This Legislative Update provided by Nick Norman, RPOA Direct legislative Affairs
Howdee Everyone,
At this point the initial committees have decided on many
of the bills. Some have already “crossed over”(went from House to Senate or
Senate to House).
The House has 398 members listed in the roster. The Senate has 24. Consequently, after cross over Senators are usually swamped with little time to carefully read & analyze the huge volume of bills.
The House has 398 members listed in the roster. The Senate has 24. Consequently, after cross over Senators are usually swamped with little time to carefully read & analyze the huge volume of bills.
Here’s how you can help
Now is a good time to start emailing and calling your senators about HB482 The Bedbug Bill & HB413 Abandonment.
Now is a good time to start emailing and calling your senators about HB482 The Bedbug Bill & HB413 Abandonment.
To find both your Representative & Senator
http://www.gencourt.state.nh.us/house/members/wml.aspx
You can also go to http://www.gencourt.state.nh.us/
& select “Find Your Representatives”
Please email or call your Senator and/or Representative to give them your input on the bills still active & ask your legislator to vote in our favor.
See more info in Summaries & Full Detail for each category further below (includes property owner position, contact info, Talking points, and more).
http://www.gencourt.state.nh.us/house/members/wml.aspx
You can also go to http://www.gencourt.state.nh.us/
& select “Find Your Representatives”
Please email or call your Senator and/or Representative to give them your input on the bills still active & ask your legislator to vote in our favor.
See more info in Summaries & Full Detail for each category further below (includes property owner position, contact info, Talking points, and more).
Note: To jump right to bill detail, use Control-F, Find
This Week’s Hearings:
None scheduled so far
Next week’s Hearings:
Next week’s Hearings:
None scheduled so far
Important Bills still active:
Important Bills still active:
HB413, Abandonment
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
House amended & passed the bill (a win for us).
HB482, The Bedbug Bill
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
House passed the bill (a win for us).
Other bills have decisions, see Bills Updated Status summary below.
Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)
Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Bills Updated Status summary:We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. Its not terribly hard to get but not straight ahead either.
HB211, Service of Process for Commercial Properties
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: IN COMMITTEE
(Crossed over to Senate)
HB235, Enabling Counties to contract for real estate services
Property Owner Position: LimitedImpact, You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
(Crossed over to Senate)
HB543, Ascertaining Damages To Abutting Landowners
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
(Crossed over to Senate)
HB421, Real Estate Brokerage Regulation
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB463, Certification Of Property Managers
Property Owner Position: Against
General Status: In the HOUSE
House Status: Inexpedient to Legislate for Mar 13 (Vote 20-0; CC)
Senate Status: none
HB463, Certification Of Property Managers
Property Owner Position: Against
General Status: In the HOUSE
House Status: Inexpedient to Legislate for Mar 13 (Vote 20-0; CC)
Senate Status: none
==============================================
Full details on all bills above: HB413, Abandonment
01/31/2013 at 02:00 PM LOB 208
Title: making relinquishment or abandonment of leased premises a defense for landlords.
Summary: This bill clarifies conditions that can be used to determine the tenant has abandoned the property. Making abandonment of the premise a defense to an RSA 540-A action against the landlord.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB413
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0413.html
Analysis Stated in Bill: This bill makes relinquishment or abandonment of the premises a defense for landlords in an
action under RSA 540-A.
Talking Points:
Under current law, there is no definition of abandonment. As a result, every time a tenant moves out, a landlord is always subject to a 540-A action (fining landlord) unless the tenant gives notice in writing that the tenant is fully moved out and returns possession to the landlord or the landlord goes through the eviction procedure and has the sheriff serve the writ of possession.
The first part of the bill makes it clear that if all tenants of an apartment sign a document that they relinquish possession that such action is a defense for a 540-A action.
The second part lists various factors that show a tenant has abandoned the leased premises. If a landlord can prove two of these factors, that will be a defense to a 540-A action. These factors are subject to negotiation as we go through the legislative process.
The bill is advantageous to Landlords, Tenant and the Courts. With a clarified standard for abandonment, Landlords will not have to spend the money or time on filing eviction actions, and the tenant will not have an unnecessary eviction on his or her record. This will also reduce the number of cases filed in the badly overburdened courts.
