This Legislative Update is provided by Nick Norman, RPOA
Director of Legislative Affairs
=======
Howdee everyone,
A
few bills this week have decisions or reports filed.
HB413, Abandonment,
has been voted “Ought to Pass” by the Senate Judiciary Committee and will now
make its way to the Senate floor.
Please
contact the your Senator and ask them to vote in favor of the bill as
amended.
HB482, The Bedbug Bill, is still making its way to the
governor.
If you have not done so yet, please
contact the governor’s office & ask her to vote in favor of the
bill. The 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
get much more info on HB413 & HB482:
See
more info in Summaries & Full Detail for each category further below.
(includes property owner position, committee contact info, talking points, and
more).(to jump right to bill detail, use Control-F,
Find).
This week:None
scheduled so far
Next
week:None scheduled so far
Decisions/Updated Status: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)
==============================================
To find
both your Representative & Senator goto
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”
==============================================
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:
PASSED
House Status: PASSED / ADOPTED
Senate Status: PASSED /
ADOPTED
HB413, Abandonment
Property Owner Position: For
General
Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate
Status: Ought to Pass Amended
HB118, immunity from criminal prosecution
for seeking medical assistance with an emergency drug or alcohol
overdose
Property Owner Position: For
General Status: In the
SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status:
REREFERRED
HB630, Repeal The New Hampshire Greenhouse Gas
Initiative
Property Owner Position: You Decide
General Status: In the
SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT
FILED
==============================================
Full details on all bills above:HB211,
Service of Process for Commercial Properties
03/19/2013 at 09:00 AM 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
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.
=====================
HB413, Abandonment
03/19/2013 at 09:15
AM SH 100
Title: (New Title) relative to property abandoned by
tenants.
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/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: 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
=====================
HB118, immunity from criminal prosecution for
seeking medical assistance with an emergency drug or alcohol
overdose
03/26/2013 at 09:00 AM SH 100
Title: (New Title) providing
immunity from criminal prosecution for seeking medical assistance with an
emergency drug or alcohol overdose event.
Summary:
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: HB118
Link to Bill Text:
http://www.gencourt.state.nh.us/legislation/2013/HB0118.html
Analysis Stated
in Bill:
Notes:
from David Cline; This bill gives civil and criminal
immunity to any person who in good faith places a 911 call to report " a
suspected drug or alcohol related emergency" This maybe a bill we want to
support. Tenant do stupid things, and if we, as the landlord either have another
tenant call 911, or one of us calls 911, to report a drug or alcohol emergency,
it would be nice to have some immunity. Joel Winters is a sponsor. The trouble
is that it is scheduled for 11:00 and I can not be there that
early.
Recommend we support the bill, even by emails after the
hearing.
Talking Points:
=====================
HB482, The Bedbug
Bill
04/02/2013 at 10:15 AM LOB 103
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:
Email to Committee:
To:
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.
=====================
HB630, Repeal The New Hampshire Greenhouse Gas
Initiative
04/17/2013 at 09:15 AM LOB 101
Title: (New Title) relative
to the use of proceeds from the regional greenhouse gas initiative
program.
Summary: This is a complex bill dealing with the regulation of
the discharge of pollutants into the air. The first provision would remove state
wide caps on sulfur dioxide and oxides of nitrogen emissions. The bill then goes
on to repeal the greenhouse gas initiative.
We spoke with the sponsor and
he seems to be a common sense business person.
The Green House Gas
Initiative, GHGI, is already in place in NH. Utilities companies charge extra
fees on their utility bills. On PSNH bills the System Benefits Charge (3%-4% of
total bill) goes to support GHGI.
Those monies that come from the GHGI mosty
support large politically correct industries but not necessarily investments
that make good business sense. Also, GHGI monies rarely go to the small
companies and individuals which is make up most of the NH business
landscape.
We believe in the long run it drives up costs and drives away
businesses.
The sponsor of the bill would like to see the GHGI eliminated but
that is unlikely in this administration. So the bill will atte
Property
Owner Position: You Decide
Link to Committee Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email
to Committee:
To: martha.fullerclark@leg.state.nh.us;
bob.odell@leg.state.nh.us; represcott@represcott.com;
Jeff.Woodburn@leg.state.nh.us; jeb.bradley@leg.state.nh.us;
Subject: HB630
Link to Bill Text:
http://www.gencourt.state.nh.us/legislation/2013/HB0630.html
Analysis Stated
in Bill: This bill repeals the New Hampshire regional greenhouse gas initiative
program.
Talking Points:
Some of our membership make reference to
legislation in the name of environmental causes that actually push socialist
agendas.
In order to really understand the bill, it would take hours, and
expertise that we just do not have. If you follow this kind of thing please let
us know your
thoughts.
===========================================================
