This Legislative Update is provided by Nick Norman, Director of Landlord Legislative Affairs
You can reach Nick at nicknorman@yahoo.com
Howdee everyone,
Important Updates:
None
Action items this week:
None
See more info in Summaries
& Full Detail for each bill further below. (includes property owner
position, contact info, Talking points, and more).
(to jump right to
bill detail, use Control-F, Find).
Hearings this
week:
None scheduled so
far
Hearings next
week:
None scheduled so
far
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
Director of
Legislative Affairs
==============================================
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.
Summary and Current Status of Updated Bills
HB175
Title: (NT)
establishing a committee to study improving the efficiency of the financial
approval process for housing subdivisions used by the department of
justice.
Property Owner
Position: You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB308
Title: relative
to the supervision of a real estate office and the duties of a facilitator under
the real estate practice act.
Property Owner
Position: LimitedImpact; You Decide
House Status:
PASSED / ADOPTED
Senate Status: IN
COMMITTEE
HB309
Title: permitting
landlords to remove tenants' property in certain circumstances.
Property Owner
Position: For
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB286
Title: relative
to permits issued by building inspectors.
Property Owner
Position: LimitedImpact; You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB353
Title: relative
to the governance of condominium unit owners' associations.
Property Owner
Position: You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB480
Title: relative
to policies for property and casualty insurance.
Property Owner
Position: You Decide
House Status:
PASSED / ADOPTED
Senate Status: IN
COMMITTEE
HB481
Title: relative
to commercial insurance.
Property Owner
Position: LimitedImpact; You Decide
House Status:
PASSED / ADOPTED
Senate Status: IN
COMMITTEE
HB427
Title: relative
to the definition of the New Hampshire fire code.
Property Owner
Position: LimitedImpact; You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB180
Title: (NT)
relative to the definition of "price or consideration" under the real estate
transfer tax and relative to the exception for transfers by devise under such
tax.
Property Owner
Position: For
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
SB135
Title: relative
to lead poisoning in children.
Property Owner
Position: Mostly For, Some Against, Some Neutral, Changes
recommended
House Status:
none
Senate Status:
PASSED / ADOPTED
HB613
Title: relative
to governmental records exempted under the right-to-know law.
Property Owner
Position: You Decide
House Status:
PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN
COMMITTEE
HB531
Title:
establishing a committee to study short-term rentals by homeowners and owners of
residential properties.
Property Owner
Position: Varied, some For, some Against, some Neutral
House Status:
PASSED / ADOPTED
Senate Status: IN
COMMITTEE
SB232
Title: exempting
certain leases from the real estate transfer tax.
Property Owner
Position: You Decide
House Status:
none
Senate Status:
PASSED / ADOPTED
SB235
Title: relative
to the condominium act and the land sales full disclosure act.
Property Owner
Position: LimitedImpact; You Decide
House Status:
none
Senate Status:
PASSED / ADOPTED WITH AMENDMENT
==============================================
Full details on all bills
above:
HB175, Study
Committee, Remove Dept. Of Justice From Financial Approval For Residential
Condominium & Housing Subdivisions
04/02/2015 at
02:00 PM LOB 101
Title: Title:
(NT) establishing a committee to study improving the efficiency of the financial
approval process for housing subdivisions used by the department of
justice.
Summary: The bill
would establish a committee to study removing the department of justice from the
financial approval process for residential condominium and housing
subdivisions.
Property Owner
Position: You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06
Email to
Committee:
To:
sharon.carson@leg.state.nh.us; Jeff.Woodburn@leg.state.nh.us;
sam.cataldo@leg.state.nh.us; donna.soucy@leg.state.nh.us;
john.reagan111@gmail.com; ;
Subject: HB175
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0175.html
Analysis Stated
in Bill:
Talking
Points:
Pursuant to RSA
21-M:9 The Dept of Justice shall administer and enforce the provisions of
residential condominium and housing subdivisions.