=====================
HB482, The Bedbug Bill
02/07/2013 at 02:30 PM LOB 208
Title: regarding infestation of bed bugs in rental housing.
Summary: This is a good bill because it puts some of the burden of infestation back to the tenant. It allows landlords to evict based on non-payment if the tenant does not pay for extermination if it is determined that the tenant brought them in.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB482
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0482.html
Analysis Stated in Bill: This bill addresses landlord, tenant, and municipality responsibility for bed bug infestations.
Talking Points:
This is one of the most complicated bills that will have a very direct impact on both landlords and tenants.
The first paragraph of the bill, the declaration of purpose, if the bill passes, is a declaration by the legislature that reasonable measures need to be taken to promote prompt and effective mediation of bedbug infestation. This declaration can open the door to lawsuits for failure to take such actions. It is a statement to everyone not to ignore the problem.
The second and third paragraph of the bill incorporates into the state housing code that not taking measures to remediate a bedbug infestation will be a violation of the minimum standards for housing in the state. Communities can enact their own more stringent codes. This section gives building inspectors the power to deal with bedbug infestations the same powers they have to deal with other infestations.
The fourth paragraph, by amending RSA 540-A, WILL ALLOW LANDLORDS TO ENTER APARTMENTS WITHOUT TENANT CONSENT OR NOTICE to formulate a plan or engage in emergency remediation of rodents or insects, including bedbugs, so long as the entry took place within 72 hours of the landlord first receiving notice of the infestation. This paragraph is a major benefit to landlords to start dealing with the problem promptly. If it takes longer than the 72 hours, the current law applies, the landlord must give the tenant reasonable notice under the circumstances and a tenant is barred from prohibiting the landlord from entering.
The fifth paragraph of the bill makes it a violation of RSA 540-A for a landlord willfully, that means the landlord intended, not to investigate a complaint within 7 days and to take reasonable measures to remediate an infestation.
The fifth paragraph also makes it a violation of RSA 540-A for:
the tenant to refuse the landlord access to his or her apartment to make emergency repairs;
the tenant to refuse the landlord to evaluate if bedbugs are present if the landlord received a complaint about an adjacent unit as long as the landlord gave 48 hours notice;
the tenant to willfully fail to comply with written instructions from the landlord or pest control operator to remediate so long as the instructions were given to an adult, someone 18 years or older, and the tenant was given a reasonable opportunity to comply of not less than 72 hours.
This section of the bill makes it clear that a landlord may only enter without the consent of the tenant to make emergency repairs or with a court order.
Paragraph 6 defines infestation of bedbugs as any bedbugs in rented residential property, and remediation as any treatment that substantially reduces the presence of bedbugs for 60 days. NOTE landlords are not required to use a licensed exterminator nor totally eradicate the insects, as this can be very difficult and expensive. These definitions will be in RSA 540 and not in RSA 540-A, although I expect the courts will use these definitions when reading RSA 540-A
Paragraph 6 also makes the landlord responsible for the cost of remediation in the first instance. The landlord can bill the tenant for the cost if the landlord believes the tenant is responsible for the infestation. If the tenant does not pay the landlord within 30 days or enter into an agreement to repay the landlord, such becomes a ground for eviction for non-payment of rent (A seven day notice and a demand for rent is required)
If the landlord tries to evict the tenant or seek damages for the infestation, the landlord bears the burden of proof (by the preponderance of evidence) that the tenant was responsible for infestation and the landlord offered the tenant the opportunity to enter into a payment plan.
However, the bill gives the landlord a rebuttable presumption that if there were no reports of bedbugs in the tenants unit or directly adjacent units or units directly above or below within 6 months then the tenant was responsible for the infestation. Paragraph 6 then goes on to give courts guidance to be used in determining if the tenant was responsible for the infestation or the bedbugs came from another unit or were in the unit at the time the tenant took possession of the apartment or single family house.
Paragraph 7 of the bill adds a new ground for eviction, but on a 30 days notice. That ground is willful failure of the tenant to prepare a unit for remediation after the tenant was given reasonable notice. Keep in mind that although this paragraph requires a 30 days notice, the landlord can seek a court order as noted above pursuant to RSA 540-A. Those orders can be obtained fairly quickly.
