This
Legislative update is provided courtesy of the RPOA, Nick Norman, Director of
Legislative Affairs
This
update contains:
- Requests for members to contact elected officials with
their input
- Summaries of victories and setbacks
- Summaries of other bills decided
- Summaries of all currently active bills
Full
details are provided below on all currently active including talking points and
much more.
Contact Elected Officials
Bills to be voted on by Senate then if passed sent to
Governor (Please contact your Senators and ask them to vote in our favor):
HB514 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
HB1298 Title: relative to the definition of "public use" under the
eminent domain procedure act.
Summary: The bill limits the use of eminent domain takings by for-profit
participant funded transmission lines not needed for system reliability.
Property Owner Position: Support
HB1415
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 to 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
HB1263 Title: (New Title) relative to the termination of tenancy and
repealing the requirement that landlords of restricted residential property
provide service of process information.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Majority Report: Ought to Pass Amended
Bills to be voted on by House then if passed sent to Governor (Please
contact your Representatives and ask them to vote in our favor):
SB342 Title: (New Title) relative to the inclusion of requirements for log
structures in the state building code.
SB266 Title: prohibiting electric utilities from installing and maintaining
smart meter gateway devices without the residential or business property
owner's consent.
SB395 Title: relative to construction of an access road on land in current use.
SB382 Title: (New Title) allowing for proration of property assessments for
damaged buildings.
At this point the committees have decided on all of the bills; however,
please email or call your Senator, Representative or the governor’s office to
give them your input on the bills still active & ask your legislator to
vote in our favor and ask the governor to approve or veto in our favor.
(property owner position in the detail below).
Contacting
Your Elected Officials
Governor's
office is 271-2121
You can e-mail the governor by going to the following website:
http://www4.egov.nh.gov/governor/goveforms/comments.asp
To find both your Representative & Senator go to
http://www.gencourt.state.nh.us/house/members/wml.aspx
This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”
For complete details for each category are listed below.
Bills still active:
None
Based on the results immediately below, we have 4 victories and 2 new setbacks
(in Bills with both a Victory and a Setback). Thank you for any part you have
done.
Victories:
SB364
Title: relative to tenant guest practices.
SB382 Title: (New Title) allowing for proration of property assessments for
damaged buildings.
SB222
Title: (New Title) relative to property and casualty insurance, insurance
investigations, and insurance certificates.
See NH
Landlord News for complete details.
Setbacks:
None
Bills with both a Victory and a Setback:
SB301
Title: (New Title) relative to the amendment of pleadings in landlord-tenant
actions.
HB1597
Title: relative to taking by eminent domain for certain purposes.
Other bills decided:
SB342
Title: (New Title) relative to the inclusion of requirements for log structures
in the state building code.
SB306 Title: relative to the commercial and industrial construction property
tax exemption
SB266 Title: prohibiting electric utilities from installing and maintaining
smart meter gateway devices without the residential or business property
owner's consent.
SB395
Title: relative to construction of an access road on land in current use.
SB382 Title: (New Title) allowing for proration of property assessments for
damaged buildings.
Bills Signed by Governor:
HB1618 Title: (New Title) relative to types of community living facilities.
Bills Vetoed by Governor:
None
This week:
None
Next week:
None
Bills on way to Governor:
HB247 Title: relative to seller financing of mortgages and making changes
to the laws regulating mortgage bankers and brokers and debt adjustment
services.
SB222 Title: (New Title) relative to property and casualty insurance, insurance
investigations, and insurance certificates.
SB204 Title: adopting amendments to Article 9 of the Uniform Commercial Code
relative to secured transactions.
==============================================
Victories summary:
SB364 Title: relative to tenant guest practices.
Property Owner Position: Oppose
House Status: none
Senate Status: INEXPEDIENT TO LEGISLATE
SB382 Title: (New Title) allowing for proration of property assessments for
damaged buildings.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB222 Title: (New Title) relative to property and casualty insurance, insurance
investigations, and insurance certificates.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
==============================================
Setbacks summary:
==============================================
Bills with both a Victory and a Setback summary:
SB301 Title: (New Title) relative to the amendment of pleadings in
landlord-tenant actions.
Property Owner Position: Support
House Status: Majority Report: Inexpedient to Legislate
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1597 Title: relative to taking by eminent domain for certain purposes.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: Majority Report: Inexpedient to Legislate
==============================================
Other bills decided summary:
SB342 Title: (New Title) relative to the inclusion of requirements for log
structures in the state building code.
Property Owner Position: No Action
House Status: Majority Report: Ought to Pass
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB266 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
House Status: Majority Report: Ought to Pass
Minority Report: Inexpedient to Legislate
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB395 Title: relative to construction of an access road on land in current use.
Property Owner Position: No Action
House Status: Majority Report: Ought to Pass
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB204 Title: adopting amendments to Article 9 of the Uniform Commercial Code
relative to secured transactions.
Property Owner Position: No Action
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
==============================================
Bills Signed by Governor summary:
HB1618 Title: (New Title) relative to types of community living facilities.
Property Owner Position: No Action
==============================================
Bills Vetoed by Governor summary:
==============================================
All Bills Still Active summary:
HB247 03/27/2012 at 09:25 AM LOB 102
Title: relative to seller financing of mortgages and making changes to the laws
regulating mortgage bankers and brokers and debt adjustment services.
Summary: This bill continues to limit any non-licensed affiliate to the same
restriction of <=3 mortgage orginations in a 12 month period as sellers have
under the "Safe Act".
Property Owner Position: 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
...
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
...
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
...
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
...
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
...