This bill seeks
to establish a committee to study the benefits of removing the DOJ from that
duty.
This is the only
direction that is given to the committee in the bill.
=====================
HB308,
Supervision Of Real Estate Offices And Duties Of A Facilitator
04/01/2015 at
02:30 PM SH 100
Title: Title:
relative to the supervision of a real estate office and the duties of a
facilitator under the real estate practice act.
Summary: Limited
Impact. Not analyzed yet to allow time
on more critical bills.
Property Owner
Position: LimitedImpact; You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to
Committee:
To:
sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;
donna.soucy@leg.state.nh.us; represcott@represcott.com;
jeb.bradley@leg.state.nh.us; ;
Subject: HB308
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0308.html
Analysis Stated
in Bill:
Talking
Points:
none developed so
far.
=====================
HB309, Removal of
Tenant's Property
Time not
specified SH 100
Title: Title:
permitting landlords to remove tenants' property in certain
circumstances.
Summary: The
landlord shall be able to remove property (without penalty) that creates a
hazard or blocks access to common areas. No notice is required.
The Landlord
shall be able to remove property with notice for property such as unregistered
vehicles, or anything else prohibited in the lease, provided that two notices
are given at least 24 hours apart.
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; gldaniels@myfairpoint.net;
david.pierce@leg.state.nh.us; sharon.carson@leg.state.nh.us;
sam.cataldo@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:
We need everyone
to show up at the hearing in favor of this bill & call and write to
legislators to support this important bill.
Stay tuned for changes. We have
met with NHLA who has proposed changes most of which we agree with,
Currently, RSA
540-A:3 III specifically prohibits a landlord directly or indirectly denying a
tenant access to the tenant’s personal property other than by proper judicial
process. This would include having a
tenant’s vehicle or other property towed or removed from the landlord’s
property. Without this bill, if the
landlord towed a tenant’s vehicle to comply with local ordinances or to provide
access for emergency vehicles or to stop tenant’s car from blocking the driveway
or another tenants parking spot, etc, etc, the present statute would subject a
landlord to a $1,000 fine, plus a $1,000 a day fine for each day the tenant does
not have his or her car after a court issues an order. If the car was towed, the landlord, to stop
the $1000/day fines, would have to pay all towing and storage fees. The landlord would also be subject to paying
the defendant’s attorney fees and costs.
HB 309 would
eliminate this risk for landlords in certain limited circumstances. If the bill
is enacted, and a tenant’s property is in a travel lane, common driveway, fire
lane, the entrance or exit to any of these, or is in the entrance to a parking
area or blocks a dumpster , then a landlord could legally remove a tenant’s
property without notice to the tenant, and at the tenant’s expense.
For less
egregious scenarios the bill would also allow a landlord to remove tenant’s
property, after two notices to the tenant, with the second notice not to be
delivered to the tenant until 24 hours after the first notice. These scenarios include if the tenant’s
property is located in a posted no parking area, is an unregistered or
uninspected motor vehicle, is leaking fluids that are damaging the parking
surface or are an environmental hazard, or is parked or stored in a manner that
is in violation of the lease.
We need
everyone’s full support for this bill. If passed, it will aid us in maintaining
our properties, and in removing junk from our parking lots & handling
tenants who just flatly refuse to follow their lease requirements regarding
parking. The bill is necessary in order
to keep our properties clean and safe & to legally comply with local
ordinance and zoning laws which require removal of certain offensive
property.
The bill also
offers protection for tenants who don't realize they are breaking a lease
requirement. Once notified they would have the ability to correct the problem or
the landlord will have the authority to correct it.
=====================
HB286, Permits
Issued By Building Inspectors
Time not
specified LOB 102
Title: Title:
relative to permits issued by building inspectors.
Summary: Limited
Impact. Not analyzed.
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: 0;
dboutin1465@comcast.net; bette.lasky@leg.state.nh.us;
nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ;
Subject: HB286
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0286.html
Analysis Stated
in Bill:
Talking
Points:
Provided in
update only to give notice to those that may be affected.
=====================
HB353, Condo
Association Voting & Meetings
04/01/2015 at
02:15 PM SH 100
Title: Title:
relative to the governance of condominium unit owners'
associations.
Summary: This
bill would replace a number of sections
RSA 356-B, the statute governing condominiums.
The bill is very important to developers, attorneys for developers, and
attorneys for condo associations.
The bill seeks to
modify the Voting Procedures and Meetings for Condo Owners Associations set
forth in RSA 356 B. It shall incorporate
E-mail notifications, Video and Telephonic conferencing.
Property Owner
Position: You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to
Committee:
To:
sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;
donna.soucy@leg.state.nh.us; represcott@represcott.com;
jeb.bradley@leg.state.nh.us; ;
Subject: HB353
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0353.html
Analysis Stated
in Bill:
Talking
Points:
This bill will
add additional cost to all condo associations to update bi-laws within 2 year
time frame.
We have not fully
analyzed this bill. If it affects you
dig deeper.
=====================
HB480,
Insurance/Criminal Offense
Time not
specified SH 100
Title: Title:
relative to policies for property and casualty insurance.
Summary: Would
ban coverage for a fine or penalty for a criminal offense, but allow payment of
defense costs.
Property Owner
Position: You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to
Committee:
To:
sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;
donna.soucy@leg.state.nh.us; represcott@represcott.com;
jeb.bradley@leg.state.nh.us; ;
Subject: HB480
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0480.html
Analysis Stated
in Bill:
Talking
Points:
Requested by the
insurance department.
If the fines were
covered by insurance then the punishment for the offense would have little
affect.
Punishment should
not be paid by a 3rd party.
=====================
HB481, Mortgage
Guarantee Insurance
Time not
specified SH 100
Title: Title:
relative to commercial insurance.
Summary: The bill
would clarify that RSA 417-C would not apply to mortgage guarantee
insurance.
Property Owner
Position: LimitedImpact; You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to
Committee:
To:
sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;
donna.soucy@leg.state.nh.us; represcott@represcott.com;
jeb.bradley@leg.state.nh.us; ;
Subject: HB481
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0481.html
Analysis Stated
in Bill:
Talking
Points:
After the housing
collapse of 2008, PMI insurance companies suffered losses and are making changes
to lower their risk.
=====================
HB427, Adopting
2015 Fire Code Regs
Time not
specified LOB 101
Title: Title:
relative to the definition of the New Hampshire fire code.
Summary:
Regarding the definition of the state fire code. Simply change from a 2009 version of the
Uniform Fire Code to a 2015 version.
Property Owner
Position: LimitedImpact; You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06
Email to
Committee:
To:
sharon.carson@leg.state.nh.us; Jeff.Woodburn@leg.state.nh.us;
sam.cataldo@leg.state.nh.us; donna.soucy@leg.state.nh.us;
john.reagan111@gmail.com; ;
Subject: HB427
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0427.html
Analysis Stated
in Bill:
Talking
Points:
How will this
impact sprinkler requirements?
State fire
marshal has recommended the state adopt changes to the Life Safety Code as
follows:
a. Atriums Used As Part of Separated
Occupancies
b.Vestibules Separating Normally Unoccupied
Spaces from Exit Enclosures
c. New Occupant Load Factors
d. Alcohol-Based Hand-Rub Dispensers
(ABHR)
e. Stairway Video Monitoring in High-Rise
Buildings
f. Life Safety Evaluations in Assembly
Occupancies
g. Multiple-Level Buildings in Day Care and
Board and Care Occupancies
h. Disguised Doors in Health Care
i. Reduced Corridor Width in Nursing Homes
j. Ambulatory Health Care
Rewrite
=====================
HB180, Real
Estate Transfer Tax, Clarify “Contractual” Transfer
Time not
specified SH 103
Title: Title:
(NT) relative to the definition of "price or consideration" under the real
estate transfer tax and relative to the exception for transfers by devise under
such tax.