Paragraph 7 also makes it clear that the $1,000 fine for the initial violation and the $1,000 per day fine for a violation after a court order set forth in RSA 540-A is issued does not apply when dealing with infestations.
We support this bill. It is a balance between the interests of society, the landlords and the tenants. As landlords we now have a clearly defined responsibility to remediate the bedbugs, but we have the ability to seek financial reimbursement from a tenant who brought the problem into our building. We also gain the ablity to have the courts order the irresponsible tenants to join in the remediation effort or face contempt and/or eviction. The tenants will have means to force the landlords who do not maintain their buildings, the irresponsible landlord, to remediate.
We also support this bill because I fear that someone will propose, if this does not pass, a bill that would not be as balanced, and the landlord would be responsible not only for remediation but all the costs of such. Further, such a bill may not include as a ground for eviction failure of a tenant to cooperate in the remediation effort. WE COULD DO A LOT WORSE AND LET'S NOT TAKE THAT RISK.
=====================
HB211, Service of Process for Commercial Properties
Time not specified SH 100
Title: relative to service of demand for rent and eviction notice.
Summary: The bill clarifies the options that a landlord of commercial property has for serving a commercial tenant with a Demand for Rent and/or Eviction Notice by adding a tenants “registered agent” as an acceptable certified mail recipient of copies of the Demand for Rent and Eviction Notice as required under RSA 540:5.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10
Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB211
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0211.html
Analysis Stated in Bill: This bill provides that in the case of commercial rental property, service of process for
non-resident tenants shall be by certified mail to the tenant’s registered agent, if any, or by
certified mail to the tenant’s last known legal address.
Talking Points:
A. When serving a commercial tenant with a Demand for Rent and/or Eviction notice, the landlord must serve the notice(s) at the subject property and also by certified mail to the last known legal address.
This bill simply includes a registered agent of the tenant as an acceptable addressee to send copies of the notice to by Certified Mail.
B. If a tenant were intentionally being evasive in an effort to avoid an eviction, this change would promote justice for the landlord.
=====================
HB235, Enabling Counties to contract for real estate services
Time not specified LOB 102
Title: allowing counties to contract for professional real estate services for the sale or lease of county property.
Summary: This bill simply gives county commissioners authority and guidelines to retain the services of licensed real estate professionals to sell or lease county real estate.
Property Owner Position: LimitedImpact, You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB235
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0235.html
Analysis Stated in Bill: This bill allows the county commissioners to contract for professional real estate services for
the sale or lease of county property.
Notes: This bill if passed would only have indirect impact on our membership. The county would have to pay commissions, but at the same time, one would expect the county to receive a higher price or rent for the property using a licensed professional.
Talking Points:
none developed so far.
=====================
HB543, Ascertaining Damages To Abutting Landowners
Time not specified LOB 103
Title: relative to ascertaining damages to abutting landowners.
Summary: This bill addresses work being done by a town (what about cities or the state?) in repairing a highway by either raising or lowering the grade, installing ditches or culverts or altering such where the abutting landowner sustains damage.
The bill specifies a notice procedure to the abutters before commencing work.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S16
Email to Committee:
To: peggy.gilmour@leg.state.nh.us; james.rausch@leg.state.nh.us; david.watters@leg.state.nh.us; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB543
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0543.html
Analysis Stated in Bill: This bill establishes a procedure for ascertaining damages to private land when a highway is maintained or repaired in a manner that changes the grade or drainage of the property, including changes in drainage structures such as culverts or ditches.
Talking Points:
The bill is a substantial change from current law in specifying a notice procedure to the abutters before the work is to be commenced, except in emergency procedures, and allowing the abutter to challenge the work. Notice is required 30 days before the work is to be commenced and at least 15 days before the work when the abutter can be heard by the selectmen. This is not required if all the work is being done within the highway right of way.
If the owner is not satisfied with the decision of the selectmen, the owner then has the right to appeal to the superior court.
For those of us with property in downtown locations this bill will not have any major impact on us. For anyone with property in more rural locations, this bill may help as it is much clearer than existing law.
=====================
HB421, Real Estate Brokerage Regulation
02/19/2013 at 10:00 AM LOB 306
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB421
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.
Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.
The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
HB463, Certification Of Property Managers
02/19/2013 at 10:30 AM LOB 306
Title: requiring property managers to be certified.
