Howdee everyone,
Important Updates:SB247, Lead Law
Action items this week:
1. Review the detailed summary SB247, Lead Law, immediately below.
2. Contact the Senate Health And Human Services committee and ask them to work from the amended bill from commission and to vote in our favor with detailed reasons why.
Jeb.Bradley@leg.state.nh.us; Kevin.Avard@leg.state.nh.us; James.Gray@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; martha.hennessey@leg.state.nh.us;
3. Plan to be available to show up to hearings when the bill is scheduled. Could be next week.
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,
Many of the bills have updated an updated statusSee Bills Updated Status summary below
In particular not the status bills where we have a position For or Against that bill.
Hearings this week:02/15/2017 at 09:00 AM LOB Room 101
SB53, Regulation of Appraisers
Level of Response: You Decide
Property Owner Position: You Decide
02/15/2017 at 09:00 AM SH Room 100
SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
Level of Response: Email legislators Call Legislators
Property Owner Position: For
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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SB247, Lead LawTime not specified
Title: Title: preventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
Summary: This is a massive change to the lead law. Full detail is in the talking points.
Property Owner Position: Mostly Against, Partly For
Link to Committee Info: http://gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S26
Email to Committee:
To: Jeb.Bradley@leg.state.nh.us; Kevin.Avard@leg.state.nh.us; James.Gray@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; martha.hennessey@leg.state.nh.us;
Subject: SB247
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0247.html
Analysis Stated in Bill:
Talking Points:
There could easily be major confusion regarding the lead bill, now SB247, released 2/9/17.
What was released is the original bill before the many amendments worked out in the last sessions of the lead commission. The lead commission attempted to have the office of legislative services, OLS, release the amended bill but OLS did not get to it in time and released the original bill. Please work from the Amended bill.
Attached are both
the original bill, “170208 SB247 OriginalBill HTMLWithoutLineNumbers ToBeReplacedByAmendedBill.pdf”
& the amended bill, “170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf”
The bill is planned to be substituted at the first Senate committee hearing. Please make your comments based on the amended bill attached.
We will watch carefully to make sure the amended bill replaces the original but to be extra safe when your write to Senate committee please tell them to work from the amended bill not the original. Obviously if the original bill goes forward we would want it killed immediately.
The bill has an enormous amount of sections and detail. To walk you through the bill we have divided the bill in to categories. In each category you will see the section numbers of the amended bill that relate to that category.
After much analysis a short version of the bill is that there is very little benefit to property owners and many provisions that will hurt landlords and the rental real estate industry.
Note:
EMP = Essential Maintenance Practices
BLL= Blood Lead Level
Categories covered below:
Schools, Day Cares
Water Utility Companies identify & disclose lead, prevent lead in water
Sales disclosure relating to lead
BLL Testing, increase screening rates
Restrict DHHS "belief" authority to conduct investigations (which trigger lead abatement orders)
Notification of any positive blood lead level
$3Million fund to pay for lead remediation. (Remediation of Lead in Water and Rental Housing Fund.)
Essential Maintenance Practices
Change Whole Building Approach to Phased Approach >=10ug/dl
Change abatement action from 10 to 5 ug/dl
Lead testing in Water
Landlord & Tenant 540-A requirements & remedies
RRP Information - Building permit
State run RRP
Effective Dates
Schools, Day Cares
Landlord Position: Most Neutral, a few For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 14
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 15
EMP is mandatory for child day care.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 23
Schools have to address lead in drinking water.
Neutral:
This is not directly our area of concern. However, whatever comes about for schools and day cares will eventually be imposed upon landlords as children spend more time at home than anywhere else.
For:
Schools should be held to the highest drinking standards. Won’t affect most schools since most were built after lead solder was banned and certainly after lead pipes were discontinued. Finally, lead in the environment is a societal issue, not one created by landlords. Schools are owned by society.
Water Utility Companies identify & disclose lead, prevent lead in water
Landlord Position: Most For, a few against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 24
Public Water Systems and Privately Owned Redistribution Systems
For:
In other words, make sure the water being delivered to our properties is good before we are required to remediate lead in water which might not be from our building but actually delivered to us with lead in the water already or leaching from distribution systems because the water it too corrosive.
However, the wording seems weak. Water systems have to make reasonable efforts but don’t have to excavate to prove anything. Still it is a good start.
Makes no sense to address the effect without addressing the cause. An easy source of lead to identify and a broadly distributed product that requires quality assurance.
Against
because of additional cost
Sales disclosure relating to lead
Landlord Position: Most Neutral, some For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 22
Modifies the existing disclosures given on the sale of real estate to include more information about lead.
We have no issue with informing buyers about lead.
This is a very low cost item to implement, and more information being given to buyers, many of whom maybe first time buyers looking to start a family could help reduce lead poisonings. Children who live in single family homes are a significant percentage of the children who have been found to have high blood lead levels.
BLL Testing, increase screening rates
Landlord Position: Most Neutral, a few For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 4
Move all NH municipalities to universal testing meaning all 1 & 2 years old children would be tested for lead. Screening rate in NH are exceptionally low in the range of 16% are tested now. The legislation creates a push to get the rate closer to 85%. It is said that Vermont screening rate is about 82%.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 5
Another provision makes it so no child admitted to public school without having had a prior lead test. However, parents may choose to refuse to have the child tested.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 16
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 17
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 18
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 19
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 20
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 21
Insurance must cove blood lead testing.
Historically landlords have stood aside on the issue of testing. Higher testing rate will increase the number of detected BLLs and consequently result in more lead abatement orders. However, it is smart for the child’s health to know if they are or are not having an issue with lead.
Restrict DHHS “belief” authority to conduct investigations (which trigger lead abatement orders)
Landlord Position: All For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 3
Common knowledge is that abatement orders are only triggered when a child measures at or higher than the action level (presently 10 ug/dl). What is not known is that present law says DHHS commissioner may to conduct investigations when there “is reason to believe” a lead hazard exists. The department has said
“several years ago we were contacted by EPA to visit a residential job site that where there were construction activities that we not being conducted with Lead Safe work practices. During the visit a very young child was identified in the mist of the construction debris. The child was observed licking the windows in the middle of all that construction dust and debris. The HHLPPP conducted an investigation and issued an Administrative Order of Lead Hazard Reduction. This is the only case that I have knowledge of in the history of the program.”
Regardless we don’t like that the law can give an option as drastic as an abatement order based on reason to believe.
An offer was made to change that portion to probable cause. Not a great change but at least something.
We would also like to see language to allow landlord to get info about what constituted the “probable cause” so the landlord could possibly challenge it if a challenge seems warranted.
Notification of any positive blood lead level
Landlord Position: All For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 6
In present law we already get notices from 5 and above. This would give us something we have asked for over many years, notification at any positive level of a venous blood test.
None of us want to poison children and we will take appropriate proactive & corrective actions when we know there is a problem! Let’s catch the problem as early as possible. Good for the child; good for the landlord.
We cannot address a problem if we do not know it exists. If any landlord makes sure that at the commencement of a tenancy there is no peeling, caulking or flaking paint, but over time, use of the apartment, and damage to the paint surface creates a lead hazard, the landlord would most likely not know about it until
the tenant informs the landlord, which tends not to occur if the tenant caused the damage,
an inspection of the apartment, the tenant vacates, or
the notification on the positive level.
The sooner the lead hazard is remedied, the better it is for child not to be injured from the lead exposure.
From the Bill:
“…if a venous blood test demonstrates the presence of lead at a level less than 5 micrograms per deciliter is found in the child’s blood. Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction. Such notice shall include information about the health hazards of lead poisoning, state standards for identifying and eliminating lead hazards, and
the federal Renovation, Repair and Painting Program, and Essential Maintenance Practices. It
shall contain information about the lead exposure risks associated with not complying with lead-safe renovation, repair and painting practices as well as information about requirements that will come into effect in the event a child is documented with a venous blood level of 5 micrograms per deciliter or higher.”
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 7
Notification to the parent
From the bill
“…Such materials shall inform parents who are tenants to work with the property owner and advise against engaging in renovation, repair or painting activities themselves.”
$3Million fund to pay for lead remediation. (Remediation of Lead in Water and Rental Housing Fund.)
Landlord Position: All For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 33
Present landlords did not create this problem, the government authorized and in some cases required use of lead paint. Landlords should not be entirely responsible for fixing it. Some fund, from someplace, needs to be established so that society can pay for society’s problem.
Presently there is no state provided funding for lead remediation and the HUD grants administered by Manchester, Nashua & the state have strings attached that sometimes make the money unavailable .
The paint can fee previously talked about has been dropped because several contacts in legislature have said the paint can fee which has previously been charged is dead on arrival.
The remediation fund would be established by a $3 Million allocation from the state general fund for the fiscal year ending 6/30/18 & next ending 6/30/19.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 9
There is a proposal that this fund be administered using a simple voucher system that would effectively give landlords a flat price per window, per door etc. The target is reimbursing approximately 50% of average labor and materials. The reimbursement would be for landlords that voluntarily comply with Essential Maintenance Practices and are proactive at remediating lead hazards.
It would be available for property owners that voluntarily complied with the EMP program.
It would not be available for property owners who have a child with an elevated level or an enforcement action by DHHS.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 11
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 12
Section 11 & 12 establish the fund
We would want to have put into the statute that the fund could not be used for administrative or other uses outside of lead remediation. We would also want landlord input on creation of the rules. We would also want to see Non-profits restricted from its use because they already get grant funding.
Also use of this fund is tied to complying with EMP. The original plan was to have a paint can fee or other funding mechanism that would be on going. This proposal would only have money for 2 years and leave the landlords with the new EMP bureaucracy. The landlords on the commission have often said "No money no bill"
Essential Maintenance Practices
Landlord Position: Most Against, some Neutral
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 13
An EMP program has been active in Vermont for several years. There it is mandatory with a small release of liability incentive. It is said that only about 20% of property owners comply.
In the original meetings of the lead commission, EMP advocates were adamant that EMP would be mandatory but this final version has EMP voluntary unless a child had an elevated lead level.
II. There will be a training which presently is thought to be something simple on line with the idea that most everything in the EMP is already taught in the RRP.
The requirements are: (From the bill)
(a) Annual visual inspections of interior and exterior surfaces to be conducted by the
owner or his or her delegate to identify lead hazards.
(b) Safe repair of any lead hazards identified during annual inspection as soon as
practicable and no later than 60 days following annual inspection.
(c) Installation of vinyl window-well inserts in windows with wells or sashes containing lead-based paint.
(d) Specialized cleaning at the time of tenant turnover, after any work that disturbs painted surfaces, and at least annually in interior common areas.
(e) The removal of visible paint chips from the ground of outdoor areas within 10 feet of the building, including outdoor porches and stairs, and from any play areas.
