the car is towed because it is in a space designated for another tenant?
If the guest is smoking in the common hallways, and the landlord asks the guest to go outside and not smoke in the common hallways, is that interfering? Or if the guest is waiting in the common hallways or staircase, including the entry stairs, scaring other tenants, and the landlord asks the guest to leave if the person he or she is visiting is not home, or go into the tenants apartment, is that interfering? Can a landlord even ask anyone who they are to make sure that someone is not in his or her building for illegal purposes without potentially violating this statute? This bill, if it becomes law, can potentially cause an abundance of litigation especially when tenants see the potential of receiving $1,000 or more fine and attorney fees.
2. There are many instances where a landlord needs to restrict guests in order to protect other tenants in the building and the landlord's property that would be prohibited by this bill. An example is the guest who continuously brings his or her pet to visit, and does not act responsibly in regards to the pet. The guest allows the pet to defecate on the landlords property and does not clean up after the pet. The pet is a pitbull or other breed of dog that the landlord's insurance carrier does not permit on the premises. The pet, maybe a snake, scares other tenants, especially other tenant's children. This bill would prevent the landlord from prohiting the pet and the irresponsible pet owner in these instances. Even if the lease or written policy forbids pets, the landlord would still not be able to properly protect his property as banning pet is not a restriction that is of reasonable time or frequency.
3. Other examples are the group of guests who hangout on the entry stairs of the building to "smoke." They stare at everyone who enters and leaves the building, especially a person of the opposite sex. Other tenants are uncomfortable, to say the least, walking through this crowd, especially the parents who have their young children with them. This bill, if one person in that group is a guest or the tenant, would prevent the landlord from asking the group to leave. Allowing any building to become a hangout a recipe for disaster.
4. What about the obnoxious individual who makes comments that everyone finds offensive, especially when that individual is drunk, on drugs, or has limited personal hygiene.
5. The example above in the first section regarding the guest who constantly parks in a restricted area or in a spot assigned to another tenant, or uses the landlords parking lot or yard to repair cars is another instance where banning that guest would be appropriate for the reasonable management of the building. However, if this bill becomes law, the landlord could not stop the guest from entering the property.
6. The instances where a landlord could ask a tenant to leave the landlord's property under this bill are extremely limited. First, in order to learn anything about the guest, even stopping the guest to ask questions, could be deemed as interfering with visitation. Second, obtaining information regarding the guest is difficult, especially for the small landlord who may own a duplex and lives in one of the units.
7. The time frame is from the date of conviction, and not the date a person was released from jail or prison, or discharged from probation or parole. Just because two years have elapsed since a person was convicted does it mean that a person is not still dangerous.
8. What if charges are pending against a person, for something other than violent behavior, for instance drug use or sale. Without a conviction, under this bill, the landlord could not ban the tenant. As a matter of policy do we want known drug dealers, who have been arrested and not convicted, to have open access to all properties run by Housing Authorities if they know one person still living in the complex?
9. What if a guest causes damage to the premises. Under the bill, the landlord can not ban the guest. If, and only if the landlord can prove beyond a reasonable doubt that the guest caused the damage, can the landlord bring criminal charges against the tenant. If the guest is charged with the misdemeanor, and the landlord asks as a bail condition that the guest not enter upon the landlord's premises, is this interfering with the tenant’s rights to have guests?
10. This bill puts the burden on the landlord to adopt policies that have to be carefully drafted in order to avoid a potential initial fine of $1,000 and attorney fees. For the small landlord owning 10 or fewer apartments, especially the owner occupied buildings, this can be a burden.
There are no standards of proof stated, nor does it state if a landlord can use hearsay evidence in a defense to a claim brought under this bill. In addition, if the tenant wins the case, the landlord is subject to a fine and paying attorney fees. If the landlord wins, he has no rights against the tenant, not even the right to evict the tenant. This is another instance where the bill changes the balance between landlords and tenants. This is not like rendering an apartment uninhabitable by shutting off utilities. A landlord generally only bans someone from his or her property because the guest is someone who causes problems or damages the property.
11. How many tenants are really having landlords banning guests without just cause and how often is this happening? Most landlords do not have the time or the ability to see who is having guests, and only react when a problem is brought to the landlords attention, generally by other tenants. Unless there is a widespread need, which probably does not exist, legislation such as this bill should not be passed.
12. See also the attached copy of a letter from Attorney Fred Mayer with points opposing the bill.
=====================
HB514 03/29/2012 at 01:00 PM LOB 101
Title: relative to entry on private land.
Summary: This bill prohibits persons from entering onto private property to gather information without the permission of the property owner except in specified situations, such as checking up on permits, gathering tax assessing information, or emergency services - fire or police.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee: (since this is going for a vote to the entire body, it is best to contact the legislators in your district)
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: HB514
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0514.html
Analysis Stated in Bill: This bill prohibits certain entry on private property for data gathering without a warrant or the written consent of the landowner.
Talking Points:
The bill, as amended by the Senate Judiciary Committee adds three new sections to RSA 36-A:4, and would establish a committee to study entry upon private lands. (RSA 36-A is the statute that grants municipalities the powers to establish a conservation commission). In RSA 36-A:4 are the powers that can be exercised by a conservation commission.