Summary: This bill requires that a person employed by an association of unit owners, basically a condo association, be currently certified by the Community Associations Institute. If such a person is not certified, that person is guilty of a violation, meaning that person can be fined in criminal court.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB463
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0463.html
Analysis Stated in Bill: This bill requires property managers for associations of unit owners of real property to be certified as qualified by the national Community Associations Institute.
Talking Points:
The bill does not directly impact landlords, but if condo managers have to be certified, will the state require property managers to be certified, even if the property manager of an apartment complex is a direct employee of the owners of the apartment complex?
We recommend writing committee members to express concerns about the bill - who is the institute?, does certification really protect the assets of the unit owners?, there is no bonding requirements to handle money?, and anything else anyone can think of.
If this more directly affects you please attend hearings as well.
Of course as a general rule we are against more regulation.
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
House amended & passed the bill (a win for us).
HB482, The Bedbug Bill
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For
House passed the bill (a win for us).
Other bills have decisions, see Bills Updated Status summary below.
Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)
Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Bills Updated Status summary:We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. Its not terribly hard to get but not straight ahead either.
HB211, Service of Process for Commercial Properties
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: IN COMMITTEE
(Crossed over to Senate)
HB235, Enabling Counties to contract for real estate services
Property Owner Position: LimitedImpact, You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
(Crossed over to Senate)
HB543, Ascertaining Damages To Abutting Landowners
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
(Crossed over to Senate)
HB421, Real Estate Brokerage Regulation
Property Owner Position: LimitedImpact; You Decide
General Status: In the HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB463, Certification Of Property Managers
Property Owner Position: Against
General Status: In the HOUSE
House Status: Inexpedient to Legislate for Mar 13 (Vote 20-0; CC)
Senate Status: none
HB463, Certification Of Property Managers
Property Owner Position: Against
General Status: In the HOUSE
House Status: Inexpedient to Legislate for Mar 13 (Vote 20-0; CC)
Senate Status: none
==============================================
Full details on all bills above: HB413, Abandonment
01/31/2013 at 02:00 PM LOB 208
Title: making relinquishment or abandonment of leased premises a defense for landlords.
Summary: This bill clarifies conditions that can be used to determine the tenant has abandoned the property. Making abandonment of the premise a defense to an RSA 540-A action against the landlord.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB413
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0413.html
Analysis Stated in Bill: This bill makes relinquishment or abandonment of the premises a defense for landlords in an
action under RSA 540-A.
Talking Points:
Under current law, there is no definition of abandonment. As a result, every time a tenant moves out, a landlord is always subject to a 540-A action (fining landlord) unless the tenant gives notice in writing that the tenant is fully moved out and returns possession to the landlord or the landlord goes through the eviction procedure and has the sheriff serve the writ of possession.
The first part of the bill makes it clear that if all tenants of an apartment sign a document that they relinquish possession that such action is a defense for a 540-A action.
The second part lists various factors that show a tenant has abandoned the leased premises. If a landlord can prove two of these factors, that will be a defense to a 540-A action. These factors are subject to negotiation as we go through the legislative process.
The bill is advantageous to Landlords, Tenant and the Courts. With a clarified standard for abandonment, Landlords will not have to spend the money or time on filing eviction actions, and the tenant will not have an unnecessary eviction on his or her record. This will also reduce the number of cases filed in the badly overburdened courts.
=====================
HB482, The Bedbug Bill
02/07/2013 at 02:30 PM LOB 208
Title: regarding infestation of bed bugs in rental housing.
Summary: This is a good bill because it puts some of the burden of infestation back to the tenant. It allows landlords to evict based on non-payment if the tenant does not pay for extermination if it is determined that the tenant brought them in.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB482
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0482.html
Analysis Stated in Bill: This bill addresses landlord, tenant, and municipality responsibility for bed bug infestations.
Talking Points:
This is one of the most complicated bills that will have a very direct impact on both landlords and tenants.
The first paragraph of the bill, the declaration of purpose, if the bill passes, is a declaration by the legislature that reasonable measures need to be taken to promote prompt and effective mediation of bedbug infestation. This declaration can open the door to lawsuits for failure to take such actions. It is a statement to everyone not to ignore the problem.