Summary: This
bill attempts to clarify a “contractual” transfer of Real Estate.
Property Owner
Position: For
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to
Committee:
To:
dboutin1465@comcast.net; 0; chuck.morse@leg.state.nh.us;
andy.sanborn@leg.state.nh.us; dalas@leg.state.nh.us; ;
Subject: HB180
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0180.html
Analysis Stated
in Bill:
Talking
Points:
This bill, if
enacted, would marginally clarify what is price or consideration to base the
amount of tax to be paid in real estate transactions. Currently, non-contractual transfers, which
basically are gifts, are not taxed. The
bill would add to the definition of price and consideration, which the amount of
the taxes to be paid are based upon, the words “in a contractual transfer.” The
bill is merely housekeeping, and does not change anything.
This bill will
help the banks when they take a deed in lieu of foreclosure. They won’t have to
pay the transfer stamps. This would be a good bill to amend transferring a
property in to another entity for estate planning/asset protection. Not having
to pay transfer stamps if it is still done for the above reasons.
See if we could
amend the bill to help with transfer of property into LLC, LP…
=====================
SB135, 2015 Lead
Law Changes
02/17/2015 at
01:00 PM LOB 101
Title: Title:
relative to lead poisoning in children.
Summary: This is
a very large bill with many different sections all with the intent to reduce
childhood lead poisoning. There has been
stake holder meetings for several months with some landlord representation
resulting in this legislation. The stake
holders continue to meet regularly.
We’re sure that there will be continued push and more lead legislation
for a long time coming. We are mostly
for or are neutral on this bill.
The Conservation
Law Foundation, CLF, specifically, Tom Irwin, has specifically been at the
forefront of pulling together the interested parties hearing all sides and
working with all stakeholders to draft this language. Tom has worked well with us to hear and
incorporate our input.
The bill is large
and is divided into several sections.
Therefore for clarity in understanding the bill, our analysis will walk
you through the bill in order section by section.
Property Owner
Position: Mostly For, Some Against, Some Neutral, Changes
recommended
Link to Committee
Info:
Email to
Committee:
To:
Subject: SB135
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/SB0135.html
Analysis Stated
in Bill:
Talking
Points:
Section 1: Laboratory Reporting
Property Owner
Position: Neutral
This section
relates to having DHHS, Department of Health & Human Services track and
report screening rates. That is how many
children are being screened (asked questions) and or tested each year. The screening rates have always been way
below long established state guidelines.
Landlords stand
aside on the issue of screening so we have no position on this
section.
Section 2: Capillary Blood Testing
Property Owner
Position: For
“Capillary Blood
Test” is what you might call a finger prick test that draws a few drops of blood
as opposed to a venous test which actually draws blood from a vein using a
needle.
Capillary blood
tests are said to have less accuracy than a venous draw. Partly because the portable test modules are
not as accurate as a sample sent to a lab and partly because the people
operating the capillary test machines are not trained medical staff. Occasionally, lead on the persons finger ends
up in the sample.
We have been a
push for parents and landlords to receive ALL test results of ANY level. This is because earlier detection allows both
family and landlord to take well thought out reasonable measures to prevent the
lead exposure before an entire lead abatement order becomes issued if the level
reaches 10ug/dl.
DHHS is extremely
reluctant to take on the reporting responsibility for values below 5ug/dl
ostensibly because of the expected enormous work load required and no budget for
it. The have to find contact info for
the landlord whereas the parent contact info is already on the reporting
forms. Also past results show there
would be about 1000/y reportings required at 5 and above. We don’t know how many reports would be
required at less than 5. Presumably way
more.