(f) Compliance with the federal Renovation, Repair and Painting Program in the event of renovation, repair or painting activities.
(g) Annual certification by the owner that essential maintenance practices have been implemented, with such certification to be notarized and retained for a minimum of 3 years.
(Current plan is the owner self certifies and holds the records).
III allows for owners to make a plan to come into compliance over time and still qualify for the use of remediation fund.
IV. Lead paint must not be left exposed.
(need to define what exposed means) (Can we just put layer of paint over exposed lead based paint?)
Tom Irwin thinks that would be something left to rule making. Also, he would think to 2 coat alternate paint method could be accepted with maybe a runner or some kind of middle tread could be acceptable.
This section is more than the annual inspection. It just says:
“IV. Exposed lead-based paint on any interior or exterior floor, including, but not limited to,
stairs and porches and stairs, shall not be permitted.”
V. EMP mandatory for licensed child care facilities and properties where child measured >=5ug/dl BLL.
EMP shall not apply where a licensed lead inspector has certified that no lead-based paint is present.
VI EMP shall not be required for an owner occupied dwelling unit.
VII There are two incentives “carrots” for property owner that voluntarily comply with EMP:
1: some release of liability
“the owner shall not be liable for breach of warranty of habitability release to lead-based paint and shall also be entitled to a rebuttal presumption of having exercised due care relative to preventing lead hazard exposures, provided the property owner demonstrates having complied with essential maintenance practices during the time period relevant to a lead-based legal action.”
2: use of a new easy to use lead remediation fund to pay approximately 50% labor & materials for small to large project work.
While most of the requirements for the EMP is fairly minor, the covering of exposed lead paint on floors could be quite costly to landlords. Use of the fund to pay half would be helpful but still could cost a sizeable amount for some landlords and we don’t have any such requirements now.
This is yet another regulation and bureaucracy. It also establishes another duty of care that could be used to civilly sue a landlord. Of concern is that a visual inspection can be challenged. For instance, does the landlord have to move furniture to check baseboards? Some people rearrange furniture so a baseboard behind a couch or bed may become exposed.
Some are concerned that there is another area where " the department may adopt rules including but not limited to"… Will these rules be difficult and costly to comply with?
Many on the core team of landlords could be convinced to be for voluntary EMP is If we get $3 million remediation fund.
Change Whole Building Approach to Phased Approach >=10ug/dl
Landlord Position: All Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 3
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 8
This changes the lead order process from the present abate entire building with abatement rules all at once method (whole building approach) to a method of abating the primary unit and units with children and pregnant women plus common areas accessible only to those units right away then the remainder at tenant turn over but no later than 5 years. (phased approach).
We originally negotiated this important benefit for landlords thinking we were getting a positive change but have learned and confirmed that in fact present law already allows for a variance process that can accommodate a “phased” approach with no time limit or other restrictions. This option is not in the law but rather in the rules.
It is better to have an advantage in law over having it only in rules. However, this “phased” approach in the law has limitations that are not in the present rules variance process.
To get the variance a property owner would need to make a definite plan, keep children safe, and make positive progress on the plan. The DHHS is already having some property owners using this phased method successfully.
Since we already have a variance process that is better than what is offered in this bill it does not make sense to accept more restriction with the version in this bill.
However, at some point we may want to attempt defining the variance phased approach into the law so that DHHS can not take it away in the rules.
Change abatement action from 10 to 5 ug/dl
Landlord Position: All Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 2
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 10
Landlords currently have no mandated requirements between 5 and 10 ug/dl. This section would establish requirements but they would be very flexible.
In 2015 there were 81 children measuring >=10ug/dl. There were also 548 children measuring 5 to <10ug br="" dl.="" id="yiv6370947356yui_3_16_0_ym19_1_1486947155947_6541">If screening rates move from 16% (ballpark present rate) to 85% (desire goal of the lead commission) then the number of cases requiring some action in the 5 to 10 range could approximate 548/16*85=2911.
Originally, this was considered by landlords on the commission because it offered a creative approach to BLLs between 5 to 10 and we were going to get the $3Million annual fund and a big advantage with phased approach for case >=10 ug/dl.
This “deal” is falling through because
word in the legislature is that we will not get the money and if we do it is only for 2 years and not annually,
the phased approach is giving us nothing because we already have a variance process better than that in present law.
Also there is a high fiscal note cost for DHHS to administrate the new provisions of this bill.
We feel is would be too costly for the state and too costly for landlords to go to 5.
As we said before “No money, No bill”.
This provision is explained below:
DHHS provides notice to parents
that advises the importance of periodic blood lead level testing. If the parents are tenants of a rental property, the notice shall also include information about actions that the property owner is required to take, and about the importance of cooperating with such actions.
DHHS provides notice to property owners of the requirements in this section (5 – 10ug/dl).
The notice shall also contain information about the risks associated with not complying with lead safe practices.
One of the significant parts of this section is that it is a move away from one of our long term complaints of “one size fits all” law. This section allows an extreme flexibility to avoid a lead abatement order to the property owner that is proactive at handling lead hazards in a lead safe way and protecting children and comes down much harder on the property owner that does not handle the situation well or at all.
From the bill:
III. If the child resides in a leased or rented dwelling or dwelling unit, the property owner
or agent thereof shall, no later than 20 days after receipt of the notice required in RSA 130-A:4-a,II, provide the department with a work plan to reduce the risks of lead exposure developed in accordance with the department’s standards by a certified risk assessor, a certified lead abatement contractor, or
an individual certified under the renovation, repair, and painting program. If the department does not respond within 14 days of acknowledged receipt of the work plan, the work plan shall be deemed approved. Implementation of the work plan shall be completed within sixty days of the date it is deemed approved by the department, except that the department may for good cause allow additional time, provided steps are taken to protect tenants during such additional time.
(Simple version of IV says if the property owner does nothing or child’s BLL does not go down then full lead abatement order process will apply).
IV. If a property owner is required to comply with RSA 130-A:4-a,III, the department shall initiate an investigation of the property pursuant to RSA 130-A:5 if (a) the property owner fails to comply with RSA 130-A:4-a,III, or (b) the child’s blood lead level remains at a level of 5 micrograms per deciliter or higher 60 days or more after the date required in RSA 130-A:4-a,III for completion of work plan implementation, or (c) another child residing at the property is documented with a blood lead level of 5 micrograms per deciliter or higher 60 days or more after completion of work plan implementation under RSA 130-A:4-a,III, or (d) a child who resides at the property is found to have a venous blood lead level of 10 micrograms per deciliter or higher.
V. Following completion of work plan implementation under RSA 130-A:4-a,III, the
property shall be subject to the essential maintenance practice requirements established in RSA 130-A:20 and associated rules.
Lead testing in Water
Landlord Position: Most Against, a few Neutral
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 28
Present law has no requirement for testing lead in water. There is a huge push across the nation for something to be done about testing for lead in the water because of “Flint, Michigan”.
Landlord core team is against this provision because as state in the first section.
Make sure the water being delivered to our properties is good before we are required to remediate lead in water which might not be from our building but actually delivered to us with lead in the water already or leaching from distribution systems because the water it too corrosive.
Some background information:
DHHS has in 2016 been doing water testing during abatement order process. They have conducted about 40 water tests. They say none of those have been above the EPA limit. In fact none of them have test above the detection limit.
It seems to us that this section is putting a cost on to landlords to address a problem that does not exist.
We understand that the state has a lab in the DES building that could do the test. How about having them do the water test at no charge for any landlord or tenant at no charge?
What’s in this section:
Landlords, under the bill, are required to test for lead in drinking water within one year of the bill passing, and at any time a child tests positive for lead. If lead is found to exceed EPA standards, the landlord shall notify the tenant and prospective tenants within 60 days of receiving the water test results, and take reasonable remediation steps. This can be installing a certified water filter on the kitchen sink. Using a water filtration pitcher may also be acceptable.
Originally landlords were against this section feeling that first efforts at lead in water should be with the companies supplying the water.
There is also planned to be the $3 Million remediation fund established that would give money at 50% labor and materials that could be used for lead remediation including lead in water for property owners voluntarily complying with EMP. The fund is planned to be simple to use with very little strings attached.
Landlord & Tenant 540-A requirements & remedies
Landlord Position: Most Against, Some Neutral
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 25
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 26
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 27
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 29
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 30
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 31
Unlike other prohibited practices, such as shutting off a utility where the improper action is clear and easily discernable, there is an evidentiary issue of proving that chipping, pealing or chalking paint contains lead, and what would have to be alleged in the petition to obtain an ex-parte or temporary order. How is a judge to know if there is lead? A person with training should do the testing, such as a building inspector or a DHHS employee, and not the tenant.
This section does award damages to a tenant for a willful violation by the landlord, but does not award a landlord damages for a willful violation by the tenant.
Section 29 Landlord must comply with lead law.
Well that is obviously already the case.
This could be used as weapon by tenant against the landlord when relationship with landlord is strained or tenant is behind in rent. Also could be used to set up a retaliatory eviction defense.
We recommend leaving this to a neutral third party like a building inspector using present systems.
Section 30 & 31
No damages, except for willful violation, if landlord not complying with lead law but landlord would still be subject to injunctive relief and failure to comply could result in contempt of court.
Damages for tenant’s willful violation not included.
Section 25 gives no real benefit because willful (knowingly) creation of lead hazard would have to be proved.
Additionally
We already have ability to seek court order to enter an apartment to perform maintenance using RSA 540-A:3 V & 540-A petitions.
Here is a summary of this category’s sections:
These provisions are not in present law.
The section numbers at the end of each paragraph are the section numbers in the bill.
These sections amend RSA 540, which contains the rules regarding evictions, and RSA 540-A, which is the Prohibited Practices Act. The sections increase both landlord and tenant responsibilities, and gives both the ability to seek a court order to enforce those responsibilities.
Landlords cannot willfully fail to comply with the applicable laws concerning lead. (Section 29)
Tenants will have to:
1. Comply with the reasonable written instructions of the landlord, the landlord’s agent or contractor, to prepare the unit for remediation of a lead hazard (also insect or rodent infestation) as long as the instructions are given to an adult member of household and the tenant has a reasonable time to prepare the unit, which has to be at least 72 hours. (Section 26)
2. The tenant cannot refuse to allow the landlord to enter the unit after 48 hours’ notice, to evaluate if a lead hazard exists, when the landlord has been notified by the tenant or a public health official of a potential hazard. (Section 27)
Although landlords and tenant will be able to seek a court order to enforce the above using RSA 540-A, which is the simple fill in the form petition to the court, neither will be able to seek the $1,000 fines that can be imposed for other violation of that statute, except when a landlord willfully violates a court order. In that situation the landlord is subject having to pay damages, costs and attorney fees. (Sections 30 and 31). However if a tenant willfully violates a court order, the tenant is not subject to damages, costs and attorney fees.
