Legislative Update - Landlord/Tenant Bills - Please attend hearings this week

THIS LEGISLATIVE UPDATE IS PROVIDED TO NH LANDLORDS BY NICK NORMAN, DIRECTOR OF LANDLORD LEGISLATIVE AFFAIRS

 

howdee Everyone,

 

Here we go.  As normal there is a flood of new bills hitting the legislature and our tracking system. So far this year there have been 985 bill requests.  We are whittling that down to the ones of interest to us and will keep you informed as we have for the past several years.  Please contact us to be on the official email list and to assist volunteering in this critical initiative.

Here are key points in this legislative update.

 

1. Bills being heard this week.

01/20/2015 at 01:00 PM    LOB 208 HB172, Small Claims Study Commission

01/20/2015 at 01:30 PM    LOB 208 HB203, Representation Landlord/Tenant Court

01/21/2015 at 09:00 AM    LOB 102 SB15,

01/21/2015 at 01:30 PM    LOB 302 HB175,

01/21/2015 at 02:00 PM    LOB 302 HB159,

01/22/2015 at 10:00 AM    Representatives Hall  HB208

2.     Listing of the major bills we have identified so far (see below).

3.     New wave of lead law. (mentioned in past update)

4.     Request for your help. (15 minutes per week during busy time.  Really that’s all we need.)

Action items:

1.     Review hearing schedule and show up & attend hearing and call email legislators for

2.     Glance through list of major bills so you know what’s coming.

3.     Please review the  lead law bill language (See below) and give us your thoughts at nicknorman@yahoo.com so we can bring it to the stakeholders.

4.     Please contact Nick Norman at nicknorman@yahoo.com and reconfirm you will help out and pick up a job assignment.  We need your help now.

 The flood of bills happens fast in the beginning so we do not necessarily yet have a full analysis of each bill.  And we are still working on it.

 

Note: Regarding HB172 Small Claims Study Commission

We recently (January 2015)learned that there has already been a study committee and a good amount of attention on small claims that has resulted in a new set of rules for small claims being adopted.  Because of this we plan to withdraw the bill to allow time to see the impact on the new Small Claims rules going into effect.  We fully realize that Small Claims has issues for landlords and will likely come back to this issue next year or the year after.

 Note: No landlord/tenant bill hearings yet scheduled after 1/21/2015

 2. Listing of the major bills we have identified so far.

HB203, Representation Landlord/Tenant Court

HB269 allowing a landlord to collect first and last month's rent in addition to a security deposit.

HB309 permitting landlords to remove tenant property in certain circumstances, including towing of cars.

HB315 relative to termination of tenancy including allowing a few more categories for 7 day eviction notice.

 

3. New wave of lead law. (mentioned in past update)

(This bill will have several provisions that are favorable to landlords.  Stay tuned for more analysis soon).

Attached is bill language for the initial wave of new lead paint law.  I have been to several meetings with the stakeholders & I can say the leader has been very supportive to hearing changes and actually making changes to support landlord concerns.

The largest change was to postpone the Essential Maintenance Program portion of this bill and rather put it to a task force that can study the issue and involve landlord input over the next year.

 

4. Request for your help.

Legislative season is now in play.  We are reviewing legislative proposals and preparing for the onslaught of legislative hearings and bills.

Several of you have committed to join us in the volunteer effort that invokes “many hands make light work”.  We organize out job assignments that are about 15 to 30 minutes per week.  Then we collect back the work and put it together to make the updates and coordinated initiative that you have seen in the past 2+ years.

 

Nick Norman, Director of Legislative Affairs

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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.  It’s not terribly hard to get but not straight ahead either.

 

HB172    

Title: establishing a commission to study the operations of small claims court.

Property Owner Position: Withdraw the bill

House Status: IN COMMITTEE

Senate Status: none

 

HB203    

Title: relative to the unauthorized practice of law.

Property Owner Position: For

House Status: IN COMMITTEE

Senate Status: none

 

SB15    

Title: requiring owners of companion animals to leash such animals in the presence of a service dog.

Property Owner Position: You Decide

House Status: none

Senate Status: IN COMMITTEE

 

HB175    

Title: establishing a committee to study removing the department of justice from the financial approval process for residential condominium and housing subdivisions.

Property Owner Position: Limited Impact; You Decide

House Status: IN COMMITTEE

Senate Status: none

 

HB172    

Title: establishing a commission to study the operations of small claims court.

Property Owner Position: Withdraw the bill

House Status: IN COMMITTEE

Senate Status: none

 

HB203    

Title: relative to the unauthorized practice of law.

Property Owner Position: For

House Status: IN COMMITTEE

Senate Status: none

 

SB15    

Title: requiring owners of companion animals to leash such animals in the presence of a service dog.

Property Owner Position: scd

House Status: none

Senate Status: IN COMMITTEE

 

HB175    

Title: establishing a committee to study removing the department of justice from the financial approval process for residential condominium and housing subdivisions.

Property Owner Position: Limited Impact; You Decide

House Status: IN COMMITTEE

Senate Status: none

 

HB159    

Title: repealing the committee to study the laws relating to condominium and homeowners' associations.

Property Owner Position: Limited Impact; You Decide

House Status: IN COMMITTEE

Senate Status: none

 

HB208    

Title: repealing the New Hampshire regional greenhouse gas initiative program.