Note that the
version passing the Senate committee adds a duty to the study commission to look
at the issue of reporting results <5ug dl.="" span="">
This provision of
section 2 advises the family to get a venous draw test so they get an accurate
picture and eliminate “false alarms”. It
also recommends that the tenant inform the landlord which is in part
accomplishing what we have been asking for.
It further
recommends the tenant contact the landlord rather than do anything regarding the
lead hazards on their own. This moves
again in a direction we have been asking for.
It makes some movement toward solving the issue of tenants creating the
lead hazards.
Section 3: Child Lead Screening
Property Owner
Position: Neutral
This section
stresses health care providers are responsible for screening for lead and to
follow state guidelines. If they don’t
meet the guidelines by 2017 then DHHS will adopt rules to require them to do
so.
Landlords stand
aside on the issue of screening so we have no position on this
section.
Section 4: Property Owner Notification of Elevated
BLL
Property Owner
Position: For
The latest
revision as the bill leaves the Senate committee is that landlords are only
notified of venous draw tests and not capillary tests. This is a little watered down from the
original bill where we would be notified of both venous and capillary test. (See below about DHHS’s resistance to the
work load of giving these notices).
Something is
better than nothing and presently we are not getting any notices in the range of
5-9.9ug/dl so this section is quite good for us in that when we are notified of
low levels of lead we can work with the tenant family and be proactive at taking
all precautions to eliminate the poisoning in a common sense way before it
escalates to higher levels which will more greatly harm the child and trigger a
lead abatement order. Many times the
tenant family and the landlord can work together in a common sense way before an
order is triggered and solve the issue easily before the extreme expense of an
order is triggered.
The back ground
for this is that there has been a request for DHHS to notify property owners and
parents at ANY level. The thinking which
we agree with is that the earlier everyone is notified the sooner everyone can
take measures to be sure the child’s BLL does not rise and only goes down from
here. DHHS wants to be able to give
notice at any level but their old software system and some test methods are not
as reliable when readings are <5ug a="" able="" accurately="" actually="" almost="" an="" and="" anyone="" are="" at="" be="" behind="" but="" change="" could="" create="" data.="" data="" dl="" do="" does="" get="" give="" have="" hold="" hour="" in="" it.="" just="" levels.="" like="" lower="" modern="" nbsp="" not="" notice="" number="" s="" say="" says="" simple="" simply="" software="" something="" span="" spreadsheet="" systems="" that="" the="" their="" they="" time.="" to="" towards="" update="" we="" where="" why="" working="">
Because capillary
testing at low levels is less reliable and because of the data complications
expressed in the above paragraph, there is language like “the data is deemed
reliable by the department”. When their
systems are updated in the future this language allow them to report lower
numbers with out having to make yet another change in the state
law.
Also DHHS is
extremely resistant to notifications below 5ug/dL primarily because they can not
handle the work load. Part of the issue
is the unreliability of capillary tests, (operators of test are often not
medical staff and actually introduce lead to the skin surface before the pin
prick is made).
Part of the
issue, harder to solve, is the extra time spent for DHHS to find the owner of
the property. There are about 1000 BLL
levels reported per year from 5-10 ug/DL.
Less than 5 is believed to be a much larger number.
All landlords we
have spoken to are for this section.
Section 4: Parent Notification of Elevated
BLL
Property Owner
Position: For
This section is
quite good for us as well in that when parents are notified of low levels of
lead they will usually become proactive at taking all precautions to eliminate
the poisoning before it escalates to higher levels which will more greatly harm
the child and trigger a lead abatement order.
Many times the tenant family and the landlord can work together in a
common sense way before an order is triggered and solve the issue easily before
the extreme expense of an order is triggered.
Notice that the
parents get reporting of both capillary and venous testing while landlords only
get notification of venous testing.
All landlords we
have spoken to are for this section.
(Similar notes as
section on Landlord Notification above).
