Howdee everyone,
Important Updates:
Many of the major bills this session are going very well for us. However, HB1370 is one exception. See below.
(new info on HB1370).
HB1370, 7 Days Eviction Notice
We have communicated to many landlords at this point and have received an overwhelming agreement that we will attempt removing the “venue” amendment.We have also talked and strategized with several legislators and many landlords and arrived at the conclusion that we are better to focus our efforts on removing the “venue” amendment once the bill goes to the Senate.
There is also some concern as to what to do if the “venue” amendment is not removed. Most, particularly owners with properties in multiple towns, feel they would rather see the bill die than have the “venue” amendment survive.
That is the unanimous view of our core team. Some landlords, particularly those with only a few properties in one town or court’s jurisdiction would rather see the bill pass even if the “venue” amendment passes. Please tell us your view.
Keep in mind that we could easily bring the original bill back in another year. (It has passed the House Judiciary Committee twice now, so it would be easy to bring it back with out the amendment in the future).
This is a very important decision for the way most landlords will run their business so let us know your thoughts.
(This venue amendment is officially called the “Horrigan, 2016-0433h amendment”.
When HB1370 reaches the Senate we will need an overwhelming response from every one from there on out through the rest of the legislative process this season to win the uphill battle to defeat the “venue” amendment.
(new info on HB1656).
HB1656, Real Estate Transfer Tax Exception
Good News
Ought to Pass for 03/09/2016 (Vote 20-0; CC)
HB1204, Eviction Workout
Good News
The committee has voted Ought to Pass with Amendment #2016-0234h 18-0 and placed the bill on the Consent Calendar).
This means it is practically guaranteed to pass.
HB1196, Higher Damage Amount In Eviction Case
There is some mixed response on this bill. Most of us are against this bill and feel that although it looks enticing it is actually a landlord trap.
Good News
Committee report
HB1196 INEXPEDIENT TO LEGISLATE.
Rep. Kurt Wuelper for Judiciary. This bill sought to increase the maximum money judgment order in an eviction case from $1,500 to $5,000. The committee believes that this would cause many more evictions to move
to Superior court, defeating the purpose of the increase.
Vote 14-0.
SB395, Landlord Required To Install AC Units
Good News
The committee voted 5-0 to Refer this bill to Interim Study, and placed it on the Consent Calendar. This means the bill will be shelved for awhile and there is a good chance it will die.
Committee report
Interim Study, Vote 5-0.
Senator Prescott for the committee.
This would have required landlords to purchase and install climate control systems in rented apartments for tenants with respiratory issues or other medical conditions. The housing department testified that the issue that was cause for this bill might have been an isolated case and that they were working on a non-
legislative solution. The committee felt that the bill needs more time to have input from all interested parties.
Action items this week:
None for New Hampshire.
However, I will be on a legislative lobbying trip to Washington, DC this week and likely to meet our NH US Representatives and Senators. If you have a message you want to bring from the landlords of NH get it to me by 7pm Tuesday 3/8/16. There is a good chance I can incorporate it into the suggestions I received previously.
…….
To find both your NH Representative & Senator goto
This can also be found by going to
& clicking “Find Your Representatives”
To write to all House of Representatives use:
To write to all of the Senate use:
…….
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
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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.
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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.
HB1292, Abandonment of Agricultural Property
Title: relative to the use of abandoned agricultural property.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1656, Real Estate Transfer Tax Exception
Title: relative to exceptions to the real estate transfer tax.
Property Owner Position: For
House Status: OUGHT TO PASS.
Rep. Gary Azarian for Ways and Means. This bill creates an exemption from the Real Estate Transfer Tax
for transfers of like ownership. For example, if an individual or couple who own property wishes to transfer
that property to an LLc or trust with like ownership for estate planning purposes. With this bill this type of
transfer would be exempt from the Real Estate Transfer Tax.
Vote 20-0.
Senate Status: none
HB1580, Admin of real estate commission
Title: removing the real estate commission from the office of professional licensure and certification.
Property Owner Position: LimitedImpact
House Status:
Senate Status: none
HB1370, 7 Days Eviction Notice
Title: relative to termination of tenancy.
Property Owner Position:
House Status: OUGHT TO PASS WITH AMENDMENT.
Rep. Timothy Horrigan for Judiciary. This bill, as amended, represents a compromise between landlord and
tenant advocates. Landlords would benefit because 7-day evictions could be carried out when tenants fail to
establish utility service, or when unauthorized persons stay on the premises for extended periods. Tenants
would benefit because evictions (either 7-day or 30-day) would require a writ of summons, which must be
filed in the district court for the municipality where the property is located.
Vote 10-1.
Senate Status: none
HB1204, Eviction Workout
Title: relative to payment of rent pending the stay of an eviction proceeding.
Property Owner Position:
House Status: OUGHT TO PASS WITH
AMENDMENT.
Rep. Claire Rouillard for Judiciary. This bill as amended allows a tenant and a landlord to negotiate and
enter into an agreement to pay past due rent, which includes an agreement of the tenant to waive any right
to appeal. This agreement allows the tenant to remain in their home if timely payment of arrearage and
future rents are made.
Vote 18-0.
Senate Status: none
HB1196, Higher Damage Amount In Eviction Case
Title: relative to the amount of a money judgment for unpaid rent.
Property Owner Position: For, If Amended.
House Status: INEXPEDIENT TO LEGISLATE.