The three sections that amend the powers of a conservation commission limit a commission or its members or designees from entering upon private lands to gather information without either the consent of the landowner or after obtaining a warrant. Prior to requesting permission, the commission must give the landowner notice of the purpose the data gathering, what will be evaluated, how data is to be obtained, recorded and distributed and possible consequences of the data collection. No data gathered without the landowner's permission can be used except for law enforcement as authorized by statute.
The duties of the study commission are to study use of unposted private land for recreational use, policies on the entry of private land to obtain data, opportunities for intergration of state policies for gathering and publication of data gathered from private and public lands, potential problems for such intergration, rights and responsibilities of people entering private land, the statutes regarding posting, trespassing on private lands, and the opportunity of a landowner to challenge data or findings.
=====================
HB1405 04/10/2012 at 09:00 AM LOB 101
Title: relative to refugee resettlement.
Summary: allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jack.barnes@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dboutin1465@comcast.net; amanda.merrill@leg.state.nh.us; nancy.stiles@leg.state.nh.us;
Subject: HB1405 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1405.html
Analysis Stated in Bill: This bill allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.
Talking Points:
The bill amends RSA 161 which is the statute establishing the Department of Health and Human Services, the Department's duties, its rule making authority, the appointment of and the duties of the Commission of the Department, the administration of the food stamp program, other duties (child welfare issues, foster homes, child support enforcement ect), and under RSA 161:2 XVIII
"XVIII. Refugee Resettlement. Administer the New Hampshire refugee resettlement program as funded by and in cooperation with the United States Department of Health and Human Services under the Refugee Act of 1980."
The bill adds three new sections to RSA 161. The first section basically defines, for the bill, absorbtive capacity, The New Hampshire Refugee Program, and the New Hampshire Refugee Coordinator.
The second section sets forth the duties of the New Hampshire Refugee Program.
The second section of Bill 1405 requires the Program to meet at least quarterly with local governments to plan settlement of refugees in advance, plan with agencies regarding settlement of refugees by letter of agreement, and at least quarterly submit to various members of the legislature copies of the letters of agreement and plans for settlement and absorption.
The third and final section of Bill 1405 requires the Program to accept applications from local governing bodies for a moratorium on new refugee settlement activities where the local governing body has determined that the community lacks sufficient absorptive capacity. This decision is made after the local government body consults with the state refugee coordinator, holds public hearing and concludes settlement of additional refugees would be adverse to existing residents.
The Program, if the application is accepted, shall suspend additional settlement activities until the state refugee coordinator and the local governing body have jointly determined that the community can absorb additional refugees. However, no moratorium or extension shall exceed one year.
The bill does not state that a community can not apply for back to back moratoriums.
Note the bill only limits government efforts in settlement of refugees in communities whose applications have been accepted. If people in the country wish to move to a community without the aid of an agency or a non-profit that is works directly with the Program, they are free to do so.
The bill does give a community the chance to say: we just can not place additional refugees this year. We need a break. And if you agree, mr or ms state government program, you will stop your efforts, for up to one year, to place additional people in our community.
Clearly, the communities that do not have the ability or as the bill calls it absorptive capacity, should have a way to stop the state from trying to place additional people in that community. We can only seat a limited number of children in a class room, each community only has limited funds to help students learn English, no community has unlimited low income housing, and all services from Police and Fire to sewer treatments have limited capacity. Clearly once these services are stretched to the limit, it will be adverse to everyone in the community, both not having the services available, and the higher tax burdens to increase the capacity of all municipal services.
Here is a link to some information regarding these refugee resettlement programs and their negative effect in the local economies.
http://american-rattlesnake.org/2012/01/the-fugees/
=====================
SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.
Property Owner Position: No Action
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: SB342
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0342.html
Analysis Stated in Bill: This bill includes standards for log homes in the New Hampshire building code.
Talking Points:
Although building codes can apply to our buildings, no action is recommended on this bill as it is unlikely any of us will build an apartment building from logs.
=====================
SB301 04/10/2012 at 01:00 PM LOB 208
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Summary: Landlord may amend a writ of summons, LT-Writ, for procedural or technical defect.
Property Owner Position: Support
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: 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:
This bill originally addressed 6 points in favor of the landlord. After passing through the house all but one of them was stripped out. The remaining point (original poitn 3.) is helpful however.
3. This amendment 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.
=====================
SB335 04/10/2012 at 01:45 PM LOB 302
Title: establishing a procedure for certain condominiums to waive portions of the state fire code.
Summary: This bill permits a high-rise apartment building held as a condominium to opt-out of state fire code requirements adopted after it was first occupied as an apartment building. The opt-out is decided by vote the majority of the unit owners.
Property Owner Position: Support
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: SB335 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0335.html
Analysis Stated in Bill: This bill permits a high-rise apartment building held as a condominium to opt-out of certain state fire code requirements adopted after it was first occupied as an apartment building.