The bill also includes a provision that it will be grounds for an eviction, with a 7 days’ notice, for a willful creation of a lead hazard exposure, as defined in RSA 130-A:1, XVI, by the tenant, members of his household, or guests (Section 25).
A lead hazard exposure is defined in RSA 130-A:1, XVI as follows:
"Lead exposure hazard'' means:
(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than 1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;
(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;
(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or
(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than 400 parts per million of lead in bare soil in children's play areas or 1,200 parts per million average for bare soil in the rest of the yard.
RRP Information - Building permit
Landlord Position: Mixed, Most Neutral, Some For, a few Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 31
Note: This will educate owner occupied residences as well. Children who live in single family homes are a significant percentage of the children who have been found to have high blood lead levels. In addition, RRP already exists. If everyone disturbing lead paint was using RRP we would have less lead hazards, less children with elevated BLLs and less lead orders.
Initial phase would only be handing out info on RRP to applicant.
In the second phase building permit would require a certification that RRP will be used if RRP would be required.
Please note that everyone disturbing lead paint who receives compensation (like receiving rents) should be already be using RRP methods.
Also please note that this does not require more building permits than what is presently required.
State run RRP
Landlord Position: All Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 1
Presently the EPA runs the RRP program for the country and NH. 14 state in the country have decided to run their own RRP program.
In this provision NH DHHS would take over running the RRP including some rule making authority.
Notice that the bill addresses one of our concerns by limiting DHHS so they can not “tighten” the RRP rule but would allow DHHS to enforce it which includes certifications, fines and fees.
Most landlords we have spoken to do not want to see another bureaucracy created and don’t want to give DHHS “one foot in the door” and have them come back in a few years and tighten the RRP rules. The RRP rules as administered by the EPA are quite reasonable and we don’t need to provide opportunity for the state to make them worse. As originally designed by the EPA a contractor with EPA certification can work in any state. With state taking over running the RRP these same contractors would have to acquire certification in each state. We have seen DHHS quite over zealous in applying their rules and are concerned to give them yet another domain to control.
Effective Dates
Landlord Position: Most Neutral, a few against
Insurance coverage
I. Sections 16, 17, 18, and 20 shall take effect October 1, 2017 at 12:03 a.m.
Health Services Corporations, Health Maintenance Organizations coverage
II. Sections 19 and 21 shall take effect January 1, 2021 at 12:02 a.m.
III. The remainder of this act shall take effect 60 days after its passage.
The few against say:
This bill is so large and complicated that expecting everything to occur in 60 days is not going to happen. If the bill survives make it become effective on January 1, 2018.
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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.
HB117, Tax exemption to assist elderly or disability
Title: relative to the property tax exemption for improvements to assist persons with disabilities.
Property Owner Position: For
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB172, Enabling Counties to borrow against anticipated taxes
Title: relative to tax anticipation notes in counties.
Property Owner Position: You Decide
General Status: HOUSE
House Status: PASSED/ADOPTED
Senate Status: none
HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
Title: exempting certain building plans from the right-to-know law.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB359, Returning A Percentage Of The LCHIP Fee
Title: relative to returning a percentage of the LCHIP fee to the municipality where the real estate transfer from which the fee originates is located.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB386, Technical Corrections To The Education Tax Credit
Title: relative to technical corrections to the education tax credit statute.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB415, Establish an Income Tax, Reduce or Eliminate Other Taxes
Title: reducing business taxes, repealing certain taxes, establishing an income tax, and requiring payment by the state of a portion of retirement system contributions of political subdivision employers.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB440, Repeal Interest & Dividends Tax
Title: repealing the tax on interest and dividends.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB324, Valuation Of Utility Property
Title: relative to the valuation of utility property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB529, Phase Out The Interest &
Dividends Tax
Title: phasing out and repealing the interest and dividends tax.
Property Owner Position: You Decide
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB489, Commission To Study The Tax Structure Of The State
Title: establishing a commission to study the tax structure of the state.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB531, Increase Minimum Gross Business Income Required For BPT
Title: increasing the minimum gross business income required for filing a business profits tax return.
Property Owner Position: For
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
SB69, Requiring Sex Offenders To Register On-Line Identifiers
Title: requiring registered sex offenders to report online identifiers.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REPORT FILED:
HB568, Taxability Of Lease Interests In Public Property
Title: relative to the taxability of lease interests in public property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB566, Repealing The Community Revitalization Tax Relief Incentive
Title: repealing the community revitalization tax relief incentive.
Property Owner Position: Against
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
SB80, Veterans Tax Credits
Title: (New Title) relative to implementation of the all veterans' tax credit, and relative to applications for recovery from the FRM victims' contribution recovery fund.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: PASSED/ADOPTED WITH AMENDMENT
HB644, Extending Interest and Dividends tax to Include Capital Gains
Title: extending the interest and dividends tax to capital gains, increasing exemptions from the tax, and providing for retirement system contributions on behalf of employers other than the state.
Property Owner Position: Against
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB623, Abandonment Of Animals In A Foreclosure
Title: relative to animals abandoned in the foreclosure process.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB654, Regulation and Rooms & Meals tax for short term rentals
Title: relative to short-term and vacation rentals under the meals and rooms tax.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
SB229, Eminent Domain Pipelines
Title: relative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REPORT FILED:
SB53, Regulation of Appraisers
Title: relative to regulation of appraisal management companies by the real estate appraiser board.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
Title: establishing a committee to study the tax characterization of stormwater utility fees.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
==============================================
Full details on all bills above:HB117, Tax exemption to assist elderly or disability
01/11/2017 at 10:00 AM LOB Room 301
Title: Title: relative to the property tax exemption for improvements to assist persons with disabilities.
Summary: Provide, upon application, an assessment exemption for improvements for elderly (over 65), improvements can include standby generators. The bill also makes current statute gender neutral
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB117
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0117.html
Analysis Stated in Bill:
Talking Points:
Allows owner occupiers an offset, from assessment, for the amount of improvements for disabled or elderly . Similar to current solar exemption. Section II; the owner should not have to reside in the property for the exception. If a lanldord makes an improvement for an elderly or disabled tenant it should also count. IV should read same year not some year.
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HB172, Enabling Counties to borrow against anticipated taxes
01/11/2017 at 10:00 AM LOB Room 301
Title: Title: relative to tax anticipation notes in counties.
Summary: This bill would give counties the authority to borrow against anticipated taxes for current expenses. We don't see any direct impact on residential landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB172
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0172.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. 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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HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
01/19/2017 at 10:00 AM LOB Room 208
Title: Title: exempting certain building plans from the right-to-know law.
Summary: The bill would exempt " Building plans and construction drawings submitted in connection with a local building permit process" from the right to know law.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB109
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0109.html
Analysis Stated in Bill:
Talking Points:
This can be interpeted that no building plans are subject to public review, including abutters who may want to review plans and appear at public hearings.
Some of us are for this bill:
Keeping plans of public buildings, such as schools, city halls and offices, jails, and prisons confidential to avoid aiding a terrorist would be acceptable, but not every plan.
Others are against:
For purchasers of property, plans available to the public are useful sources of due diligence. They are on the same level as mortgages and deeds being available and should continue to be so. However, one could make the argument that these plans would be considered proprietary information of the property owner.
=====================
HB359, Returning A Percentage Of The LCHIP Fee
01/19/2017 at 02:15 PM LOB Room 202
Title: Title: relative to returning a percentage of the LCHIP fee to the municipality where the real estate transfer from which the fee originates is located.
Summary: Seems to have little impact on landlords.
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB359
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0359.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
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HB386, Technical Corrections To The Education Tax Credit
01/24/2017 at 10:50 AM LOB Room 207
Title: Title: relative to technical corrections to the education tax credit statute.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H05
Email to Committee:
To: HouseEducationCommittee@leg.state.nh.us
Subject: HB386
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0386.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
=====================
HB415, Establish an Income Tax, Reduce or Eliminate Other Taxes
01/24/2017 at 02:00 PM LOB Room 202
Title: Title: reducing business taxes, repealing certain taxes, establishing an income tax, and requiring payment by the state of a portion of retirement system contributions of political subdivision employers.
Summary: This bill would establish a state income tax, including employer withholding and the filing of estimated taxes, and all the procedures associated with the collection of income taxes. It would reduce some business taxes. There is a long fiscal note to the bill, which shows that it is unclear how the bill would effect state revenues. It appears that the bill would shift some tax burden from businesses to all people with income or earned income in New Hampshire.
This short summary is from the fiscal note: "This bill reduces the business profits tax rate from 8.2 percent to 4 percent; repeals the business enterprise tax, statewide education property tax, utility property tax, and interest and dividends tax; establishes an income tax of 3.95 percent; and requires the state pay 35 percent of contributions of retirement system employers other than the state for group I teachers and group II members beginning in FY 2021."
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB415
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0415.html
Analysis Stated in Bill:
Talking Points:
There are different opinions on this bill. It is highly complicated. To properly analyze it would require a tax specialist. Here are a few thoughts:
Net effect to Landlords could be a significant reduction in taxes (eliminate state wide property tax). However, there are a host of issues.
Strongly against any form of income tax. Sales tax makes more sense
The bill is complicated, and there is no way for us to predict how the bill, if enacted would effect us. It would reduce the real wages of the working class by taxing their income, which could affect their ability to pay rent.
With a Republican Governor and Legislature, it is unlikely the bill would pass or be signed into law by the Governor.
A big concern with a new tax or expense that will “lower” another tax is that in a few years the tax that was lowered is right back where it was or is even higher and our total tax is significantly higher than it used to be. Most of us in business would like to have smaller government. One way to keep smaller government is for it to have less money.
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HB440, Repeal Interest & Dividends Tax
01/25/2017 at 09:00 AM LOB Room 202
Title: Title: repealing the tax on interest and dividends.
Summary: This bill would repeal the Interest and Dividends Tax on January 1, 2018.
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB440
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0440.html
Analysis Stated in Bill:
Talking Points:
There are different opinions on this bill. The total effects of repealing the Interest & Dividends tax are unknown. There is once again divided opinion on the analysis team. Here are a few thoughts:
We are unfairly taxed on our income unlike general population.
The Governor and the Legislature always has to work very hard to balance the budget every year. Reducing revenues would result in reductions of state services or an increase in other taxes. It could potentially raise real estate taxes as less money would be available to the municipalities, or raise the business enterprise or business profit tax to make up for the shortfall. Neither is acceptable to us as business owners. We already pay those taxes, and we do not need to pay more so that people who have interest and dividend income receive it free of any state taxes.
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HB324, Valuation Of Utility Property
01/25/2017 at 09:00 AM LOB Room 301-303
Title: Title: relative to the valuation of utility property.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB324
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0324.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
=====================
HB529, Phase Out The Interest &
Dividends Tax
01/25/2017 at 10:00 AM LOB Room 202
Title: Title: phasing out and repealing the interest and dividends tax.