Property Owner Position: Limited Impact; You Decide

House Status: IN COMMITTEE

Senate Status: none

 

HB269    

Title: allowing a landlord to collect first and last month's rent in addition to a security deposit.

Property Owner Position: For

House Status: IN COMMITTEE

Senate Status: none

 

HB309    

Title: permitting landlords to remove tenants' property in certain circumstances.

Property Owner Position: For

House Status: IN COMMITTEE

Senate Status: none

 

HB315    

Title: relative to termination of tenancy.

Property Owner Position: For

House Status: IN COMMITTEE

Senate Status: none

==============================================

Details to Bills Listed Above

HB172, Small Claims Study Commission

01/20/2015 at 01:00 PM    LOB 208

Title: Title: establishing a commission to study the operations of small claims court.

 Summary: Establish a commission to study effectiveness of small claims collection

 Property Owner Position: Withdraw the bill

 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: HB172

 

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0172.html

Analysis Stated in Bill:

 

Talking Points:

We recently (January 2015)learned that there has already been a study committee and a good amount of attention on small claims that has resulted in a new set of rules for small claims being adopted.  Because of this we plan to withdraw the bill to allow time to see the impact on the new Small Claims rules going into effect.  We fully realize that Small Claims has issues for landlords and will likely come back to this issue next year or the year after.

=====================

HB203, Representation Landlord/Tenant Court

01/20/2015 at 01:30 PM    LOB 208

Title: Title: relative to the unauthorized practice of law.

 

Summary: This bill expands the number of landlords who can represent themselves in the circuit court in eviction cases and in small claims cases.

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: HB203

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0203.html

Analysis Stated in Bill: This bill allows certain persons who are not authorized to practice law to represent a trust that owns the premises on matters in the circuit court of New Hampshire on landlord tenant issues.

 

Talking Points:

Prior to last year’s enactment of RSA 540:30, landlords who owned rental property in their own names, and not in a corporation, LLC, Trust or any other entity, could always represent themselves in evictions.  Any other landlord could only represent the legal entity three times per year.

 With the enactment of last years HB590, a landlord who owns a building titled in a corporation, LLC or a partnership, upon filing the appropriate affidavits, can represent the entity in eviction proceedings.  However, if the building is owned by a trust, or the building is operated by a property manager, the three times a year rule applies.  Further, RSA 540:30 does not include small claims actions where the subject of the law suit is a landlord/tenant dispute.

 HB 203, if enacted, would allow trustees to represent the trust in eviction actions.  It would also permit property managers to represent the owners of buildings in eviction actions.  The affidavit requirements would apply to trustees and property managers. In addition, if the bill is enacted, landlords who hold buildings in corporations, LLCs, partnerships, all with five or less members and property managers can represent the building owners in small claims cases where the subject of the suit is a landlord tenant dispute.

 With many people transferring their properties into trusts, and hiring property managers, this bill would simply put these landlords in the same position as the landlords who have their buildings in 5 or less member LLCs, corporations, or partnerships.  It would save the expensive cost of hiring an attorney for a relatively straight forward matter, especially with non-payment of rent cases.  Cases may even move faster without professional litigators involved.  The same holds true for small claims actions, which in landlord tenant matters are either for unpaid rent or damages.

This bill was proposed by the Rental Property Owners Association, and is sponsored by one of our members who is a legislator. We are very much for this bill and ask all landlords to call and email legislators.  Further we need as many people as possible to attend the committee hearings on the bill.

=====================

SB15,

01/21/2015 at 09:00 AM    LOB 102

Title: Title: requiring owners of companion animals to leash such animals in the presence of a service dog.

Summary:

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27

Email to Committee:

To: 0; dboutin1465@comcast.net; bette.lasky@leg.state.nh.us; nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ;

Subject: SB15

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0015.html

Analysis Stated in Bill:

Talking Points:

 

=====================

HB175,

01/21/2015 at 01:30 PM    LOB 302

Title: Title: establishing a committee to study removing the department of justice from the financial approval process for residential condominium and housing subdivisions.

Summary:

 Property Owner Position: Limited Impact; You Decide

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: HB175

 Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0175.html

Analysis Stated in Bill:

 Talking Points:

 

=====================

HB159,

01/21/2015 at 02:00 PM    LOB 302

Title: Title: repealing the committee to study the laws relating to condominium and homeowners' associations.

Summary:

Property Owner Position: Limited Impact; You Decide

 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: HB159

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0159.html

Analysis Stated in Bill:

Talking Points:

=====================

HB208,

01/22/2015 at 10:00 AM    Representatives Hall

Title: Title: repealing the New Hampshire regional greenhouse gas initiative program.

Summary:

Property Owner Position: Limited Impact; You Decide

 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: HB208

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0208.html

Analysis Stated in Bill:

Talking Points:

 

=====================

HB269,

Time not specified    RM 208 LOB

Title: Title: allowing a landlord to collect first and last month's rent in addition to a security deposit.

Summary:

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: HB269

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0269.html

Analysis Stated in Bill:

Talking Points:

=====================

HB309,

Time not specified    RM 208 LOB

Title: Title: permitting landlords to remove tenants' property in certain circumstances.

 

Summary:

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: HB309

 

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0309.html

Analysis Stated in Bill:

 

Talking Points:

 

=====================

HB315,

Time not specified    RM 208 LOB

Title: Title: relative to termination of tenancy.

 

Summary:

 

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: HB315

 

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0315.html

Analysis Stated in Bill:

 

Talking Points: