If you gave any comments, please send them to Nick Norman at nicknorman@yahoo.com
Howdee everyone,
Important Updates:
Thursday, March 24, 2016 is *CROSSOVER* and is the Last day to act on all House Bills & Senate bills before they “crossover” to the other side.
Many of the major bills this session are going very well for us. However, HB1370 is one exception.
(new info on HB1370).
HB1370, 7 Days Eviction Notice
The amended version of the bill is now released from the House. The “venue amendment” is now incorporated into the bill as section 3 relating to venue. When contacting legislators refer to this portion of the bill that way, “section 3 relating to venue”. See attached.
Now is a good time to be contacting the Senators of the Judiciary Committee to tell them our position on HB1370.
The more we can show up with one voice the less sway the tenant lobbyists will be able to use against us.
Everyone we have spoken to is in agreement with the desire to remove the venue amendment and keep the original bill as written. That is the message to get to the Judiciary Committee. So at this time please do not get into a discussion with legislators of keeping or killing the bill if section 3 relating to venue survives. That is a latter discussion. Talking about it now would only weaken our strength in getting the section 3 removed which is the task at hand now.
(See more in action items for HB1370).
When HB1370 reaches the Senate we will need an overwhelming response from everyone from there on out through the rest of the legislative process this season to win the uphill battle to defeat section 3 relating to venue.
Action items this week:
HB1370, 7 Days Eviction Notice
THIS IS THE MOST IMPORTANT ACTION ITEM OF THE WEEK.
Write and call to the Senate Judiciary committee and ask them to remove section 3 relating to venue and urge them to keep the remaining bill as originally written.
1. If not done already study HB1370(full detail below)
Bill text is at
See talking points in full detail. (to jump right to bill detail, use Control-F, Find)
Develop some talking points as to why we need to keep the option for the landlord to have eviction hearings in the court where the property owner resides. Note the present law already allows for the tenant to petition the court to move the venue to the court where the tenant resides. And if the eviction is not for non-payment of rent the court “shall” honor the tenant’s request for change of venue. So we don't see a need for the amendment. In a very large amount of the non-payment eviction cases the tenant does not even show up in court any way. Requesting a hearing was just a delaying tactic to get more “free” rent.
Also the landlord needs to go to court to
Get the LT-Writ
Deliver the served LT-Writ
Respond to a change of venue if requested by the tenant
Attend the hearing (where the tenant often does not show up)
Get the Writ of Possession.
4-5 times for the landlord. Way too much trouble for the landlord who is already inconvenienced by the tenant not paying rent.
Tenant only needs to go twice (file for hearing and possibly request change of venue which could be done by mail), attend hearing (which the tenant often doesn’t do).
0 to 2 times for the tenant.
Also the LT-Writ served on the tenant already contains clear language that the tenant may ask for a change of venue.
2. Email or better call the Senate Judiciary Committee
Ask the Senate Judiciary Committee to remove Section 3 relating to venue and pass the bill as it was originally written.
Give reasons why we need to keep the option for the landlord to have eviction hearings in the court where the property owner resides.
Also give reasons why the original bill without Section 3 relating to venue is needed.
Senate Judiciary Committee
<sharon.carson@leg.state.nh.us>; <sam.cataldo@leg.state.nh.us>; <bette.lasky@leg.state.nh.us>; <david.pierce@leg.state.nh.us>; <Gary.Daniels@leg.state.nh.us>;
Sharon Carson (Chairman)(603) 271-1403
Sam Cataldo (Vice Chairman) (603) 271-4063
Bette Lasky (603) 271-3091
David Pierce (603) 271-3067
Gary Daniels (603) 271-3042
…….
HB1204, Eviction Workout
1. If not done already study HB1204(full detail below)
Develop some talking points as to why we need in some cases the ability to have eviction work out agreements tenants that are court enforceable that assured we are paid and the tenant does not loose their home.
2. Email or better call the Senate Judiciary Committee
Ask them to support & pass HB1204. Also give reasons why the bill is needed. You can mention it overwhelming passed House Judiciary 18-0 because landlords and tenant representatives completely worked out and agreed upon a version that was submitted to House Judiciary
…….
HB1656, Real Estate Transfer Tax Exception
Email to Senate Ways and Means committee
(dboutin1465@comcast.net; dalas@leg.state.nh.us;chuck.morse@leg.state.nh.us; andy.sanborn@leg.state.nh.us; Dan.Feltes@leg.state.nh.us;)
If not already done ask them to support & pass HB1656. Also give reasons why the bill is needed.
You can mention it overwhelming passed House Ways and Means committee 20-0.
…….
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.
HB1656
Title: relative to exceptions to the real estate transfer tax.
Property Owner Position: For
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
HB1590
Title: relative to the regulation and taxation of short-term rental businesses.
Property Owner Position: LimitedImpact
House Status:
Senate Status: none
HB1298
Title: relative to damage to private property.
Property Owner Position: Against unless amended
House Status:
Senate Status: none
HB1538
Title: relative to revising the business enterprise tax as a business flat tax, reducing the rate of the interest and dividends tax, repealing certain taxes, and establishing a commission to recommend statutory changes for the implementation of this new tax structure.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1580
Title: removing the real estate commission from the office of professional licensure and certification.
Property Owner Position: LimitedImpact
House Status: INTERIM STUDY
Senate Status: none
HB1370
Title: relative to termination of tenancy.
Property Owner Position: For, If venue amendment removed
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
HB1204
Title: relative to payment of rent pending the stay of an eviction proceeding.
Property Owner Position:
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
HB1196
Title: relative to the amount of a money judgment for unpaid rent.
Property Owner Position: For, If Amended.
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1260
Title: repealing the authority of assessing officials to obtain administrative inspection warrants to complete property appraisals.
Property Owner Position: For
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
SB395
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
Title: relative to regulation of the practice of out-of-state brokers by the real estate commission.
Property Owner Position: You Decide
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
HB1150
Title: relative to the penalty for failure to deliver goods under the Uniform Commercial Code.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1175
Title: relative to post-judgment real estate liens.
Property Owner Position: You Decide
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
SB342
Title: making certain changes to business profits tax provisions affecting a business organization when owners sell or exchange ownership interests in the business.
Property Owner Position: You Decide
House Status: none
Senate Status:
HB1282
Title: relative to the state building code.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
SB446
Title: relative to requirements of the state building code.
Property Owner Position: For, Limited Impact
House Status: IN COMMITTEE
Senate Status: PASSED/ADOPTED
HB1276
Title: relative to a taxpayer's application for a property tax abatement.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1618
Title: relative to debt adjustment services.
Property Owner Position: You Decide
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
HB636
Title: relative to forfeiture of property.
Property Owner Position: For
House Status:
Senate Status: none
HB1219
Title: relative to the repurchase of tax-deeded property by the former owner and the costs therefor.
Property Owner Position: You Decide
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
HB1336
Title: relative to interest on abatements of taxes.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1559
Title: relative to property taxes paid by education facilities leasing property.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1504
Title: relative to the execution of a real estate tax lien on a primary residence.
Property Owner Position: Against
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1109
Title: relative to notice of offer for property in eminent domain cases and making the condemning entity liable for reasonable attorney's fees in certain cases.
Property Owner Position: Mixed
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1407
Title: establishing a property tax credit for persons providing certain home health care services for a family member.
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1509
Title: relative to the definition of "houseboat."
Property Owner Position: You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
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Full details on all bills above:
HB1656, Real Estate Transfer Tax Exception
01/12/2016 at 01:30 PM LOB Room 202
Title: Title: relative to exceptions to the real estate transfer tax.
Summary: This bill would allow people to transfer real estate, without being subjected to the real estate transfer tax, between entities with the same ownership, and assets and liabilities.
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: HB1656
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1656.html
Analysis Stated in Bill:
Talking Points:
This is important to us, as it would allow us to transfer assets into or out of LLC’s or trusts without the transfer taxes. Given some of the rules that the Federal Government has imposed in regard to refinancing, this bill is very helpful. Also, it is important for estate planning purposes and liability protection purposes. Why should we be taxed just because we have decided to restructure our assets into LLC's or Trusts.
=====================
HB1590, Apply Rooms & Meals Tax to Short Term Rental
01/19/2016 at 10:00 AM LOB Room 302
Title: Title: relative to the regulation and taxation of short-term rental businesses.
Summary: Legislative service’s analysis is: This bill requires short-term rental businesses to register as businesses with the secretary of state and meet certain posting and reporting requirements. The bill also expands the meals and rooms tax to apply to short-term rental businesses.
Property Owner Position: LimitedImpact
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: 0
Subject: HB1590
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1590.html
Analysis Stated in Bill:
Talking Points:
Simply, the purpose of the bill is to tax, under the room and meals taxes, the revenue that people and the rental services generate, from renting out rooms or the entire home on a short term basis. This bill also requires short-term rental businesses to register as businesses with the secretary of state and meet certain posting and reporting requirements.
Note that the position of one of our core team is "For" the bill with the thinking that the bill would "level the playing field" for NH hotels which are loosing revenue to short term rental services.
=====================
HB1298, OHRV, Pollution Triple Damages
01/19/2016 at 10:30 AM LOB Room 305
Title: Title: relative to damage to private property.
Summary: The bill creates a cause of action for a landowner whose land is damaged by pollution. This bill also creates a cause of action for a landowner whose land is damaged by OHRV, Off-Highway Recreational Vehicle, use. There is also provision for triple damages and attorney's fees.
Property Owner Position: Against unless amended
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1298
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1298.html
Analysis Stated in Bill:
Talking Points:
This bill could be a two edge sword for anyone who owns land and has any material on the property that can be deemed hazardous if it leaked. Heating oil might be included in this. It also gives a landowner the right to sue another for polluting that landowner’s property. That right probably exists at this time but the right does not include the right to seek triple damages based upon the recklessness of conduct and attorney’s fees which the bill would allow. It also allows an owner to seek injunctive relief to stop continuing pollution and to force the cleanup of the damage.
The bill also has a section allowing for triple damages to land from off road vehicles.
The bill can impose greater liability upon us. Triple damages are always dangerous and ripe for abuse. What if a tenant dumps oil on your property and it seeps onto a neighbor. Will the neighbor be able to sue you for triple damages?
However, the bill also gives us more protection from polluters.
We would support the bill if amended from triple damages to actual damages.
We also would like to see something defined that a landlord would not be held liable for a tenant's action if the landlord was unaware of the tenant's action.
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HB1538, Change Enterprise Tax To Flat Rate
01/19/2016 at 11:00 AM LOB Room 202
Title: Title: relative to revising the business enterprise tax as a business flat tax, reducing the rate of the interest and dividends tax, repealing certain taxes, and establishing a commission to recommend statutory changes for the implementation of this new tax structure.
Summary: Legislative service’s analysis is: This bill revises the business enterprise tax as a business flat tax at a rate of 2 percent and repeals the business profits tax and Medicaid enhancement tax. The bill reduces the rate of the interest and dividends tax to 2 percent. The bill also establishes a commission to recommend statutory changes for the implementation of this new tax structure.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: 0
Subject: HB1538
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1538.html
Analysis Stated in Bill:
Talking Points:
Since many of us use LLC’s and are subject to the Business Enterprise Tax or the Business Profits Tax, this bill will impact us. Unfortunately, we do not have the tax expertise to be able to determine if the bill will help or hurt us. We need someone with the appropriate knowledge to help us with this bill. If you learn more or can help out please let us know.
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HB1580, Admin of real estate commission
01/21/2016 at 10:00 AM LOB Room 306
Title: Title: removing the real estate commission from the office of professional licensure and certification.
Summary: This bill removes the real estate commission from the office of professional licensure and certification and re-establishes the duties of the commission and the executive director.
Property Owner Position: LimitedImpact
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
Subject: HB1580
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1580.html
Analysis Stated in Bill:
Talking Points:
We're basically just letting you know this bill is here incase you think it may impact you. We are also not sure of the reason why this bill was introduced. If you learn more please let us know.
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HB1370, 7 Days Eviction Notice
01/26/2016 at 10:00 AM LOB Room 208
Title: Title: relative to termination of tenancy.
Summary: This bill reduces the eviction notice from 30 days to 7 days in the following instances:
Failure of tenant to put utilities in their name when required to do so.
Someone staying in the unit who is not on the lease for more than 14 days consecutive or 30 days in a calendar year. There was also a very troublesome amendment added during the House session that requires all evictions to be filed in the venue where the property resides.
Property Owner Position: For, If venue amendment removed
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1370
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1370.html
Analysis Stated in Bill:
Talking Points:
There is a terrible “venue” amendment that was proposed at the Judiciary Committee initial public hearing now called "Section 3 relating to venue".
First we will address this “venue” amendment which take away a landlord’s option to hold eviction hearings in the court where the property owner resides.
It is our position that this amendment is far more troublesome to almost all landlords than the benefit of the reduced eviction notice times in the original bill.
Therefore, we are recommending that this amendment be taken off the bill. If the amendment is not taken off the bill we are recommending killing the entire bill.
Here are some thoughts relating to the amendment taking away a landlord’s option to hold eviction hearings in the court where the property owner resides.
a. Landlords have way way more eviction hearings than a single tenant so the jurisdiction really should be in the court where the property owner resides. Also, for one eviction the landlord needs to go to court to:
Get the LT-Writ
Deliver the served LT-Writ
Respond to a change of venue if requested by the tenant
Attend the hearing (where the tenant often does not show up)
Get the Writ of Possession.
4-5 times for the landlord. Way too much trouble for the landlord who is already inconvenienced by the tenant not paying rent.
Tenant only needs to go twice (file for hearing and possibly request change of venue which could be done by mail), attend hearing (which the tenant often doesn’t do).
0 to 2 times for the tenant.
b. Tenants can request jurisdiction be moved to their location which the court can grant if it sees the need.
c. Tenants very often don't even show up anyway. Requesting a hearing was simply a delaying tactic to achieve more “free rent”.
d. requesting a change of venue and not showing up to court is yet another delaying tactic to achieve more “free rent”.
e. If the tenant paid the rent it would not be an issue. The landlord is already inconvenienced by the tenant not paying the rent, providing free housing during the eviction process. Why make the eviction more difficult for the small businessman (landlord)?
Additionally,
This Section 3 relating to venue is not needed because present law already states that in cases other than non-payment the court “shall” transfer the venue. In cases of non-payment the court “may” transfer venue. The RSA is quoted immediately below.
“RSA 502-A:16-a. Change of Venue in Possessory Actions Regarding Residential Property
Venue in possessory actions concerning residential property brought pursuant to RSA 540 which are initiated in a judicial district other than that in which the defendant resides may be transferred as follows:
I. In cases based on grounds other than nonpayment of rent, venue shall be transferred to the judicial district in which the defendant resides at the request of the defendant.
II. In cases based on nonpayment of rent, venue may be transferred to the judicial district in which defendant resides when the court, in its discretion, determines that justice so requires.”
A plan language explanation of the above provision is already included on page two of the LT-Writ underneath the caption in bold titled “Information for tenant”.
Now on to the actual bill.
Last session, 2015, we attempted putting this bill through with the addition of unauthorized pets.
There was a large push back about the 7 day notice for unauthorized pets. This session we are submitting the bill without the inclusion of unauthorized pets.
This is one of the major bills this session and we still expect good sized push back and definitely need every one to show up at hearings and communicate to the committees and legislators to support this very important bill.
New Hampshire law allows a landlord in most residential tenancies to evict tenants by serving the tenants either a 7 days Eviction Notice or a 30 days eviction notice. Presently the 7 days eviction notice can only be used in certain limited circumstances. Those circumstances are: (a) non-payment of rent (b) substantial damages caused by the tenant, members of his family or guests (c) behavior by the tenant, members of his family or guest that adversely affects the health, safety of the landlord or other tenants or failure to accept temporary alternative housing during lead paint abatement. All other evictions require a 30 days Eviction Notice.
This bill has major advantages for landlords in dealing with the tenants who are purposely breaking the terms of a lease in the two circumstances outlined above, or do not have the financial means to abide by the terms of the lease.
HB1370, if enacted, would add two additional circumstances where a landlord could use a 7 days Eviction Notice. These two are:
(1) Failure to establish utilities in the tenant’s name or terminating utility service when the tenant is required to pay such under the terms of the lease. Please note, that each of the above categories has to be a breach of the lease. For those landlords who do not use leases, or do not prohibit these categories in their leases, they would not be able to use the provisions of this bill, if it became law.
(2) a person staying in the leased premises who is not a party to the lease, and does not have the consent of the landlord, for more than 14 consecutive days or more than 30 days in a calendar year
If a tenant does not put utilities into his or her name, or terminates utilities or has utilities shut off on them, one of two things could happen. The first is creating a risk of the building freezing during the winter. The longer the utilities are off, the greater the risk of damage to the building. The second is that the utilities are often transferred into the landlord’s name, and the landlord has to pay for services that the tenant agreed to pay for when the tenant signed the lease. Since a landlord may not terminate utilities on a tenant the landlord then remains stuck paying for a tenant’s utilities which the tenant should be paying per the lease agreement. Reducing the time that tenant had to use someone else’s services, would reduce the loss to the landlord. This is no different than a non-payment of rent, especially since rents are reduced when utilities, principally heat, is not included.
The bill would also allow the tenant to cure these lease violations and stop the eviction by having the utilities billed to the tenant and paying the landlord any costs the landlord incurred in the seven days. The tenant can only cure this violation three times in the last 12 months, however.
Extra people who move into our apartments, especially if the landlord pays for heat and hot water, use these utilities solely at the expense of the landlord. The additional people not only increase utility usage but also wear and tear of the apartment, again at the landlord’s expense. These people also are not parties to lease, many times do not know or care about the terms of the lease or the rules and regulations of the landlord, and have nothing to lose if they violate the terms of the lease. Since they are invited into the apartment by the tenant, the police are reluctant to issue a no trespass order. Basically, these extra people are living for free at the landlord’s expense. Some may even consider these people stealing our services. And what about those cases where an invitee of a tenant takes over the apartment saying they are the tenant but have never signed or agreed to any terms of the lease. People who are “crashing” at someone's apartment, can be a danger to the landlord and other tenants unless properly screened and approved.
The tenant can also cure the lease violation of an extra person living in the apartment by having the extra person permanently move from the apartment within the seven days. The tenant can only cure this lease violation once.
Landlords often get complaints from other tenants at the property about these issues. This bill would help landlords to more quickly address the concerns of other tenants in the building & enforce the terms of the lease more efficiently.
This is our bill and we need to fully support its passage. The “venue” amendment now "Section 3 relating to venue" was a surprise, is against us and we need to have it removed before passing the original bill as written.
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HB1204, Eviction Workout
01/26/2016 at 11:00 AM LOB Room 208
Title: Title: relative to payment of rent pending the stay of an eviction proceeding.
Summary: Provide statutory method for allowing eviction work out agreements which became disallowed in District Courts because of the NH Supreme Court Mountain View v. Robson decision in May of 2015.
Property Owner Position:
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1204
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1204.html
Analysis Stated in Bill:
Talking Points:
First thing to say is disregard the bill as originally written. We have been negotiating with NHLA on the language for this bill & have an agreed upon amendment which rewrites the bill. So do not spend much time reviewing the original bill. We are calling the amendment the “1/24/16 HB1204 RPOA NHLA Amendment”. Please urge legislators to pass the bill as amended by the “1/24/16 HB1204 RPOA NHLA Amendment.”.
Based upon RSA 540:13c, Landlords and Tenants have entered into agreements in eviction actions based upon non-payment of rent allowing tenants to remain in possession of the leased premises so long as they make payments that are written in the agreement. In many instances, the Landlord and Tenant agree to a schedule where the tenant pays rental arrearages, but is also required to pay future rent as it becomes due.
These agreements are advantageous to both the Landlord and the Tenant. The Tenant has the opportunity to remain in their home and not be evicted. The Tenant can pay the rental arrears over a period of time that they have negotiated with the Landlord, while the Tenant does not fall further behind in rent. This is particularly helpful to a tenant who fell behind in rent due to a sickness, injury or slowdown in work, who has subsequently overcome these problems.
The Landlord gains the opportunity to be paid the arrears, and future rent, without the need to file a new eviction action should the tenant not abide by the agreement.
However, the Supreme Court of New Hampshire, in the case of Mountain View Park LLC v. Robson, decided August 11, 2015, ruled that agreements entered into between Landlords and Tenants in non-payment of rent cases, cannot contain provisions regarding the future payment of rent. Any agreement containing clauses requiring the Tenant to pay future rent submitted by the parties to an eviction action based upon non-payment of rent will have to be rejected by the Circuit Court. This decision takes away from both Landlords and Tenants an effective tool to resolve eviction cases to their mutual benefit.
HB1204 as we have amended it revises the statute to specifically allow these type of agreements and spells out the procedures for the court to follow if the tenant fails to make payments as required by the agreement.
Please note that we did some research and found out that there presently is no statutory guidance or guidance in rules from Judge Kelly's office for the affidavit of non-compliance process. This means courts could get to the process where the tenant does not make payment and have sympathy for tenant and not order the writ of possession or severely drag this out. For instance, presently Derry court allows 10 days from landlord’s affidavit of non-compliance (tenant didn’t make payment) for tenant to respond and then it would schedule hearing. Based on our research many courts would be like Derry which is why we need the extra detail of the later part of this bill.R[-1]C
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HB1196, Higher Damage Amount In Eviction Case
01/26/2016 at 01:00 PM LOB Room 208
Title: Title: relative to the amount of a money judgment for unpaid rent.
Summary: Increases the amount of unpaid rent a landlord can seek in an eviction action from $1,500 to $5,000.
Property Owner Position: For, If Amended.
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1196
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1196.html
Analysis Stated in Bill:
Talking Points:
This bill amends RSA 540:13 by allowing the landlord to ask for a judgment of up to $5,000 of unpaid rent in an eviction action. The bill does not have any limit or does current law, on the amount a tenant can claim against the landlord in a counterclaim in the eviction action. (The upper limit of the amount claimed in a counterclaim most likely will be the maximum amount allowed in civil suits in Circuit Courts).
Although the bill initially sounds like a good idea, on closer inspection it poses a very serious problem. If a landlord were to claim damages in excess of $1,500, pursuant to RSA 502-A:14, a defendant can ask that the case be transferred to the Superior Court. If this happens, the entire action could be transferred, including the eviction case, and the delays can be substantial.
Currently, and under the bill, if the tenant files a counterclaim, and the court determines that the amount owed to the tenant equals or exceeds the amount owned by the tenant to the landlord, the judgment in the possessory action will be awarded to the tenant. The landlord could also be ordered to pay money to the defendant, and still have the defendant in his or her building.
A general recommendation for landlords, from attorneys specializing in landlord tenant law, is not to seek a judgment for unpaid rent in an eviction action to avoid the above. Commonly called “don’t check the box” (on the landlord and tenant writ). This is because if the landlord does not ask for a monetary judgment, the tenant cannot file a counterclaim.
We need to seek an amendment to the bill before we can support it. The bill has to allow the possessory action to stay in the Circuit Court and be heard as if there is no claim for unpaid rent or a counterclaim.
Otherwise, we feel this change to the law could be somewhat of a trap to unwary landlords.
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HB1260, Repeal Authority For Administrative Inspection Warrants
01/28/2016 at 01:40 AM LOB Room 301
Title: Title: repealing the authority of assessing officials to obtain administrative inspection warrants to complete property appraisals.
Summary: Repeals the authority of assessing officials to obtain administrative inspection warrants to complete property appraisals.
Property Owner Position: For
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB1260
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1260.html
Analysis Stated in Bill:
Talking Points:
This bill would repeal RSA 74:17 which states “ If the selectmen or assessing officials are unable to obtain consent to enter property for the purpose of obtaining information necessary to complete any inventory under this chapter or appraisal under RSA 75, they may obtain an administrative inspection warrant under RSA 595-B.”
Basically, municipal officials would not be able to obtain administrative search warrants under RSA 595-B.
We would like to know if there has been abuse of the warrant process. Despite lack of that knowledge some of us feel that in general less intrusion is better.
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SB395, Landlord Required To Install AC Units
01/28/2016 at 09:00 AM SH Room 100
Title: Title: relative to minimum housing standards for tenants with health or respiratory issues.
Summary: A bill to require, as a minimum housing standard, that landlords install and maintain air conditioning units for tenants with respiratory or other health related issues requiring air conditioning.
Property Owner Position: Against
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: SB395
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/SB0395.html
Analysis Stated in Bill:
Talking Points:
Short version:
This is an interesting story. At the initial House hearing it was revealed that the bill revolves around one incidence in the town of Tilton, NH where senior citizens are in great medical need of air conditioning and the management company may be trapped by HUD regulations & fire codes from allowing charities to donate money for handling the situation.
For instance, the town and different charities and donating time, supplies and money to solve the issue but we hear that by HUD regulations money donated to the seniors puts them above an income guideline.
This is an extremely localized problem related to one property in one town in NH.
Essentially the sponsors are attempting to solve their unique Tilton one property problem by forcing the bill onto every landlord in NH. It would be akin to killing an ant with a bazooka.
There is sympathy for the seniors in this situation so we need everyone to contact legislators to stop this bill.
More detail:
This bill would require that all residential landlords have properly working air conditioning units in apartments with tenants who have health issues requiring air conditioning. Further, the tenant can request that the unit stay in the apartment, even during the winter and when the landlord pays heat.
First, the bill if it became law, could be overly burdensome to many of us. We would have to buy air conditioners for everyone who claims such a health issue. It is unclear what type of machine would suffice. Would a standard window unit work without special filters? Do we have to install central air conditioning in each unit? Do we have to air condition every room in an apartment? How do we keep the tenant from stealing the air conditioners when they move out?
Second the bill is poorly drafted and not thought out. How is it determined who needs an air conditioner? What about the person with allergies who wants us to pay for the machine so he does not have to? This bill is ripe for abuse. The questions above also show the ambiguity in the bill.
What about municipal housing authorities running public housing. Will they have to install air conditioners? Who pays for it?
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HB1579, Regulation Of Out Of State Real Estate Brokers
01/28/2016 at 01:45 PM LOB Room 302
Title: Title: relative to regulation of the practice of out-of-state brokers by the real estate commission.
Summary: A bill regarding the regulation of out of state real estate brokers
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: HB1579
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1579.html
Analysis Stated in Bill:
Notes:
This bill would regulate or amend the regulation of out of state real estate brokers and salespersons in the sale of commercial real estate (all real estate except residences of four units or less). The out of state person would have to have a specified working relationship with an in state broker.
Talking Points:
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HB1150, UCC Failure to deliver goods
01/28/2016 at 03:00 PM LOB Room 302
Title: Title: relative to the penalty for failure to deliver goods under the Uniform Commercial Code.
Summary: A bill requiring triple damages for failure to deliver goods under the Uniform Commercial Code.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
Subject: HB1150
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1150.html
Analysis Stated in Bill:
Talking Points:
The Uniform Commercial Code governs the sale of goods along with other commercial transactions. It does not apply to real estate. This bill would be of some impact to us as apartment owners if a dispute arose over the purchase of goods such as appliances.
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HB1175, Post-Judgment Real Estate Liens
01/28/2016 at 03:00 PM LOB Room 208
Title: Title: relative to post-judgment real estate liens.
Summary: Clarification and detailing for RSA 524 liens on real property.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1175
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1175.html
Analysis Stated in Bill:
Notes:
This bill amends RSA 503, the statute on small claims, and RSA 524, the statute on court issued judgments. Current law allows a successful party in a small claims action to place a lien on the party’s real estate by recording a certified copy of the judgment in the registry of deeds where the property is located during the duration of the judgment.
The bill has the same requirements as current law, and it clarifies the procedures to be used to discharge the lien. It also makes it clear that the lien is effective for 20 years after the cause of action accrued. In addition, it addresses the procedure that has to be followed once the judgment is satisfied. The bill also give the courts authority to discharge liens when a plaintiff fails to do so, and makes it a class B misdemeanor to induce a court to execute a discharge on the basis of information and statements known to the person to be false.
The bill, if it became law, does not make any substantial substantive changes in the law. It does not add any additional procedures that we can use to collect on judgments from former tenants.
Talking Points:
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SB342, Business Profits Tax Changes
02/02/2016 at 10:00 AM SH Room 103
Title: Title: making certain changes to business profits tax provisions affecting a business organization when owners sell or exchange ownership interests in the business.
Summary: This bill makes certain changes to business profits tax provisions affecting a business organization when owners sell or exchange ownership interests in the business.
Property Owner Position: You Decide
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: SB342
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/SB0342.html
Analysis Stated in Bill:
Talking Points:
This is another bill that should be review by someone with knowledge of the business profits tax. Not sure we have the knowledge to take a position on the bill. If you learn more please let us know.
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HB1282, Adopt 2015 "Uniform" Codes
02/02/2016 at 10:15 AM LOB Room 306
Title: Title: relative to the state building code.
Summary: Update NH Building code by changing the date of publication of the various building codes from 2009 to 2015.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
Subject: HB1282
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1282.html
Analysis Stated in Bill:
Talking Points:
This bill simply incorporates into state law the latest additions of The International Building Code, The International Plumbing Code, The International Mechanical Code, The International Energy Conservation Code, and the International Residential Code. Without reading each code, and seeing the differences, it is impossible to determine how this will affect us.
This is another step in a movement that seems nation wide to move to "Uniform" codes for all states and even across multiple countries. A concern here is that somewhere committees of people that have "special" interests are adopting codes that states blindly adhere to and we have no representation or understanding of their affects on our business.
If you learn more please let us know.
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SB446, Building Code Requirements
02/03/2016 at 09:45 AM LOB Room 101
Title: Title: relative to requirements of the state building code.
Summary: This bill provides that any rule adopted by the state building code review board related to applications for permits under the International Residential Code shall require only such data as is reasonably required for the building inspector to act on the application.
Property Owner Position: For, Limited Impact
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
Subject: SB446
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/SB0446.html
Analysis Stated in Bill:
Talking Points:
We're basically just letting you know this bill is here incase you think it may impact you. Without any analysis it sounds like a good idead. If you learn more please let us know.
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HB1276, Property Tax Abatements
02/03/2016 at 10:00 AM LOB Room 208
Title: Title: relative to a taxpayer's application for a property tax abatement.
Summary: A bill that would allow taxpayers to raise constitutional issues in tax abatement cases.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1276
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1276.html
Analysis Stated in Bill:
Talking Points:
The bill is a short simple bill that would require municipalities to inform taxpayers that they can raise constitutional issues in abatement procedures. It would also allow constitutional issues to be heard at abatement hearings.
If the bill was enacted, we expect that abatement procedures could take longer and end up costing all taxpayers more money to pay staff and whoever hears the cases. We are also not sure what will be raised as a constitutional issue.
Not sure we have the knowledge to take a position on the bill. If you learn more please let us know.
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HB1618, License For Debt Adjustment Services
02/03/2016 at 10:00 AM LOB Room 302
Title: Title: relative to debt adjustment services.
Summary: A bill requiring Debt Adjustment Services be licensed.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
Subject: HB1618
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1618.html
Analysis Stated in Bill:
Notes:
This bill would repeal the existing statute on debt adjustment services, and if enacted would replace the old statute with a new statute. Basically, the banking department, under the new bill, will be licensing and regulating debt adjusting services to protect consumers.
Talking Points:
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HB636, Forfeiture Of Property
02/03/2016 at 11:00 AM LOB Room 212
Title: Title: relative to forfeiture of property.
Summary: This bill would revise the New Hampshire forfeiture laws – the laws that allows the state to take property that is contraband, property obtained due to a commission of a crime, and instrumentalities a person used in the commission of the crime.
Property Owner Position: For
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H34
Email to Committee:
To: 0
Subject: HB636
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB0636.html
Analysis Stated in Bill:
Talking Points:
The state will have the right to seize property that it believes was used in the commission of a crime.
Prosecutors only have to prove by a preponderance of the evidence that the property is related to the crime, therefore subject to forfeiture.
Law enforcement has a profit motive to pursue forfeitures.
Once property is taken, the burden lies on the innocent owner to defend against the forfeiture.
The bill gives an innocent owner a defense. Therefore, we support the bill.
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HB1219, Extend Time To Repurchase Tax Deeded Property
02/08/2016 at 01:20 PM LOB Room 301
Title: Title: relative to the repurchase of tax-deeded property by the former owner and the costs therefor.
Summary: This bill extends the time for a former owner to pay the costs of repurchasing a tax deeded property from the town and deletes a 15% penalty charge added to such costs.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB1219
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1219.html
Analysis Stated in Bill:
Talking Points:
The bill would be helpful to home owners in hardship cases but would only affect a small number of property owners which is why we listed it as “You Decide”.
One of the core team that analyzes bills is a town selectman and we have included his thoughts as a selectmen.
Selectman thoughts:
A municipality needs to plan on money just like a business. When taxes are not paid it hurts the 99% who do pay. We compensate for that with high interest rates and, eventually, taking the property. It is a long process but once all these years are up it is time to get things resolved. As it stands now, besides the 3 years to pay before the property is taken, there is also a 3 year option to buy the property back. This makes 6 years! That’s enough. If it is ultimately redeemed it is generally because there is a buyer in the wings meaning it has finally become profitable for the delinquent taxpayer to broker a deal. The 15% is a fair cut for the taxpayers who have held the bag for 6 years.
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HB1336, Double Interest Rate To Property Owner After Tax Abatement
02/08/2016 at 01:40 PM LOB Room 301
Title: Title: relative to interest on abatements of taxes.
Summary: This bill would increase the interest rate from 6% to 12% of the amount of taxes actually returned to a property owner after a tax abatement. The same would occur for so call jeopardy tax abatements.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB1336
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1336.html
Analysis Stated in Bill:
Talking Points:
The bill would only affect a small number of property owners which is why we listed it as “You Decide”.
There are different thoughts on our core team and are included below.
The increased interest rate is more in line with interest rates charged by other municipalities IE water dept, tax collector.
The advantage of the bill is that municipalities would be under more pressure to make correct assessments given the high interest rate. At the same time, the cities and towns would have more incentive to fight abatements. The higher interest rates could also potentially increase taxes for everyone in that community as the city or town would have to fund the payment of the interest from somewhere.