Summary: The fiscal note to this bill is an excellent summary. The bill would phase out the interest and dividend tax and raise exemptions during the phase out years. Based upon 2015 revenues, this would amount to an $82,000,000 loss in yearly revenue to the State.
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB529
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0529.html
Analysis Stated in Bill:
Talking Points:
There are different opinions on this bill. The total effects of repealing the Interest & Dividends tax are unknown. There is once again divided opinion on the analysis team. Here are a few thoughts:
We are unfairly taxed on our income unlike general population.
The Governor and the Legislature always has to work very hard to balance the budget every year. Reducing revenues would result in reductions of state services or an increase in other taxes. It could potentially raise real estate taxes as less money would be available to the municipalities, or raise the business enterprise or business profit tax to make up for the shortfall. Neither is acceptable to us as business owners. We already pay those taxes, and we do not need to pay more so that people who have interest and dividend income receive it free of any state taxes.
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HB489, Commission To Study The Tax Structure Of The State
01/25/2017 at 11:00 AM LOB Room 202
Title: Title: establishing a commission to study the tax structure of the state.
Summary: The bill would establish a commission to study the state's 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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB489
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0489.html
Analysis Stated in Bill:
Talking Points:
Rather than enact an income tax, repeal interest and dividend taxes and
the other changes proposed in the tax bills introducted this year without any actual understanding of the impact of these proposed changes, this bill would at least have a commission study how the tax structure does effect everyone in the state. However, this bill would only consider how to reduce the burden of property taxes in the state. The commission should also study how to keep the State competitive with other states in regard to taxes.
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HB531, Increase Minimum Gross Business Income Required For BPT
01/25/2017 at 11:30 AM LOB Room 202
Title: Title: increasing the minimum gross business income required for filing a business profits tax return.
Summary: The bill would increase to $100,000 from $50,000 as the amount of gross income a business earns before the business has to file a business profits tax return.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB531
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0531.html
Analysis Stated in Bill:
Talking Points:
Currently, if a business has $50,000 of gross income, such as total rents exceed that amount, not taking into account any expenses, the business must file a business tax return. For a small start up business, who most likely will need to retain an accountant to prepare the return, this could be a very burdensome expense. Raising the threshhold to $100,000, would give very small businesses a better chance to succeed.
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SB69, Requiring Sex Offenders To Register On-Line Identifiers
01/26/2017 at 11:00 AM SH Room 100
Title: Title: requiring registered sex offenders to report online identifiers.
Summary: The bill would require sex offenders to register on-line identifiers such as email address, screen names and the like. This would include social media names.
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: SB69
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0069.html
Analysis Stated in Bill:
Talking Points:
The Department of Safety has requested this bill to help track the offenders and protect children.
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HB568, Taxability Of Lease Interests In Public Property
01/31/2017 at 11:40 AM LOB Room 301
Title: Title: relative to the taxability of lease interests in public property.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB568
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0568.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
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HB566, Repealing The Community Revitalization Tax Relief Incentive
01/31/2017 at 01:30 PM LOB Room 202
Title: Title: repealing the community revitalization tax relief incentive.
Summary: This bill would eliminate 79E tax incentive programs, where cities
and towns can give tax incentives for improvements of properties during the rehab work
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB566
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0566.html
Analysis Stated in Bill:
Talking Points:
The tax incentive that this bill would eliminate does give incentive to developers to rehabilitate blighted areas. Without doing a more thorough analysis of the bill it is believed the tax relief to the developer is temporary by not raising the tax assessment (because of the new improvements) for a few years. Therefore, this would not affect other property taxes but would encourage positive development for troubled properties and eventually increase the tax basis of this subject property and therefore causing a slight relief on taxes on the remaining properties in the town.
Some of our fellow landlords use the credit and to repeal it would be very bad. RSA 79e is an excellent tool for towns or cities to encourage economic redevelopment of decrepit buildings, which would otherwise be left to continue to decay.
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SB80, Veterans Tax Credits
02/01/2017 at 09:00 AM LOB Room 102
Title: Title: (New Title) relative to implementation of the all veterans' tax credit, and relative to applications for recovery from the FRM victims' contribution recovery fund.
Summary: The bill would give municipalities authority to phase out an older veteran's tax credit over three years and use the newer credit.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: 0; dboutin1465@comcast.net; bette.lasky@leg.state.nh.us; nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ;
Subject: SB80
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0080.html
Analysis Stated in Bill:
Talking Points:
This bill appears to be a house keeping bill, giving munipalites the ability
to change over the veteran's tax credits
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HB644, Extending Interest and Dividends tax to Include Capital Gains
02/01/2017 at 10:30 AM LOB Room 202
Title: Title: extending the interest and dividends tax to capital gains, increasing exemptions from the tax, and providing for retirement system contributions on behalf of employers other than the state.
Summary: The summary in the fiscal note accurately states: "This bill makes changes to the interest and dividends tax by including capital gains as taxable income and increasing the tax exemptions for the tax; creates the capital gains reserve fund; and reinstates the state contribution to political subdivisions for employer contributions for group I and group II members."
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB644
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0644.html
Analysis Stated in Bill:
Talking Points:
There are some different thoughts on the analysis team.
Most are against the bill because it creates another hidden income tax.
For:
It will increase the exempt amount to $7500. Also will bring back State contributions to NH Retirement which will lessen towns’ expense and theoretically lessen property taxes.
Distributions from a qualified retirement plan would not be subject to the tax.
Against:
Real estate investors, when they sell a building, could be easily subject to this additional tax, and that is why should oppose the bill.
The interest and dividend tax is a limited income tax, and one more type of income (capital gains)under this bill would be subject to taxes and thus a hidden income tax.
It will tax everyone that sells home at a profit You already pay a transfer tax on the sale and purchase of your home or rental property. Therefore, this bill would cause double taxation on the sale of your real property.
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HB623, Abandonment Of Animals In A Foreclosure
02/01/2017 at 01:15 PM LOB Room 302
Title: Title: relative to animals abandoned in the foreclosure process.
Summary: The bill would make it a crime to fail to make arrangments for animals upon receiving of notice of foreclosure, which would include leaving the animals in the forclosed property when the owner is evicted.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB623
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0623.html
Analysis Stated in Bill:
Talking Points:
Who is going to enforce this bill if it becomes law, and
who is going to pay for the costs of enforcement? Not the persons who lost the property in forclosure, as they are already broke.
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HB654, Regulation and Rooms & Meals tax for short term rentals
02/01/2017 at 02:00 PM LOB Room 302
Title: Title: relative to short-term and vacation rentals under the meals and rooms tax.
Summary: This is a detailed bill that would first stop municipalities from prohibiting short term rentals, but would allow the short term rentals to be subject building and similar codes, and would set up a system to allow entities that handle short term rentals to pay the rooms and meals tax on behalf of the property owner.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB654
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0654.html
Analysis Stated in Bill:
Talking Points:
Note the rooms and meals tax is already a requirement to be paid under present law and this bill does not change that fact.
The following description is listed in the bill purpose.
“Internet platforms are enabling more Americans to earn extra income from their homes and investment properties through short-term and vacation rentals. At the same time, American travelers and family vacationers are saving money by renting fully-furnished homes instead of hotel rooms. The growth of this new market is encountering resistance from many governments, in the form of zoning restrictions and prohibitions that prevent homeowners from using their residences for short-term rentals. In 2016, Arizona enacted breakthrough legislation that enables short-term rentals while increasing tax revenue and preserving limited local regulation. The Arizona law stops local governments from prohibiting short-term rentals, while allowing local enforcement of regulations on parking and public safety. This law also makes taxes more efficient by allowing online platforms to collect and pay taxes at the state level, relieving homeowners of the need to file individually.”
The bill would allow the use of rooms in a home for short term rentals, and would subject the room or other lodging to be up to housing standards. Taxing the rooms would help level the playing field for hotels, as they have to charge the tax and are at a price disadvantage with the short term renters, as well as put more funds in the state treasury. It also specifically allows on line platforms that handle short term room rentals to handle the rooms and meals tax which is supposed to be paid under existing law.
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SB229, Eminent Domain Pipelines
02/07/2017 at 09:15 AM SH Room 103
Title: Title: relative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Summary: The legislative services analysis of the bill is an accurate summary of the
bill. It states (Via copy and paste) I. Allows an owner of residential property to have an updated appraisal completed at the expense of a pipeline company seeking to acquire the property by eminent domain.
II. Allows certain owners of property subject to a permanent partial taking under eminent domain to require a pipeline company to take the entire tract of land.
III. Provides for the awarding of relocation, temporary housing, and legal expenses in gas pipeline eminent domain proceedings.
IV. Requires the site evaluation committee to file as an intervenor in Federal Energy Regulatory Commission proceedings involving siting of high pressure gas pipelines.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: 0; 0; andy.sanborn@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; jeb.bradley@leg.state.nh.us; ;
Subject: SB229
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0229.html
Analysis Stated in Bill:
Talking Points:
Owners of residential property, which generally are single family homes and duplexes, would have the ability to have their property appraised, at the pipeline company's expense, if it is threatened to be taken by eminent domain action by a pipeline company, as well as forcing the company to take the entire parcel of land, in certain circumstances, and be paid for temporary housing. Since many homeowners do not have the resources to fight the valuations of the pipeline company, this does level the playing field. The state also would be required to appear in any action before the Federal Energy Regulatory Commission to protect the interests of New Hampshire, and hopefully, its residents.
These things make sense to ensure a property owner is adequately compensated for their property if taken by eminent domain for pipeline purposes. NH desparately needs pipeline capacity to bring low cost natural gas to bear, and this could help get opponents of pipeline infrastructure onboard.
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SB53, Regulation of Appraisers
02/15/2017 at 09:00 AM LOB Room 101
Title: Title: relative to regulation of appraisal management companies by the real estate appraiser board.
Summary: Seems to have little impact on landlords.
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: SB53
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0053.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
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SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
02/15/2017 at 09:00 AM SH Room 100
Title: Title: establishing a committee to study the tax characterization of stormwater utility fees.
Summary: The bill would establish a commission to study the recharactorizion of stormwater utility fees so that the fees are federal tax deductable
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: SB186
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0186.html
Analysis Stated in Bill:
Talking Points:
This bill would only effect those in communities that have stormwater utility charges, and have large enough properties to be taxed because of the property contributes run off to the storm drain system. Since the fees are an actual out of pocket expense for the owner of such real estate, just like water and sewer bills, the fee should be deductible for the calculation of income taxes.
This fee may not be deductible against income tax presently. This bill would study allowing a property owner to deduct this expense against their federal income tax.
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Important Updates:SB247, Lead Law
Action items this week:
1. Review the detailed summary SB247, Lead Law, immediately below.
2. Contact the Senate Health And Human Services committee and ask them to work from the amended bill from commission and to vote in our favor with detailed reasons why.
Jeb.Bradley@leg.state.nh.us; Kevin.Avard@leg.state.nh.us; James.Gray@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; martha.hennessey@leg.state.nh.us;
3. Plan to be available to show up to hearings when the bill is scheduled. Could be next week.
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,
Many of the bills have updated an updated statusSee Bills Updated Status summary below
In particular not the status bills where we have a position For or Against that bill.
Hearings this week:02/15/2017 at 09:00 AM LOB Room 101
SB53, Regulation of Appraisers
Level of Response: You Decide
Property Owner Position: You Decide
02/15/2017 at 09:00 AM SH Room 100
SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
Level of Response: Email legislators Call Legislators
Property Owner Position: For
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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SB247, Lead LawTime not specified
Title: Title: preventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
Summary: This is a massive change to the lead law. Full detail is in the talking points.
Property Owner Position: Mostly Against, Partly For
Link to Committee Info: http://gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S26
Email to Committee:
To: Jeb.Bradley@leg.state.nh.us; Kevin.Avard@leg.state.nh.us; James.Gray@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; martha.hennessey@leg.state.nh.us;
Subject: SB247
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0247.html
Analysis Stated in Bill:
Talking Points:
There could easily be major confusion regarding the lead bill, now SB247, released 2/9/17.
What was released is the original bill before the many amendments worked out in the last sessions of the lead commission. The lead commission attempted to have the office of legislative services, OLS, release the amended bill but OLS did not get to it in time and released the original bill. Please work from the Amended bill.
Attached are both
the original bill, “170208 SB247 OriginalBill HTMLWithoutLineNumbers ToBeReplacedByAmendedBill.pdf”
& the amended bill, “170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf”
The bill is planned to be substituted at the first Senate committee hearing. Please make your comments based on the amended bill attached.
We will watch carefully to make sure the amended bill replaces the original but to be extra safe when your write to Senate committee please tell them to work from the amended bill not the original. Obviously if the original bill goes forward we would want it killed immediately.
The bill has an enormous amount of sections and detail. To walk you through the bill we have divided the bill in to categories. In each category you will see the section numbers of the amended bill that relate to that category.
After much analysis a short version of the bill is that there is very little benefit to property owners and many provisions that will hurt landlords and the rental real estate industry.
Note:
EMP = Essential Maintenance Practices
BLL= Blood Lead Level
Categories covered below:
Schools, Day Cares
Water Utility Companies identify & disclose lead, prevent lead in water
Sales disclosure relating to lead
BLL Testing, increase screening rates
Restrict DHHS "belief" authority to conduct investigations (which trigger lead abatement orders)
Notification of any positive blood lead level
$3Million fund to pay for lead remediation. (Remediation of Lead in Water and Rental Housing Fund.)
Essential Maintenance Practices
Change Whole Building Approach to Phased Approach >=10ug/dl
Change abatement action from 10 to 5 ug/dl
Lead testing in Water
Landlord & Tenant 540-A requirements & remedies
RRP Information - Building permit
State run RRP
Effective Dates
Schools, Day Cares
Landlord Position: Most Neutral, a few For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 14
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 15
EMP is mandatory for child day care.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 23
Schools have to address lead in drinking water.
Neutral:
This is not directly our area of concern. However, whatever comes about for schools and day cares will eventually be imposed upon landlords as children spend more time at home than anywhere else.
For:
Schools should be held to the highest drinking standards. Won’t affect most schools since most were built after lead solder was banned and certainly after lead pipes were discontinued. Finally, lead in the environment is a societal issue, not one created by landlords. Schools are owned by society.
Water Utility Companies identify & disclose lead, prevent lead in water
Landlord Position: Most For, a few against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 24
Public Water Systems and Privately Owned Redistribution Systems
For:
In other words, make sure the water being delivered to our properties is good before we are required to remediate lead in water which might not be from our building but actually delivered to us with lead in the water already or leaching from distribution systems because the water it too corrosive.
However, the wording seems weak. Water systems have to make reasonable efforts but don’t have to excavate to prove anything. Still it is a good start.
Makes no sense to address the effect without addressing the cause. An easy source of lead to identify and a broadly distributed product that requires quality assurance.
Against
because of additional cost
Sales disclosure relating to lead
Landlord Position: Most Neutral, some For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 22
Modifies the existing disclosures given on the sale of real estate to include more information about lead.
We have no issue with informing buyers about lead.
This is a very low cost item to implement, and more information being given to buyers, many of whom maybe first time buyers looking to start a family could help reduce lead poisonings. Children who live in single family homes are a significant percentage of the children who have been found to have high blood lead levels.
BLL Testing, increase screening rates
Landlord Position: Most Neutral, a few For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 4
Move all NH municipalities to universal testing meaning all 1 & 2 years old children would be tested for lead. Screening rate in NH are exceptionally low in the range of 16% are tested now. The legislation creates a push to get the rate closer to 85%. It is said that Vermont screening rate is about 82%.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 5
Another provision makes it so no child admitted to public school without having had a prior lead test. However, parents may choose to refuse to have the child tested.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 16
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 17
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 18
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 19
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 20
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 21
Insurance must cove blood lead testing.
Historically landlords have stood aside on the issue of testing. Higher testing rate will increase the number of detected BLLs and consequently result in more lead abatement orders. However, it is smart for the child’s health to know if they are or are not having an issue with lead.
Restrict DHHS “belief” authority to conduct investigations (which trigger lead abatement orders)
Landlord Position: All For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 3
Common knowledge is that abatement orders are only triggered when a child measures at or higher than the action level (presently 10 ug/dl). What is not known is that present law says DHHS commissioner may to conduct investigations when there “is reason to believe” a lead hazard exists. The department has said
“several years ago we were contacted by EPA to visit a residential job site that where there were construction activities that we not being conducted with Lead Safe work practices. During the visit a very young child was identified in the mist of the construction debris. The child was observed licking the windows in the middle of all that construction dust and debris. The HHLPPP conducted an investigation and issued an Administrative Order of Lead Hazard Reduction. This is the only case that I have knowledge of in the history of the program.”
Regardless we don’t like that the law can give an option as drastic as an abatement order based on reason to believe.
An offer was made to change that portion to probable cause. Not a great change but at least something.
We would also like to see language to allow landlord to get info about what constituted the “probable cause” so the landlord could possibly challenge it if a challenge seems warranted.
Notification of any positive blood lead level
Landlord Position: All For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 6
In present law we already get notices from 5 and above. This would give us something we have asked for over many years, notification at any positive level of a venous blood test.
None of us want to poison children and we will take appropriate proactive & corrective actions when we know there is a problem! Let’s catch the problem as early as possible. Good for the child; good for the landlord.
We cannot address a problem if we do not know it exists. If any landlord makes sure that at the commencement of a tenancy there is no peeling, caulking or flaking paint, but over time, use of the apartment, and damage to the paint surface creates a lead hazard, the landlord would most likely not know about it until
the tenant informs the landlord, which tends not to occur if the tenant caused the damage,
an inspection of the apartment, the tenant vacates, or
the notification on the positive level.
The sooner the lead hazard is remedied, the better it is for child not to be injured from the lead exposure.
From the Bill:
“…if a venous blood test demonstrates the presence of lead at a level less than 5 micrograms per deciliter is found in the child’s blood. Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction. Such notice shall include information about the health hazards of lead poisoning, state standards for identifying and eliminating lead hazards, and
the federal Renovation, Repair and Painting Program, and Essential Maintenance Practices. It
shall contain information about the lead exposure risks associated with not complying with lead-safe renovation, repair and painting practices as well as information about requirements that will come into effect in the event a child is documented with a venous blood level of 5 micrograms per deciliter or higher.”
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 7
Notification to the parent
From the bill
“…Such materials shall inform parents who are tenants to work with the property owner and advise against engaging in renovation, repair or painting activities themselves.”
$3Million fund to pay for lead remediation. (Remediation of Lead in Water and Rental Housing Fund.)
Landlord Position: All For
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 33
Present landlords did not create this problem, the government authorized and in some cases required use of lead paint. Landlords should not be entirely responsible for fixing it. Some fund, from someplace, needs to be established so that society can pay for society’s problem.
Presently there is no state provided funding for lead remediation and the HUD grants administered by Manchester, Nashua & the state have strings attached that sometimes make the money unavailable .
The paint can fee previously talked about has been dropped because several contacts in legislature have said the paint can fee which has previously been charged is dead on arrival.
The remediation fund would be established by a $3 Million allocation from the state general fund for the fiscal year ending 6/30/18 & next ending 6/30/19.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 9
There is a proposal that this fund be administered using a simple voucher system that would effectively give landlords a flat price per window, per door etc. The target is reimbursing approximately 50% of average labor and materials. The reimbursement would be for landlords that voluntarily comply with Essential Maintenance Practices and are proactive at remediating lead hazards.
It would be available for property owners that voluntarily complied with the EMP program.
It would not be available for property owners who have a child with an elevated level or an enforcement action by DHHS.
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 11
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 12
Section 11 & 12 establish the fund
We would want to have put into the statute that the fund could not be used for administrative or other uses outside of lead remediation. We would also want landlord input on creation of the rules. We would also want to see Non-profits restricted from its use because they already get grant funding.
Also use of this fund is tied to complying with EMP. The original plan was to have a paint can fee or other funding mechanism that would be on going. This proposal would only have money for 2 years and leave the landlords with the new EMP bureaucracy. The landlords on the commission have often said "No money no bill"
Essential Maintenance Practices
Landlord Position: Most Against, some Neutral
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 13
An EMP program has been active in Vermont for several years. There it is mandatory with a small release of liability incentive. It is said that only about 20% of property owners comply.
In the original meetings of the lead commission, EMP advocates were adamant that EMP would be mandatory but this final version has EMP voluntary unless a child had an elevated lead level.
II. There will be a training which presently is thought to be something simple on line with the idea that most everything in the EMP is already taught in the RRP.
The requirements are: (From the bill)
(a) Annual visual inspections of interior and exterior surfaces to be conducted by the
owner or his or her delegate to identify lead hazards.
(b) Safe repair of any lead hazards identified during annual inspection as soon as
practicable and no later than 60 days following annual inspection.
(c) Installation of vinyl window-well inserts in windows with wells or sashes containing lead-based paint.
(d) Specialized cleaning at the time of tenant turnover, after any work that disturbs painted surfaces, and at least annually in interior common areas.
(e) The removal of visible paint chips from the ground of outdoor areas within 10 feet of the building, including outdoor porches and stairs, and from any play areas.
(f) Compliance with the federal Renovation, Repair and Painting Program in the event of renovation, repair or painting activities.