SB222 04/24/2012 at 10:15 AM LOB 302
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
...
HB1263 05/10/2012 at 01:15 PM 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.
HB1263 was amended by the house then later amended again by the Senate
committee.
The House 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."
In short, the house version allows for an eviction when a lease expires or is
terminated and abolishes the requirement that owners of restricted housing
register with the town clerks.
The senate version amends RSA 540:2 by giving as a grounds for eviction the
expiration or rightful termination of the lease or other agreement of tenancy
or recission of any such lease or agreement that was entered into after January
1, 2013.
Therefore, any leases entered into prior to January 1, 2013 are not subject to
this new provision if it becomes law.
The second major difference with the senate version is that owners of
restricted properties will still have to give service of process information to
the town or city clerks if the local municipality votes to require such. The
bill also is enabling legislation for the municipalities to adopt bylaws and
ordinances in order to require the landlords to provide service of process
information.
The senate bill brings to mind the old saying of not throwing the baby out with
the bath water. The baby is adding the additional ground for eviction, overturning
the state supreme court's ruling that the end of a lease, in and of itself, is
not grounds for eviction. The bath water is the second section, which, in our
opinion does not remove the requirement of providing service of process
information. We expect that most of the larger municipalities will adopt
ordinances to require that service of process information be provided. Since
the majority of our apartments are in such communities, we expect that most of
our membership will still be required to provide the information.
Our thought is we should take the baby even with the dirty bath water, as
gaining the termination of a lease as a ground for eviction can be very useful.
Even as amended, we should support the bill by writing and calling senators.
Property Owner Position: Support
...
SB204 04/24/2012 at 02:15 PM LOB 302
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
...
==============================================
Full details on all bills Still Active:
HB247 03/27/2012 at 09:25 AM LOB 102
Title: relative to seller financing of mortgages and making changes to the laws
regulating mortgage bankers and brokers and debt adjustment services.
Summary: This bill continues to limit any non-licensed affiliate to the same
restriction of <=3 mortgage orginations in a 12 month period as sellers have
under the "Safe Act".
Property Owner Position: Support
Link to Committee Info:
Email to Committee:
To:
Subject: HB247
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0247.html
Analysis Stated in Bill: This bill adds exemptions to the licensure law
regarding mortgage bankers and brokers for persons who negotiate no more than 3
or fewer residential mortgage loans in a calendar year.
Talking Points:
As many of you know relative to the “Safe Act” a seller is limited to <=3
owner finances in a 12 month period. This bill continues to limit any
non-licensed affiliate with a similar restriction including that they utilize a
licensed mortgage originator.
This bill is complex and also makes changes for people doing mortgage loan
modification.
If you think any of this may affect you please do more research and contact
your legislators.
Since a few of our members do use private financing, I suggest we support 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:
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.
=====================
HB1298 03/29/2012 at 01:30 PM LOB 101
Title: relative to the definition of "public use" under the eminent
domain procedure act.
Summary: The bill limits the use of eminent domain takings by for-profit participant
funded transmission lines not needed for system reliability.
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: HB1298
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1298.html
Analysis Stated in Bill: This bill clarifies the definition of “public use” for
purposes of eminent domain.
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.
=====================
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.
=====================
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 to 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.
Notes: The new amendment (4/13/12) changes one exemption for replacing with an
in kind sewerage disposal to one that is in strick accordance with the
previously approved plan.
Although the prior bill is a bit better, especially if new technology can be
incorporated into a replacement system, we should support the bill because it
helps speed up permitting and reduces costs to home owners who have a failed
system.
Talking Points:
This is a good bill allowing people to replace their household systems without
having to wait through the permit process. it does save both homeowners money
and possibly the state money by reducing the paperwork in a replacement of a
septic system approval.
=====================
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.
=====================
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.
=====================
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.
=====================
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.
=====================
SB222 04/24/2012 at 10:15 AM LOB 302
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:
Email to Committee:
To:
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?
=====================
HB1263 05/10/2012 at 01:15 PM 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.
HB1263 was amended by the house then later amended again by the Senate
committee.
The House 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."
In short, the house version allows for an eviction when a lease expires or is
terminated and abolishes the requirement that owners of restricted housing
register with the town clerks.
The senate version amends RSA 540:2 by giving as a grounds for eviction the
expiration or rightful termination of the lease or other agreement of tenancy
or recission of any such lease or agreement that was entered into after January
1, 2013.
Therefore, any leases entered into prior to January 1, 2013 are not subject to
this new provision if it becomes law.
The second major difference with the senate version is that owners of
restricted properties will still have to give service of process information to
the town or city clerks if the local municipality votes to require such. The
bill also is enabling legislation for the municipalities to adopt bylaws and
ordinances in order to require the landlords to provide service of process
information.
The senate bill brings to mind the old saying of not throwing the baby out with
the bath water. The baby is adding the additional ground for eviction,
overturning the state supreme court's ruling that the end of a lease, in and of
itself, is not grounds for eviction. The bath water is the second section,
which, in our opinion does not remove the requirement of providing service of
process information. We expect that most of the larger municipalities will
adopt ordinances to require that service of process information be provided.
Since the majority of our apartments are in such communities, we expect that
most of our membership will still be required to provide the information.
Our thought is we should take the baby even with the dirty bath water, as
gaining the termination of a lease as a ground for eviction can be very useful.
Even as amended, we should support the bill by writing and calling senators.
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.
=====================
SB204 04/24/2012 at 02:15 PM LOB 302
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:
Email to Committee:
To:
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.
=====================
HB1597 05/10/2012 at 01:35 PM 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.