Section 6: Civil Suits
Property Owner
Position: Against
May be upgraded
to Neutral if amended.
Technically, this
section does not change the understanding of civil liability so we’re not sure
why it is needed.
The Senate
committee amendment does add a sentence to address the subsequent repairs
concern. (Previously flagged as an issue).
We are suggesting
the following change to the tenant responsibility side of this
section.
"Evidence of
disturbance of lead based substances by the tenant, his guests, invitees, or
anyone else he or she brings into the leased premises, or the tenant’s pets
shall be admissible evidence. Failure of the tenant to notify the landlord, as
required in written lease or rental agreement, of any peeling, chipping,
chalking, cracking or disturbance of lead based substances shall also be
admitted into evidence."
If both of these
changes survive in the amendment we would upgrade our position from against to
neutral.
Section 7: Lead Screening Commission & Essential
Maintenance Practices Task Force
In the amendment
both would be combined into one commission with subcommittees one for Lead
Screening and the other for
Essential
Maintenance Practices Task Force
Lead Screening
Commission
Property Owner
Position: Neutral
Essential
Maintenance Practices Task Force
Property Owner
Position: For
Basically, the
committee would set up a standard of care to be followed by all owners of such
property. The committee is to study similar programs in other states, Vermont is
the primary example, work with public health officials in formulating such a
program, and look into incentives for compliance. 14 people are to be appointed
to the committee from various occupations related to public health and rental
housing.
The fundamental
idea here if such a program would be put in place is likely that rental property
owners would need to submit an annual report stating that they have inspected
the rental property and fixed any lead hazards using lead safe techniques. Also there could easily be a program
requiring old leaded windows not yet replaced to at least be fitted with a
system of simple vinyl strips and window will inserts to eliminate the friction
surfaces of the leaded portion of the windows.
In exchange for
this standard of care the property owner would receive a reduction in liability
in lead law suits. At the stake holders
meetings, an attorney representing interest of trial lawyers said the legal
protection for landlords will be killed by the trial lawyers. So the “carrot” portion of this proposal
definitely needs substantial work.
At one of our
landlord meetings it was suggested that to get a limit in liability landlords
should just keep a maintenance log and that the
landlord’s property maintenance log be admissible evidence in defending
landlord liability. This idea eliminates the beauracracy and still give us
possibility of some protection.
Also what if
tenant denies us access to make repairs. Law should state that tenant has to
give landlord access, similar to bedbug provision.
Some
background:
As of late, I
have been involved with the lead stake holders meetings that resulted in this
legislation. Most of the stake holders
wanted to simply put an Essential Maintenance Program in place with this
bill. My strong comment to them was that
more time was needed to analyze and come up with a plan that landlords could
agree with. They decided to take my
advice and create a task force instead.
Most but not 100% of the landlords I speak with are in favor of this
section because it will give landlord’s voice in the process & more time in
designing the Essential Maintenances Program.
Forcing in place a program that was not well thought out could have been
very detrimental to landlords.
The commission
membership at our recommendation was raised from 1 to 4 landlord representatives
which addresses our major concern.
The Child care
member was amended to be from a property pre1978. Which is one of the concerns
we raised.
We recommend a
few modifications to this section of the bill.
Should an in home
day care be included from a property pre1978?
Since there most
likely will be a proposed essential maintenance practices program coming from
the committee that may become law, we should have some way to review the
proposal and have input on it before the committee makes its final
recommendation to the legislature. We
ask that the meeting minutes and proposed essential practices be posted on a
website of the general court & the general public be allowed to make written
comments to the committee and such
comments be reviewed by the committee before it makes any recommendations to the
legislature.
We also recommend
that a minority report option be made available for the final
report.
There is also one
change we will be asking for on the appointing of a landlord
representative.
Notes some other
good things.
This version as
amended by the Senate committee adds some duties to the commission
including:
VI. The
commission shall explore and examine options for assisting property owners in
the abatement of lead-based paint hazards.