(g) Annual certification by the owner that essential maintenance practices have been implemented, with such certification to be notarized and retained for a minimum of 3 years.
(Current plan is the owner self certifies and holds the records).
III allows for owners to make a plan to come into compliance over time and still qualify for the use of remediation fund.
IV. Lead paint must not be left exposed.
(need to define what exposed means) (Can we just put layer of paint over exposed lead based paint?)
Tom Irwin thinks that would be something left to rule making. Also, he would think to 2 coat alternate paint method could be accepted with maybe a runner or some kind of middle tread could be acceptable.
This section is more than the annual inspection. It just says:
“IV. Exposed lead-based paint on any interior or exterior floor, including, but not limited to,
stairs and porches and stairs, shall not be permitted.”
V. EMP mandatory for licensed child care facilities and properties where child measured >=5ug/dl BLL.
EMP shall not apply where a licensed lead inspector has certified that no lead-based paint is present.
VI EMP shall not be required for an owner occupied dwelling unit.
VII There are two incentives “carrots” for property owner that voluntarily comply with EMP:
1: some release of liability
“the owner shall not be liable for breach of warranty of habitability release to lead-based paint and shall also be entitled to a rebuttal presumption of having exercised due care relative to preventing lead hazard exposures, provided the property owner demonstrates having complied with essential maintenance practices during the time period relevant to a lead-based legal action.”
2: use of a new easy to use lead remediation fund to pay approximately 50% labor & materials for small to large project work.
While most of the requirements for the EMP is fairly minor, the covering of exposed lead paint on floors could be quite costly to landlords. Use of the fund to pay half would be helpful but still could cost a sizeable amount for some landlords and we don’t have any such requirements now.
This is yet another regulation and bureaucracy. It also establishes another duty of care that could be used to civilly sue a landlord. Of concern is that a visual inspection can be challenged. For instance, does the landlord have to move furniture to check baseboards? Some people rearrange furniture so a baseboard behind a couch or bed may become exposed.
Some are concerned that there is another area where " the department may adopt rules including but not limited to"… Will these rules be difficult and costly to comply with?
Many on the core team of landlords could be convinced to be for voluntary EMP is If we get $3 million remediation fund.
Change Whole Building Approach to Phased Approach >=10ug/dl
Landlord Position: All Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 3
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 8
This changes the lead order process from the present abate entire building with abatement rules all at once method (whole building approach) to a method of abating the primary unit and units with children and pregnant women plus common areas accessible only to those units right away then the remainder at tenant turn over but no later than 5 years. (phased approach).
We originally negotiated this important benefit for landlords thinking we were getting a positive change but have learned and confirmed that in fact present law already allows for a variance process that can accommodate a “phased” approach with no time limit or other restrictions. This option is not in the law but rather in the rules.
It is better to have an advantage in law over having it only in rules. However, this “phased” approach in the law has limitations that are not in the present rules variance process.
To get the variance a property owner would need to make a definite plan, keep children safe, and make positive progress on the plan. The DHHS is already having some property owners using this phased method successfully.
Since we already have a variance process that is better than what is offered in this bill it does not make sense to accept more restriction with the version in this bill.
However, at some point we may want to attempt defining the variance phased approach into the law so that DHHS can not take it away in the rules.
Change abatement action from 10 to 5 ug/dl
Landlord Position: All Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 2
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 10
Landlords currently have no mandated requirements between 5 and 10 ug/dl. This section would establish requirements but they would be very flexible.
In 2015 there were 81 children measuring >=10ug/dl. There were also 548 children measuring 5 to <10ug br="" dl.="" id="yiv6370947356yui_3_16_0_ym19_1_1486947155947_6541">If screening rates move from 16% (ballpark present rate) to 85% (desire goal of the lead commission) then the number of cases requiring some action in the 5 to 10 range could approximate 548/16*85=2911.
Originally, this was considered by landlords on the commission because it offered a creative approach to BLLs between 5 to 10 and we were going to get the $3Million annual fund and a big advantage with phased approach for case >=10 ug/dl.
This “deal” is falling through because
word in the legislature is that we will not get the money and if we do it is only for 2 years and not annually,
the phased approach is giving us nothing because we already have a variance process better than that in present law.
Also there is a high fiscal note cost for DHHS to administrate the new provisions of this bill.
We feel is would be too costly for the state and too costly for landlords to go to 5.
As we said before “No money, No bill”.
This provision is explained below:
DHHS provides notice to parents
that advises the importance of periodic blood lead level testing. If the parents are tenants of a rental property, the notice shall also include information about actions that the property owner is required to take, and about the importance of cooperating with such actions.
DHHS provides notice to property owners of the requirements in this section (5 – 10ug/dl).
The notice shall also contain information about the risks associated with not complying with lead safe practices.
One of the significant parts of this section is that it is a move away from one of our long term complaints of “one size fits all” law. This section allows an extreme flexibility to avoid a lead abatement order to the property owner that is proactive at handling lead hazards in a lead safe way and protecting children and comes down much harder on the property owner that does not handle the situation well or at all.
From the bill:
III. If the child resides in a leased or rented dwelling or dwelling unit, the property owner
or agent thereof shall, no later than 20 days after receipt of the notice required in RSA 130-A:4-a,II, provide the department with a work plan to reduce the risks of lead exposure developed in accordance with the department’s standards by a certified risk assessor, a certified lead abatement contractor, or
an individual certified under the renovation, repair, and painting program. If the department does not respond within 14 days of acknowledged receipt of the work plan, the work plan shall be deemed approved. Implementation of the work plan shall be completed within sixty days of the date it is deemed approved by the department, except that the department may for good cause allow additional time, provided steps are taken to protect tenants during such additional time.
(Simple version of IV says if the property owner does nothing or child’s BLL does not go down then full lead abatement order process will apply).
IV. If a property owner is required to comply with RSA 130-A:4-a,III, the department shall initiate an investigation of the property pursuant to RSA 130-A:5 if (a) the property owner fails to comply with RSA 130-A:4-a,III, or (b) the child’s blood lead level remains at a level of 5 micrograms per deciliter or higher 60 days or more after the date required in RSA 130-A:4-a,III for completion of work plan implementation, or (c) another child residing at the property is documented with a blood lead level of 5 micrograms per deciliter or higher 60 days or more after completion of work plan implementation under RSA 130-A:4-a,III, or (d) a child who resides at the property is found to have a venous blood lead level of 10 micrograms per deciliter or higher.
V. Following completion of work plan implementation under RSA 130-A:4-a,III, the
property shall be subject to the essential maintenance practice requirements established in RSA 130-A:20 and associated rules.
Lead testing in Water
Landlord Position: Most Against, a few Neutral
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 28
Present law has no requirement for testing lead in water. There is a huge push across the nation for something to be done about testing for lead in the water because of “Flint, Michigan”.
Landlord core team is against this provision because as state in the first section.
Make sure the water being delivered to our properties is good before we are required to remediate lead in water which might not be from our building but actually delivered to us with lead in the water already or leaching from distribution systems because the water it too corrosive.
Some background information:
DHHS has in 2016 been doing water testing during abatement order process. They have conducted about 40 water tests. They say none of those have been above the EPA limit. In fact none of them have test above the detection limit.
It seems to us that this section is putting a cost on to landlords to address a problem that does not exist.
We understand that the state has a lab in the DES building that could do the test. How about having them do the water test at no charge for any landlord or tenant at no charge?
What’s in this section:
Landlords, under the bill, are required to test for lead in drinking water within one year of the bill passing, and at any time a child tests positive for lead. If lead is found to exceed EPA standards, the landlord shall notify the tenant and prospective tenants within 60 days of receiving the water test results, and take reasonable remediation steps. This can be installing a certified water filter on the kitchen sink. Using a water filtration pitcher may also be acceptable.
Originally landlords were against this section feeling that first efforts at lead in water should be with the companies supplying the water.
There is also planned to be the $3 Million remediation fund established that would give money at 50% labor and materials that could be used for lead remediation including lead in water for property owners voluntarily complying with EMP. The fund is planned to be simple to use with very little strings attached.
Landlord & Tenant 540-A requirements & remedies
Landlord Position: Most Against, Some Neutral
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 25
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 26
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 27
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 29
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 30
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 31
Unlike other prohibited practices, such as shutting off a utility where the improper action is clear and easily discernable, there is an evidentiary issue of proving that chipping, pealing or chalking paint contains lead, and what would have to be alleged in the petition to obtain an ex-parte or temporary order. How is a judge to know if there is lead? A person with training should do the testing, such as a building inspector or a DHHS employee, and not the tenant.
This section does award damages to a tenant for a willful violation by the landlord, but does not award a landlord damages for a willful violation by the tenant.
Section 29 Landlord must comply with lead law.
Well that is obviously already the case.
This could be used as weapon by tenant against the landlord when relationship with landlord is strained or tenant is behind in rent. Also could be used to set up a retaliatory eviction defense.
We recommend leaving this to a neutral third party like a building inspector using present systems.
Section 30 & 31
No damages, except for willful violation, if landlord not complying with lead law but landlord would still be subject to injunctive relief and failure to comply could result in contempt of court.
Damages for tenant’s willful violation not included.
Section 25 gives no real benefit because willful (knowingly) creation of lead hazard would have to be proved.
Additionally
We already have ability to seek court order to enter an apartment to perform maintenance using RSA 540-A:3 V & 540-A petitions.
Here is a summary of this category’s sections:
These provisions are not in present law.
The section numbers at the end of each paragraph are the section numbers in the bill.
These sections amend RSA 540, which contains the rules regarding evictions, and RSA 540-A, which is the Prohibited Practices Act. The sections increase both landlord and tenant responsibilities, and gives both the ability to seek a court order to enforce those responsibilities.
Landlords cannot willfully fail to comply with the applicable laws concerning lead. (Section 29)
Tenants will have to:
1. Comply with the reasonable written instructions of the landlord, the landlord’s agent or contractor, to prepare the unit for remediation of a lead hazard (also insect or rodent infestation) as long as the instructions are given to an adult member of household and the tenant has a reasonable time to prepare the unit, which has to be at least 72 hours. (Section 26)
2. The tenant cannot refuse to allow the landlord to enter the unit after 48 hours’ notice, to evaluate if a lead hazard exists, when the landlord has been notified by the tenant or a public health official of a potential hazard. (Section 27)
Although landlords and tenant will be able to seek a court order to enforce the above using RSA 540-A, which is the simple fill in the form petition to the court, neither will be able to seek the $1,000 fines that can be imposed for other violation of that statute, except when a landlord willfully violates a court order. In that situation the landlord is subject having to pay damages, costs and attorney fees. (Sections 30 and 31). However if a tenant willfully violates a court order, the tenant is not subject to damages, costs and attorney fees.
The bill also includes a provision that it will be grounds for an eviction, with a 7 days’ notice, for a willful creation of a lead hazard exposure, as defined in RSA 130-A:1, XVI, by the tenant, members of his household, or guests (Section 25).