The second and third paragraph of the bill incorporates into the state housing code that not taking measures to remediate a bedbug infestation will be a violation of the minimum standards for housing in the state. Communities can enact their own more stringent codes. This section gives building inspectors the power to deal with bedbug infestations the same powers they have to deal with other infestations.
The fourth paragraph, by amending RSA 540-A, WILL ALLOW LANDLORDS TO ENTER APARTMENTS WITHOUT TENANT CONSENT OR NOTICE to formulate a plan or engage in emergency remediation of rodents or insects, including bedbugs, so long as the entry took place within 72 hours of the landlord first receiving notice of the infestation. This paragraph is a major benefit to landlords to start dealing with the problem promptly. If it takes longer than the 72 hours, the current law applies, the landlord must give the tenant reasonable notice under the circumstances and a tenant is barred from prohibiting the landlord from entering.
The fifth paragraph of the bill makes it a violation of RSA 540-A for a landlord willfully, that means the landlord intended, not to investigate a complaint within 7 days and to take reasonable measures to remediate an infestation.
The fifth paragraph also makes it a violation of RSA 540-A for:
the tenant to refuse the landlord access to his or her apartment to make emergency repairs;
the tenant to refuse the landlord to evaluate if bedbugs are present if the landlord received a complaint about an adjacent unit as long as the landlord gave 48 hours notice;
the tenant to willfully fail to comply with written instructions from the landlord or pest control operator to remediate so long as the instructions were given to an adult, someone 18 years or older, and the tenant was given a reasonable opportunity to comply of not less than 72 hours.
This section of the bill makes it clear that a landlord may only enter without the consent of the tenant to make emergency repairs or with a court order.
Paragraph 6 defines infestation of bedbugs as any bedbugs in rented residential property, and remediation as any treatment that substantially reduces the presence of bedbugs for 60 days. NOTE landlords are not required to use a licensed exterminator nor totally eradicate the insects, as this can be very difficult and expensive. These definitions will be in RSA 540 and not in RSA 540-A, although I expect the courts will use these definitions when reading RSA 540-A
Paragraph 6 also makes the landlord responsible for the cost of remediation in the first instance. The landlord can bill the tenant for the cost if the landlord believes the tenant is responsible for the infestation. If the tenant does not pay the landlord within 30 days or enter into an agreement to repay the landlord, such becomes a ground for eviction for non-payment of rent (A seven day notice and a demand for rent is required)
If the landlord tries to evict the tenant or seek damages for the infestation, the landlord bears the burden of proof (by the preponderance of evidence) that the tenant was responsible for infestation and the landlord offered the tenant the opportunity to enter into a payment plan.
However, the bill gives the landlord a rebuttable presumption that if there were no reports of bedbugs in the tenants unit or directly adjacent units or units directly above or below within 6 months then the tenant was responsible for the infestation. Paragraph 6 then goes on to give courts guidance to be used in determining if the tenant was responsible for the infestation or the bedbugs came from another unit or were in the unit at the time the tenant took possession of the apartment or single family house.
Paragraph 7 of the bill adds a new ground for eviction, but on a 30 days notice. That ground is willful failure of the tenant to prepare a unit for remediation after the tenant was given reasonable notice. Keep in mind that although this paragraph requires a 30 days notice, the landlord can seek a court order as noted above pursuant to RSA 540-A. Those orders can be obtained fairly quickly.
Paragraph 7 also makes it clear that the $1,000 fine for the initial violation and the $1,000 per day fine for a violation after a court order set forth in RSA 540-A is issued does not apply when dealing with infestations.
We support this bill. It is a balance between the interests of society, the landlords and the tenants. As landlords we now have a clearly defined responsibility to remediate the bedbugs, but we have the ability to seek financial reimbursement from a tenant who brought the problem into our building. We also gain the ablity to have the courts order the irresponsible tenants to join in the remediation effort or face contempt and/or eviction. The tenants will have means to force the landlords who do not maintain their buildings, the irresponsible landlord, to remediate.
We also support this bill because I fear that someone will propose, if this does not pass, a bill that would not be as balanced, and the landlord would be responsible not only for remediation but all the costs of such. Further, such a bill may not include as a ground for eviction failure of a tenant to cooperate in the remediation effort. WE COULD DO A LOT WORSE AND LET'S NOT TAKE THAT RISK.