Talking Points:
As most landlords know the state fire code and life and safety code has no “grandfathering” provisions and has caused extreme financial burden of some landlords by requiring present day code upgrades into the many thousands of dollars.
This is a very important step toward allowing “grandfathering” of existing property conditions.
=====================
HB1415 04/12/2012 at 09:30 AM LOB 102
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Summary: The bill allows for replacement of existing domestic septic systems by rule subject a number of conditions, such as there will not be an increase in the amount of sewerage going into the system, and the original system was properly permitted.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: bob.odell@leg.state.nh.us; john.gallus@leg.state.nh.us; jeb.bradley@leg.state.nh.us; gary.lambert@leg.state.nh.us; amanda.merrill@leg.state.nh.us;
Subject: HB1415
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1415.html
Analysis Stated in Bill: This bill creates a permit for the repair or replacement of certain sewage or waste disposal systems.
Talking Points:
This is a good bill allowing people to replace their household systems without having to wait through the permit process.
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SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.
Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.
Property Owner Position: No Action
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: SB306
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0306.html
Analysis Stated in Bill: This bill makes the application procedure for the property tax exemption for commercial and industrial construction prospective, and permanently extends the authority for the exemption.
Talking Points:
The stated analysis is very accurate. The bill repeals sections which allowed a person constructing a commercial building to apply after starting construction for a tax exemption, and sets a date by which the applicant has to be notifed if he or she receives the exemption.
Although we have not read all of RSA 72, which is the chapter being amended, I believe that this bill only applies to the contruction of commerical properties. As a result, it does not directly impact us, and I recommend that we do not spend our legislative resources on this bill.
However, for those people in the commercial construction business you may want to take a look at how this affects your business.
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SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: SB266
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0266.html
Analysis Stated in Bill: This bill prohibits electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.
Talking Points:
the definition of smart meters in this bill: Smart meter gateway device means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user’s residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user’s residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
It is unclear if a smart meter that only monitors electric useage for billing is covered by this definition. Further, the bill does not prohibit the utility from charging additional fees for people who request that a smart meter not be installed at their home or residence. (Central Maine Power charges additional fees each month, $20?, if a resident refuses to allow a smart meter to be installed. CMP also indicated in the information they provided that the smart meters monitor usage for billing purposes) We also checked with some of our doctors to see if they had any information about the meter being a hazard, and they said they did not have any information showing problem caused by the meter.
We just do not see major pros or cons to this bill that effect us as rental housing owners/managers, unless the meters can actually control appliances, especially heating and hot water systems, which we do not believe occurs. We feel that we should not take any action for or against this bill and concentrate on the bills that have a greater impact on the landlording business.
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SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.
Property Owner Position: No Action
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: SB395
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0395.html
Analysis Stated in Bill: This bill clarifies that land in current use upon which an access road is constructed does not lose its status for current use taxation.
Talking Points:
We have not completed a detailed analysis because this bill effects only undeveloped land. If we were developers, this bill could effect us. However, as owners and operators of existing buildings, we are not effected by the bill.
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SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
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: SB382
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0382.html
Analysis Stated in Bill: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Talking Points:
The amended bill allows proration of real estate taxes on residential buildings containing no more than four units to be prorated if the building is damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
There is a cap in the bill to protect the cities and towns.
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SB222 Time not specified RM 302 LOB
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.
Property Owner Position: Support
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: SB222 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0222.html
Analysis Stated in Bill: This bill makes technical corrections in the laws relating to property and casualty insurance.
This bill is a request of the insurance department.
Talking Points:
We thought that paying insurance agent directly before cancellation date was sufficient and a standard of practice.
Seems like this should be an obvious no brainer.
Why should a property owner have their insurance canceled if they actually paid it to their agent on time?
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HB1263 Time not specified LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.
The amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."
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: HB1263 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1263.html
Analysis Stated in Bill: This bill repeals the requirement that landlords of restricted residential property provide service of process information to the municipality in which the property is located.
Notes: Supported by NHAR
Talking Points:
The intent of the amendment is to overrule the Supreme Court case where the court determined that a landlord could not evict a tenant just because the lease expired. The amendment also gives landlords the ability to evict tenants for rightful termination of a lease or other agreement. This may not have any effect, because to terminate a lease, the tenant must have breached a material provision. Landlords, persuant to RSA 540:2 can already evict a tenant on the grounds of a breach of a material provision of a lease. In a residential situation it is not clear if recission would be something a landlord would want to use. However, in a commercial lease, this maybe an important remedy.
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SB204 Time not specified RM 302 LOB
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/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@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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HB1597 Time not specified LOB 101
Title: relative to taking by eminent domain for certain purposes.
Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.
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: HB1597
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1597.html
Analysis Stated in Bill: This bill grants an owner of real property which was subject to eminent domain whose valuation will be impacted if transmission lines are constructed because of eminent domain the right to be compensated by the owner of the transmission lines for the difference in value.
Talking Points:
There are a number of eminent domain bills this session, all seemingly related to the Northern Pass project. While we may have varying opinions on the project, we can probably all agree to protect individual property rights from being taken by a for-profit business using an eminent domain procedure to force a sell for their private profit.
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