A lead hazard exposure is defined in RSA 130-A:1, XVI as follows:
"Lead exposure hazard'' means:
(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than 1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;
(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;
(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or
(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than 400 parts per million of lead in bare soil in children's play areas or 1,200 parts per million average for bare soil in the rest of the yard.
RRP Information - Building permit
Landlord Position: Mixed, Most Neutral, Some For, a few Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 31
Note: This will educate owner occupied residences as well. Children who live in single family homes are a significant percentage of the children who have been found to have high blood lead levels. In addition, RRP already exists. If everyone disturbing lead paint was using RRP we would have less lead hazards, less children with elevated BLLs and less lead orders.
Initial phase would only be handing out info on RRP to applicant.
In the second phase building permit would require a certification that RRP will be used if RRP would be required.
Please note that everyone disturbing lead paint who receives compensation (like receiving rents) should be already be using RRP methods.
Also please note that this does not require more building permits than what is presently required.
State run RRP
Landlord Position: All Against
“170131 LeadBillAmendedByCommission ToReplaceOriginalBill.pdf” Section 1
Presently the EPA runs the RRP program for the country and NH. 14 state in the country have decided to run their own RRP program.
In this provision NH DHHS would take over running the RRP including some rule making authority.
Notice that the bill addresses one of our concerns by limiting DHHS so they can not “tighten” the RRP rule but would allow DHHS to enforce it which includes certifications, fines and fees.
Most landlords we have spoken to do not want to see another bureaucracy created and don’t want to give DHHS “one foot in the door” and have them come back in a few years and tighten the RRP rules. The RRP rules as administered by the EPA are quite reasonable and we don’t need to provide opportunity for the state to make them worse. As originally designed by the EPA a contractor with EPA certification can work in any state. With state taking over running the RRP these same contractors would have to acquire certification in each state. We have seen DHHS quite over zealous in applying their rules and are concerned to give them yet another domain to control.
Effective Dates
Landlord Position: Most Neutral, a few against
Insurance coverage
I. Sections 16, 17, 18, and 20 shall take effect October 1, 2017 at 12:03 a.m.
Health Services Corporations, Health Maintenance Organizations coverage
II. Sections 19 and 21 shall take effect January 1, 2021 at 12:02 a.m.
III. The remainder of this act shall take effect 60 days after its passage.
The few against say:
This bill is so large and complicated that expecting everything to occur in 60 days is not going to happen. If the bill survives make it become effective on January 1, 2018.
==============================================
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.
HB117, Tax exemption to assist elderly or disability
Title: relative to the property tax exemption for improvements to assist persons with disabilities.
Property Owner Position: For
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB172, Enabling Counties to borrow against anticipated taxes
Title: relative to tax anticipation notes in counties.
Property Owner Position: You Decide
General Status: HOUSE
House Status: PASSED/ADOPTED
Senate Status: none
HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
Title: exempting certain building plans from the right-to-know law.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB359, Returning A Percentage Of The LCHIP Fee
Title: relative to returning a percentage of the LCHIP fee to the municipality where the real estate transfer from which the fee originates is located.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB386, Technical Corrections To The Education Tax Credit
Title: relative to technical corrections to the education tax credit statute.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB415, Establish an Income Tax, Reduce or Eliminate Other Taxes
Title: reducing business taxes, repealing certain taxes, establishing an income tax, and requiring payment by the state of a portion of retirement system contributions of political subdivision employers.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB440, Repeal Interest & Dividends Tax
Title: repealing the tax on interest and dividends.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB324, Valuation Of Utility Property
Title: relative to the valuation of utility property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB529, Phase Out The Interest &
Dividends Tax
Title: phasing out and repealing the interest and dividends tax.
Property Owner Position: You Decide
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
HB489, Commission To Study The Tax Structure Of The State
Title: establishing a commission to study the tax structure of the state.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB531, Increase Minimum Gross Business Income Required For BPT
Title: increasing the minimum gross business income required for filing a business profits tax return.
Property Owner Position: For
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
SB69, Requiring Sex Offenders To Register On-Line Identifiers
Title: requiring registered sex offenders to report online identifiers.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REPORT FILED:
HB568, Taxability Of Lease Interests In Public Property
Title: relative to the taxability of lease interests in public property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB566, Repealing The Community Revitalization Tax Relief Incentive
Title: repealing the community revitalization tax relief incentive.
Property Owner Position: Against
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
SB80, Veterans Tax Credits
Title: (New Title) relative to implementation of the all veterans' tax credit, and relative to applications for recovery from the FRM victims' contribution recovery fund.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: PASSED/ADOPTED WITH AMENDMENT
HB644, Extending Interest and Dividends tax to Include Capital Gains
Title: extending the interest and dividends tax to capital gains, increasing exemptions from the tax, and providing for retirement system contributions on behalf of employers other than the state.
Property Owner Position: Against
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB623, Abandonment Of Animals In A Foreclosure
Title: relative to animals abandoned in the foreclosure process.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
HB654, Regulation and Rooms & Meals tax for short term rentals
Title: relative to short-term and vacation rentals under the meals and rooms tax.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: none
SB229, Eminent Domain Pipelines
Title: relative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REPORT FILED:
SB53, Regulation of Appraisers
Title: relative to regulation of appraisal management companies by the real estate appraiser board.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
Title: establishing a committee to study the tax characterization of stormwater utility fees.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
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Full details on all bills above:HB117, Tax exemption to assist elderly or disability
01/11/2017 at 10:00 AM LOB Room 301
Title: Title: relative to the property tax exemption for improvements to assist persons with disabilities.
Summary: Provide, upon application, an assessment exemption for improvements for elderly (over 65), improvements can include standby generators. The bill also makes current statute gender neutral
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB117
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0117.html
Analysis Stated in Bill:
Talking Points:
Allows owner occupiers an offset, from assessment, for the amount of improvements for disabled or elderly . Similar to current solar exemption. Section II; the owner should not have to reside in the property for the exception. If a lanldord makes an improvement for an elderly or disabled tenant it should also count. IV should read same year not some year.
=====================
HB172, Enabling Counties to borrow against anticipated taxes
01/11/2017 at 10:00 AM LOB Room 301
Title: Title: relative to tax anticipation notes in counties.
Summary: This bill would give counties the authority to borrow against anticipated taxes for current expenses. We don't see any direct impact on residential landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB172
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0172.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. 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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HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
01/19/2017 at 10:00 AM LOB Room 208
Title: Title: exempting certain building plans from the right-to-know law.
Summary: The bill would exempt " Building plans and construction drawings submitted in connection with a local building permit process" from the right to know law.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB109
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0109.html
Analysis Stated in Bill:
Talking Points:
This can be interpeted that no building plans are subject to public review, including abutters who may want to review plans and appear at public hearings.
Some of us are for this bill:
Keeping plans of public buildings, such as schools, city halls and offices, jails, and prisons confidential to avoid aiding a terrorist would be acceptable, but not every plan.
Others are against:
For purchasers of property, plans available to the public are useful sources of due diligence. They are on the same level as mortgages and deeds being available and should continue to be so. However, one could make the argument that these plans would be considered proprietary information of the property owner.
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HB359, Returning A Percentage Of The LCHIP Fee
01/19/2017 at 02:15 PM LOB Room 202
Title: Title: relative to returning a percentage of the LCHIP fee to the municipality where the real estate transfer from which the fee originates is located.
Summary: Seems to have little impact on landlords.
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB359
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0359.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
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HB386, Technical Corrections To The Education Tax Credit
01/24/2017 at 10:50 AM LOB Room 207
Title: Title: relative to technical corrections to the education tax credit statute.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H05
Email to Committee:
To: HouseEducationCommittee@leg.state.nh.us
Subject: HB386
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0386.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
=====================
HB415, Establish an Income Tax, Reduce or Eliminate Other Taxes
01/24/2017 at 02:00 PM LOB Room 202
Title: Title: reducing business taxes, repealing certain taxes, establishing an income tax, and requiring payment by the state of a portion of retirement system contributions of political subdivision employers.
Summary: This bill would establish a state income tax, including employer withholding and the filing of estimated taxes, and all the procedures associated with the collection of income taxes. It would reduce some business taxes. There is a long fiscal note to the bill, which shows that it is unclear how the bill would effect state revenues. It appears that the bill would shift some tax burden from businesses to all people with income or earned income in New Hampshire.
This short summary is from the fiscal note: "This bill reduces the business profits tax rate from 8.2 percent to 4 percent; repeals the business enterprise tax, statewide education property tax, utility property tax, and interest and dividends tax; establishes an income tax of 3.95 percent; and requires the state pay 35 percent of contributions of retirement system employers other than the state for group I teachers and group II members beginning in FY 2021."
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB415
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0415.html
Analysis Stated in Bill:
Talking Points:
There are different opinions on this bill. It is highly complicated. To properly analyze it would require a tax specialist. Here are a few thoughts:
Net effect to Landlords could be a significant reduction in taxes (eliminate state wide property tax). However, there are a host of issues.
Strongly against any form of income tax. Sales tax makes more sense
The bill is complicated, and there is no way for us to predict how the bill, if enacted would effect us. It would reduce the real wages of the working class by taxing their income, which could affect their ability to pay rent.
With a Republican Governor and Legislature, it is unlikely the bill would pass or be signed into law by the Governor.
A big concern with a new tax or expense that will “lower” another tax is that in a few years the tax that was lowered is right back where it was or is even higher and our total tax is significantly higher than it used to be. Most of us in business would like to have smaller government. One way to keep smaller government is for it to have less money.
=====================
HB440, Repeal Interest & Dividends Tax
01/25/2017 at 09:00 AM LOB Room 202
Title: Title: repealing the tax on interest and dividends.
Summary: This bill would repeal the Interest and Dividends Tax on January 1, 2018.
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB440
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0440.html
Analysis Stated in Bill:
Talking Points:
There are different opinions on this bill. The total effects of repealing the Interest & Dividends tax are unknown. There is once again divided opinion on the analysis team. Here are a few thoughts:
We are unfairly taxed on our income unlike general population.
The Governor and the Legislature always has to work very hard to balance the budget every year. Reducing revenues would result in reductions of state services or an increase in other taxes. It could potentially raise real estate taxes as less money would be available to the municipalities, or raise the business enterprise or business profit tax to make up for the shortfall. Neither is acceptable to us as business owners. We already pay those taxes, and we do not need to pay more so that people who have interest and dividend income receive it free of any state taxes.
=====================
HB324, Valuation Of Utility Property
01/25/2017 at 09:00 AM LOB Room 301-303
Title: Title: relative to the valuation of utility property.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB324
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0324.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
=====================
HB529, Phase Out The Interest &
Dividends Tax
01/25/2017 at 10:00 AM LOB Room 202
Title: Title: phasing out and repealing the interest and dividends tax.