Rep. Kurt Wuelper for Judiciary. This bill sought to increase the maximum money judgment order in an eviction case from $1,500 to $5,000. The committee believes that this would cause many more evictions to move
to Superior court, defeating the purpose of the increase.
Vote 14-0.
Senate Status: none
HB1260, Repeal Authority For Administrative Inspection Warrants
Title: repealing the authority of assessing officials to obtain administrative inspection warrants to complete property appraisals.
Property Owner Position: For
House Status:
Senate Status: none
SB395, Landlord Required To Install AC Units
Title: relative to minimum housing standards for tenants with health or respiratory issues.
Property Owner Position: Against
House Status: none
Senate Status: INTERIM STUDY
HB1579, Regulation Of Out Of State Real Estate Brokers
Title: relative to regulation of the practice of out-of-state brokers by the real estate commission.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1150, UCC Failure to deliver goods
Title: relative to the penalty for failure to deliver goods under the Uniform Commercial Code.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1282, Adopt 2015 "Uniform" Codes
Title: relative to the state building code.
Property Owner Position: You Decide
House Status:
Senate Status: none
SB446, Building Code Requirements
Title: relative to requirements of the state building code.
Property Owner Position: For, Limited Impact
House Status: none
Senate Status:
HB1618, License For Debt Adjustment Services
Title: relative to debt adjustment services.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1559, Property Taxes Paid By Education Facilities Leasing Property
Title: relative to property taxes paid by education facilities leasing property.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1509, Definition of "houseboat."
Title: relative to the definition of "houseboat."
Property Owner Position: You Decide
House Status:
Senate Status: none
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Full details on all bills above:
HB1292, Abandonment of Agricultural Property
Title: relative to the use of abandoned agricultural property.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1656, Real Estate Transfer Tax Exception
Title: relative to exceptions to the real estate transfer tax.
Property Owner Position: For
House Status: OUGHT TO PASS.
Rep. Gary Azarian for Ways and Means. This bill creates an exemption from the Real Estate Transfer Tax
for transfers of like ownership. For example, if an individual or couple who own property wishes to transfer
that property to an LLc or trust with like ownership for estate planning purposes. With this bill this type of
transfer would be exempt from the Real Estate Transfer Tax.
Vote 20-0.
Senate Status: none
HB1580, Admin of real estate commission
Title: removing the real estate commission from the office of professional licensure and certification.
Property Owner Position: LimitedImpact
House Status:
Senate Status: none
HB1370, 7 Days Eviction Notice
Title: relative to termination of tenancy.
Property Owner Position:
House Status: OUGHT TO PASS WITH AMENDMENT.
Rep. Timothy Horrigan for Judiciary. This bill, as amended, represents a compromise between landlord and
tenant advocates. Landlords would benefit because 7-day evictions could be carried out when tenants fail to
establish utility service, or when unauthorized persons stay on the premises for extended periods. Tenants
would benefit because evictions (either 7-day or 30-day) would require a writ of summons, which must be
filed in the district court for the municipality where the property is located.
Vote 10-1.
Senate Status: none
HB1204, Eviction Workout
Title: relative to payment of rent pending the stay of an eviction proceeding.
Property Owner Position:
House Status: OUGHT TO PASS WITH
AMENDMENT.
Rep. Claire Rouillard for Judiciary. This bill as amended allows a tenant and a landlord to negotiate and
enter into an agreement to pay past due rent, which includes an agreement of the tenant to waive any right
to appeal. This agreement allows the tenant to remain in their home if timely payment of arrearage and
future rents are made.
Vote 18-0.
Senate Status: none
HB1196, Higher Damage Amount In Eviction Case
Title: relative to the amount of a money judgment for unpaid rent.
Property Owner Position: For, If Amended.
House Status: INEXPEDIENT TO LEGISLATE.
Rep. Kurt Wuelper for Judiciary. This bill sought to increase the maximum money judgment order in an eviction case from $1,500 to $5,000. The committee believes that this would cause many more evictions to move
to Superior court, defeating the purpose of the increase.
Vote 14-0.
Senate Status: none
HB1260, Repeal Authority For Administrative Inspection Warrants
Title: repealing the authority of assessing officials to obtain administrative inspection warrants to complete property appraisals.
Property Owner Position: For
House Status:
Senate Status: none
SB395, Landlord Required To Install AC Units
Title: relative to minimum housing standards for tenants with health or respiratory issues.
Property Owner Position: Against
House Status: none
Senate Status: INTERIM STUDY
HB1579, Regulation Of Out Of State Real Estate Brokers
Title: relative to regulation of the practice of out-of-state brokers by the real estate commission.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1150, UCC Failure to deliver goods
Title: relative to the penalty for failure to deliver goods under the Uniform Commercial Code.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1282, Adopt 2015 "Uniform" Codes
Title: relative to the state building code.
Property Owner Position: You Decide
House Status:
Senate Status: none
SB446, Building Code Requirements
Title: relative to requirements of the state building code.
Property Owner Position: For, Limited Impact
House Status: none
Senate Status:
HB1618, License For Debt Adjustment Services
Title: relative to debt adjustment services.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1559, Property Taxes Paid By Education Facilities Leasing Property
Title: relative to property taxes paid by education facilities leasing property.
Property Owner Position: You Decide
House Status:
Senate Status: none
HB1509, Definition of "houseboat."
Title: relative to the definition of "houseboat."
Property Owner Position: You Decide
House Status:
Senate Status: none
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