VIII. The
commission shall assess the feasibility and benefits of requiring the department
to provide notice to landlords and parents pursuant to RSA 130-A:6-a and RSA
130-A:6-b when a child has been found to have a blood lead level less than 5
micrograms per deciliter.
Previous Section
on Child Care License/Permit Suspension, Revocation, Denial
has been
removed.
Previous sections
related to RSA 540-A prohibited acts
has been
removed.
Previous section
related to Building Permits To Require RRP If Applicable
has been
removed.
Section 8: Repeal
commission on Completion
Section 9: Effective Dates For Different
Sections
=====================
HB613, Right To
Know Law Exemptions
Time not
specified SH 100
Title: Title:
relative to governmental records exempted under the right-to-know
law.
Summary:
Exemptions to include names and addresses contained in license
applications.
Property Owner
Position: You Decide
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; gldaniels@myfairpoint.net;
david.pierce@leg.state.nh.us; sharon.carson@leg.state.nh.us;
sam.cataldo@leg.state.nh.us; ;
Subject: HB613
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0613.html
Analysis Stated
in Bill:
Talking
Points:
Appears to
clarify current exemptions.
Some of us are
for this bill.
=====================
HB531, Short-Term
Rentals Study Committee
04/01/2015 at
02:00 PM SH 100
Title: Title:
establishing a committee to study short-term rentals by homeowners and owners of
residential properties.
Summary: 1. Seek
to establish a committee to study and make recommendations regarding short-term
(vacation) rentals by homeowners.
2. Evaluate the
effect this will have on the traditional lodging market.
Property Owner
Position: Varied, some For, some Against, some Neutral
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to
Committee:
To:
sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;
donna.soucy@leg.state.nh.us; represcott@represcott.com;
jeb.bradley@leg.state.nh.us; ;
Subject: HB531
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/HB0531.html
Analysis Stated
in Bill:
Talking
Points:
Short term
rentals are not defined in the bill, nor is it clear what types of properties,
or the types of rentals the committee is supposed to study. Are rooms in a house
rented out as a Bed and Breakfast subject to this study? See Airbnb.com. Or are single family residences rented out
for a month at a time or less subject to this study.
Homeowners have
been renting short-term, vacation properties long before hotel chains and
vacation resorts came on scene. We don't believe this market is so saturated
with homeowner rentals to create a problem. It is this level of competition that
creates benefit for the consumer.
=====================
SB232, Exempting
Certain Leases From The Real Estate Transfer Tax
03/02/2015 at
09:30 AM SH 103
Title: Title:
exempting certain leases from the real estate transfer tax.
Summary: This
bill would exempt from the transfer tax any lease, including any sales,
transfers, or assignments of any interest in the leased property, where the term
of the lease, including all renewals, is less than 99 years.
Property Owner
Position: You Decide
Link to Committee
Info:
http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S07
Email to
Committee:
To:
andrew.hosmer@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; 0;
chuck.morse@leg.state.nh.us; dalas@leg.state.nh.us; john.reagan111@gmail.com; ;
Subject: SB232
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/SB0232.html
Analysis Stated
in Bill:
Talking
Points:
This bill seeks
to clarify that a real estate transfer has not taken place with leased
property.
=====================
SB235,
Condominium Sale Recording & Financial Disclosure Requirements
03/18/2015 at
11:00 AM LOB 102
Title: Title:
relative to the condominium act and the land sales full disclosure
act.
Summary: This
bill makes revisions to the condominium act in regard to recording requirements
and financial disclosures.
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: 0;
dboutin1465@comcast.net; bette.lasky@leg.state.nh.us;
nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ;
Subject: SB235
Link to Bill
Text: http://www.gencourt.state.nh.us/legislation/2015/SB0235.html
Analysis Stated
in Bill:
Talking
Points:
The bill does not
seem to have any direct effect on the residential rental market.
=====================
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