Summary: The fiscal note to this bill is an excellent summary. The bill would phase out the interest and dividend tax and raise exemptions during the phase out years. Based upon 2015 revenues, this would amount to an $82,000,000 loss in yearly revenue to the State.
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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB529
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0529.html
Analysis Stated in Bill:
Talking Points:
There are different opinions on this bill. The total effects of repealing the Interest & Dividends tax are unknown. There is once again divided opinion on the analysis team. Here are a few thoughts:
We are unfairly taxed on our income unlike general population.
The Governor and the Legislature always has to work very hard to balance the budget every year. Reducing revenues would result in reductions of state services or an increase in other taxes. It could potentially raise real estate taxes as less money would be available to the municipalities, or raise the business enterprise or business profit tax to make up for the shortfall. Neither is acceptable to us as business owners. We already pay those taxes, and we do not need to pay more so that people who have interest and dividend income receive it free of any state taxes.
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HB489, Commission To Study The Tax Structure Of The State
01/25/2017 at 11:00 AM LOB Room 202
Title: Title: establishing a commission to study the tax structure of the state.
Summary: The bill would establish a commission to study the state's 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: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB489
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0489.html
Analysis Stated in Bill:
Talking Points:
Rather than enact an income tax, repeal interest and dividend taxes and
the other changes proposed in the tax bills introducted this year without any actual understanding of the impact of these proposed changes, this bill would at least have a commission study how the tax structure does effect everyone in the state. However, this bill would only consider how to reduce the burden of property taxes in the state. The commission should also study how to keep the State competitive with other states in regard to taxes.
=====================
HB531, Increase Minimum Gross Business Income Required For BPT
01/25/2017 at 11:30 AM LOB Room 202
Title: Title: increasing the minimum gross business income required for filing a business profits tax return.
Summary: The bill would increase to $100,000 from $50,000 as the amount of gross income a business earns before the business has to file a business profits tax return.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB531
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0531.html
Analysis Stated in Bill:
Talking Points:
Currently, if a business has $50,000 of gross income, such as total rents exceed that amount, not taking into account any expenses, the business must file a business tax return. For a small start up business, who most likely will need to retain an accountant to prepare the return, this could be a very burdensome expense. Raising the threshhold to $100,000, would give very small businesses a better chance to succeed.
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SB69, Requiring Sex Offenders To Register On-Line Identifiers
01/26/2017 at 11:00 AM SH Room 100
Title: Title: requiring registered sex offenders to report online identifiers.
Summary: The bill would require sex offenders to register on-line identifiers such as email address, screen names and the like. This would include social media names.
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: SB69
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0069.html
Analysis Stated in Bill:
Talking Points:
The Department of Safety has requested this bill to help track the offenders and protect children.
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HB568, Taxability Of Lease Interests In Public Property
01/31/2017 at 11:40 AM LOB Room 301
Title: Title: relative to the taxability of lease interests in public property.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB568
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0568.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
=====================
HB566, Repealing The Community Revitalization Tax Relief Incentive
01/31/2017 at 01:30 PM LOB Room 202
Title: Title: repealing the community revitalization tax relief incentive.
Summary: This bill would eliminate 79E tax incentive programs, where cities
and towns can give tax incentives for improvements of properties during the rehab work
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB566
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0566.html
Analysis Stated in Bill:
Talking Points:
The tax incentive that this bill would eliminate does give incentive to developers to rehabilitate blighted areas. Without doing a more thorough analysis of the bill it is believed the tax relief to the developer is temporary by not raising the tax assessment (because of the new improvements) for a few years. Therefore, this would not affect other property taxes but would encourage positive development for troubled properties and eventually increase the tax basis of this subject property and therefore causing a slight relief on taxes on the remaining properties in the town.
Some of our fellow landlords use the credit and to repeal it would be very bad. RSA 79e is an excellent tool for towns or cities to encourage economic redevelopment of decrepit buildings, which would otherwise be left to continue to decay.
=====================
SB80, Veterans Tax Credits
02/01/2017 at 09:00 AM LOB Room 102
Title: Title: (New Title) relative to implementation of the all veterans' tax credit, and relative to applications for recovery from the FRM victims' contribution recovery fund.
Summary: The bill would give municipalities authority to phase out an older veteran's tax credit over three years and use the newer credit.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: 0; dboutin1465@comcast.net; bette.lasky@leg.state.nh.us; nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ;
Subject: SB80
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0080.html
Analysis Stated in Bill:
Talking Points:
This bill appears to be a house keeping bill, giving munipalites the ability
to change over the veteran's tax credits
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HB644, Extending Interest and Dividends tax to Include Capital Gains
02/01/2017 at 10:30 AM LOB Room 202
Title: Title: extending the interest and dividends tax to capital gains, increasing exemptions from the tax, and providing for retirement system contributions on behalf of employers other than the state.
Summary: The summary in the fiscal note accurately states: "This bill makes changes to the interest and dividends tax by including capital gains as taxable income and increasing the tax exemptions for the tax; creates the capital gains reserve fund; and reinstates the state contribution to political subdivisions for employer contributions for group I and group II members."
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB644
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0644.html
Analysis Stated in Bill:
Talking Points:
There are some different thoughts on the analysis team.
Most are against the bill because it creates another hidden income tax.
For:
It will increase the exempt amount to $7500. Also will bring back State contributions to NH Retirement which will lessen towns’ expense and theoretically lessen property taxes.
Distributions from a qualified retirement plan would not be subject to the tax.
Against:
Real estate investors, when they sell a building, could be easily subject to this additional tax, and that is why should oppose the bill.
The interest and dividend tax is a limited income tax, and one more type of income (capital gains)under this bill would be subject to taxes and thus a hidden income tax.
It will tax everyone that sells home at a profit You already pay a transfer tax on the sale and purchase of your home or rental property. Therefore, this bill would cause double taxation on the sale of your real property.
=====================
HB623, Abandonment Of Animals In A Foreclosure
02/01/2017 at 01:15 PM LOB Room 302
Title: Title: relative to animals abandoned in the foreclosure process.
Summary: The bill would make it a crime to fail to make arrangments for animals upon receiving of notice of foreclosure, which would include leaving the animals in the forclosed property when the owner is evicted.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB623
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0623.html
Analysis Stated in Bill:
Talking Points:
Who is going to enforce this bill if it becomes law, and
who is going to pay for the costs of enforcement? Not the persons who lost the property in forclosure, as they are already broke.
=====================
HB654, Regulation and Rooms & Meals tax for short term rentals
02/01/2017 at 02:00 PM LOB Room 302
Title: Title: relative to short-term and vacation rentals under the meals and rooms tax.
Summary: This is a detailed bill that would first stop municipalities from prohibiting short term rentals, but would allow the short term rentals to be subject building and similar codes, and would set up a system to allow entities that handle short term rentals to pay the rooms and meals tax on behalf of the property owner.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB654
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0654.html
Analysis Stated in Bill:
Talking Points:
Note the rooms and meals tax is already a requirement to be paid under present law and this bill does not change that fact.
The following description is listed in the bill purpose.
“Internet platforms are enabling more Americans to earn extra income from their homes and investment properties through short-term and vacation rentals. At the same time, American travelers and family vacationers are saving money by renting fully-furnished homes instead of hotel rooms. The growth of this new market is encountering resistance from many governments, in the form of zoning restrictions and prohibitions that prevent homeowners from using their residences for short-term rentals. In 2016, Arizona enacted breakthrough legislation that enables short-term rentals while increasing tax revenue and preserving limited local regulation. The Arizona law stops local governments from prohibiting short-term rentals, while allowing local enforcement of regulations on parking and public safety. This law also makes taxes more efficient by allowing online platforms to collect and pay taxes at the state level, relieving homeowners of the need to file individually.”
The bill would allow the use of rooms in a home for short term rentals, and would subject the room or other lodging to be up to housing standards. Taxing the rooms would help level the playing field for hotels, as they have to charge the tax and are at a price disadvantage with the short term renters, as well as put more funds in the state treasury. It also specifically allows on line platforms that handle short term room rentals to handle the rooms and meals tax which is supposed to be paid under existing law.
=====================
SB229, Eminent Domain Pipelines
02/07/2017 at 09:15 AM SH Room 103
Title: Title: relative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Summary: The legislative services analysis of the bill is an accurate summary of the
bill. It states (Via copy and paste) I. Allows an owner of residential property to have an updated appraisal completed at the expense of a pipeline company seeking to acquire the property by eminent domain.
II. Allows certain owners of property subject to a permanent partial taking under eminent domain to require a pipeline company to take the entire tract of land.
III. Provides for the awarding of relocation, temporary housing, and legal expenses in gas pipeline eminent domain proceedings.
IV. Requires the site evaluation committee to file as an intervenor in Federal Energy Regulatory Commission proceedings involving siting of high pressure gas pipelines.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: 0; 0; andy.sanborn@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; jeb.bradley@leg.state.nh.us; ;
Subject: SB229
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0229.html
Analysis Stated in Bill:
Talking Points:
Owners of residential property, which generally are single family homes and duplexes, would have the ability to have their property appraised, at the pipeline company's expense, if it is threatened to be taken by eminent domain action by a pipeline company, as well as forcing the company to take the entire parcel of land, in certain circumstances, and be paid for temporary housing. Since many homeowners do not have the resources to fight the valuations of the pipeline company, this does level the playing field. The state also would be required to appear in any action before the Federal Energy Regulatory Commission to protect the interests of New Hampshire, and hopefully, its residents.
These things make sense to ensure a property owner is adequately compensated for their property if taken by eminent domain for pipeline purposes. NH desparately needs pipeline capacity to bring low cost natural gas to bear, and this could help get opponents of pipeline infrastructure onboard.
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SB53, Regulation of Appraisers
02/15/2017 at 09:00 AM LOB Room 101
Title: Title: relative to regulation of appraisal management companies by the real estate appraiser board.
Summary: Seems to have little impact on landlords.
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: SB53
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0053.html
Analysis Stated in Bill:
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you. If you learn more please let us know.
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SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
02/15/2017 at 09:00 AM SH Room 100
Title: Title: establishing a committee to study the tax characterization of stormwater utility fees.
Summary: The bill would establish a commission to study the recharactorizion of stormwater utility fees so that the fees are federal tax deductable
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: SB186
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0186.html
Analysis Stated in Bill:
Talking Points:
This bill would only effect those in communities that have stormwater utility charges, and have large enough properties to be taxed because of the property contributes run off to the storm drain system. Since the fees are an actual out of pocket expense for the owner of such real estate, just like water and sewer bills, the fee should be deductible for the calculation of income taxes.
This fee may not be deductible against income tax presently. This bill would study allowing a property owner to deduct this expense against their federal income tax.
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