The doubling of the interest rate in the current low interest rate environment is troubling. It seems like an excessive amount to be paid.
One of the core team that analyzes bills is a town selectman and we have included his thoughts as a selectmen.
Selectman thoughts:
I, (selectman), know from my own experience that assessors are fair and have the sole objective of getting the values right. The selectmen in a town are the assessing officials (some towns have an “assessor” who does the work). However, when an appeal is made, the selectman review every case and call for the rational for every decision. We often find for the taxpayer. There is no axe to grind and there is no advantage being sought. Occasionally town gets it wrong. When that happens the taxpayer is granted relief and paid back at a very attractive interest rate. (Where anyone can place their money, risk free, at 6% these days). It is outrageous to think taxpayers should pay 12%, a punitive interest rate, when the town simply made a good faith, yet somewhat inaccurate, attempt to do a very hard job, set value on a particular piece of property.
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HB1559, Property Taxes Paid By Education Facilities Leasing Property
02/16/2016 at 11:10 AM LOB Room 301
Title: Title: relative to property taxes paid by education facilities leasing property.
Summary: A bill making changes in RSA 74:4 and RSA 75:1 related to chartered schools & qualified educational facilities leasing property.
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB1559
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1559.html
Analysis Stated in Bill:
Talking Points:
We're basically just letting you know this bill is here incase you think it may impact you. We are also not sure of the reason why this bill was introduced. If you learn more please let us know.
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HB1504, Tax Lien, Primary Residence
02/16/2016 at 10:30 AM LOB Room 301
Title: Title: relative to the execution of a real estate tax lien on a primary residence.
Summary: A bill that would prevent a tax collector from executing a tax sale of any person’s personal residence for unpaid taxes.
Property Owner Position: Against
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB1504
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1504.html
Analysis Stated in Bill:
Talking Points:
The bill would prohibit tax sales of a person’s personal residence. If someone did not pay taxes on his or her home, interest and penalties would accrue until that person died or moved out. A lien would be placed on the real estate, but depending upon the circumstances, the municipality may never be able to collect all back taxes due. During the non-payment period, all other taxpayers would have to pay more taxes to cover the taxes not collected. Since we own property besides our personal residences, we could be affected by higher real estate taxes.
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HB1109, Eminent Domain Evaluation
02/17/2016 at 11:00 AM LOB Room 208
Title: Title: relative to notice of offer for property in eminent domain cases and making the condemning entity liable for reasonable attorney's fees in certain cases.
Summary: This bill declares if it is determined that a property was undervalued by 20 percent, the condemning authority would be liable to the property owner for his or her reasonable attorney's fees. This bill also establishes 300% of fair market value for the notice of offers of property proposed to be taken by eminent domain.
Property Owner Position: Mixed
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB1109
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1109.html
Analysis Stated in Bill:
Talking Points:
We have different thoughts on this bill and are just letting you know it is here. We are also not sure of the reason why this bill was introduced. If you learn more please let us know.
Most of us will most likely not be involved in an eminent domain action. However, if one of our properties is the subject of such an action, it would be nice to know that if the property owner successfully challenges the government’s valuation that there is a possibility the government will pay the property owner’s attorney fees.
Contrasting to this, we believe it is customary for the town to get an independent appraisal of value. If the property owner were to loose the challenge the property owner would not be liable to the town for attorney fees. So if the town were to loose the challenge then why would it pay attorney fees of owner.
Regarding 300% of property value. Although it would be nice to receive that the rest of us would pay it in increased property taxes and it could have a big dampening effect on any projects that the town legitimately needs to accomplish. Seems a questionable policy.
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HB1407, Property Tax Credit For Home Health Care Services
02/16/2016 at 09:30 AM LOB Room 301
Title: Title: establishing a property tax credit for persons providing certain home health care services for a family member.
Summary: A bill establishing a property tax credit of $750 for persons providing certain home health care services for a family member.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB1407
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1407.html
Analysis Stated in Bill:
Talking Points:
This bill would grant the owner of a residence who provides in the residence during the majority of the year home health care for someone requiring continued health care a tax credit of $750. The bill does have more definition then in this summary. The bill also includes procedures for applying for the tax credit.
It is well recognized that providing home health care is difficult, but also saves money. It does help keep some people out of nursing homes, which could be at the state’s expense under Medicaid once the person in need of care spends down their funds.
Funding the tax credit would be on all the other taxpayers in the municipality.
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HB1509, Definition of "houseboat."
03/01/2016 at 11:00 AM LOB Room 203
Title: Title: relative to the definition of "houseboat."
Summary: As stated the bill modifies the definition of "houseboat."
Property Owner Position: You Decide
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H27
Email to Committee:
To: 0
Subject: HB1509
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2016/HB1509.html
Analysis Stated in Bill:
Talking Points:
This bill would exempt sailing vessels used to train youths in maritime skills programs from the definition of houseboats under RSA 270-A.
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