=====================
HB211, Service of Process for Commercial Properties
Time not specified SH 100
Title: relative to service of demand for rent and eviction notice.
Summary: The bill clarifies the options that a landlord of commercial property has for serving a commercial tenant with a Demand for Rent and/or Eviction Notice by adding a tenants “registered agent” as an acceptable certified mail recipient of copies of the Demand for Rent and Eviction Notice as required under RSA 540:5.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10
Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB211
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0211.html
Analysis Stated in Bill: This bill provides that in the case of commercial rental property, service of process for
non-resident tenants shall be by certified mail to the tenant’s registered agent, if any, or by
certified mail to the tenant’s last known legal address.
Talking Points:
A. When serving a commercial tenant with a Demand for Rent and/or Eviction notice, the landlord must serve the notice(s) at the subject property and also by certified mail to the last known legal address.
This bill simply includes a registered agent of the tenant as an acceptable addressee to send copies of the notice to by Certified Mail.
B. If a tenant were intentionally being evasive in an effort to avoid an eviction, this change would promote justice for the landlord.
=====================
HB235, Enabling Counties to contract for real estate services
Time not specified LOB 102
Title: allowing counties to contract for professional real estate services for the sale or lease of county property.
Summary: This bill simply gives county commissioners authority and guidelines to retain the services of licensed real estate professionals to sell or lease county real estate.
Property Owner Position: LimitedImpact, You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB235
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0235.html
Analysis Stated in Bill: This bill allows the county commissioners to contract for professional real estate services for
the sale or lease of county property.
Notes: This bill if passed would only have indirect impact on our membership. The county would have to pay commissions, but at the same time, one would expect the county to receive a higher price or rent for the property using a licensed professional.
Talking Points:
none developed so far.
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HB543, Ascertaining Damages To Abutting Landowners
Time not specified LOB 103
Title: relative to ascertaining damages to abutting landowners.
Summary: This bill addresses work being done by a town (what about cities or the state?) in repairing a highway by either raising or lowering the grade, installing ditches or culverts or altering such where the abutting landowner sustains damage.
The bill specifies a notice procedure to the abutters before commencing work.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S16
Email to Committee:
To: peggy.gilmour@leg.state.nh.us; james.rausch@leg.state.nh.us; david.watters@leg.state.nh.us; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB543
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0543.html
Analysis Stated in Bill: This bill establishes a procedure for ascertaining damages to private land when a highway is maintained or repaired in a manner that changes the grade or drainage of the property, including changes in drainage structures such as culverts or ditches.
Talking Points:
The bill is a substantial change from current law in specifying a notice procedure to the abutters before the work is to be commenced, except in emergency procedures, and allowing the abutter to challenge the work. Notice is required 30 days before the work is to be commenced and at least 15 days before the work when the abutter can be heard by the selectmen. This is not required if all the work is being done within the highway right of way.
If the owner is not satisfied with the decision of the selectmen, the owner then has the right to appeal to the superior court.
For those of us with property in downtown locations this bill will not have any major impact on us. For anyone with property in more rural locations, this bill may help as it is much clearer than existing law.
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HB421, Real Estate Brokerage Regulation
02/19/2013 at 10:00 AM LOB 306
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB421
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.
Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.
The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
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HB463, Certification Of Property Managers
02/19/2013 at 10:30 AM LOB 306
Title: requiring property managers to be certified.
Summary: This bill requires that a person employed by an association of unit owners, basically a condo association, be currently certified by the Community Associations Institute. If such a person is not certified, that person is guilty of a violation, meaning that person can be fined in criminal court.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB463
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0463.html
Analysis Stated in Bill: This bill requires property managers for associations of unit owners of real property to be certified as qualified by the national Community Associations Institute.
Talking Points:
The bill does not directly impact landlords, but if condo managers have to be certified, will the state require property managers to be certified, even if the property manager of an apartment complex is a direct employee of the owners of the apartment complex?
We recommend writing committee members to express concerns about the bill - who is the institute?, does certification really protect the assets of the unit owners?, there is no bonding requirements to handle money?, and anything else anyone can think of.
If this more directly affects you please attend hearings as well.
Of course as a general rule we are against more regulation.
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