Legislative Update - Bedbug Bill to be heard this Week

Provided by the Nick Norman, RPOA Director of Legislative Affairs

Howdee everyone,

As mentioned previously, we are now having a high legislative activity over the next few weeks. We will need every one’s help and quick responses to represent property owner’s interests.

The most important bill this week is:02/07/2013 at 02:30 PM LOB 208
HB482, The Bedbug Bill
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For

Note this is a well balanced bill. Many months of deliberation from all parties involved including representatives for landlords participated in crafting this bill. It balances responsibilities for both landlord and tenant. This is a major piece of legislation affecting the landlording business. Please read the full detail below and show your support for this bill.

Please attend this hearing, email and call the committee.~HouseJudiciaryCommittee@leg.state.nh.us

This week:02/05/2013 at 09:00 AM SH 103
SB43, Reduced assessments for history buildings
Level of Response: You Decide
Property Owner Position: You Decide

02/05/2013 at 11:00 AM LOB 302
HB464, Removal Of Condominium Board Members
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

02/05/2013 at 11:30 AM LOB 302
HB472, Definition Of Tenancy In Rooming Houses
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

02/07/2013 at 11:15 AM LOB 301
HB593, Due Date For Final Property Tax Bills
Level of Response: LimitedImpact; You Decide
Property Owner Position: LimitedImpact; You Decide

02/07/2013 at 01:30 PM LOB 208
HB543, Ascertaining Damages To Abutting Landowners
Level of Response: Call & Email Legislators
Property Owner Position: For

02/07/2013 at 02:30 PM LOB 208
HB482, The Bedbug Bill
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For

02/12/2013 at 10:15 AM SH 100
SB108, Land Owner Liability When Permitting Recreational Use
Level of Response: You Decide
Property Owner Position: For

Next week:
None scheduled yet. Bills are being released and scheduled quickly so stay tuned.

Not scheduled but on its way:Time not specified LOB 306
HB421, Real Estate Brokerage Regulation
Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

Time not specified LOB 306
HB463, Certification Of Property Managers
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

See below for full details on all bills listed above which also includes talking points, much more

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
DETAILS

SB43, Reduced assessments for history buildings
02/05/2013 at 09:00 AM SH 103
Title: relative to the property taxation of qualifying historic buildings.

Summary: This bill is enabling legislation for municipalities in regards to history buildings that are one hundred years or older, owned by a non-profit organization, and are on the state or federal historic register. If a town adopts the provisions of this bill, then such buildings can not be assessed for more than 10% of the building’s market value.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0043.html
Analysis Stated in Bill: This bill enables towns and cities to appraise certain qualifying historic buildings at a percentage of market value in order to encourage the preservation of the historic buildings.

Talking Points: 
The impact will be that the tax base in a municipality will be slightly reduced, and all other property tax payers would have to make up the difference in a higher tax rate.

Since the bill has minimal impact on us and has a large number of sponsors, we recommend no action.
=====================
HB464, Removal Of Condominium Board Members
02/05/2013 at 11:00 AM LOB 302
Title: establishing a procedure for removal of condominium board members.

Summary: Establishing a procedure for removal of condominium board members

Property Owner Position: LimitedImpact; 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: HB464

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0464.html
Analysis Stated in Bill: This bill establishes a procedure for removal of a condominium board member by a vote of the unit owners’ association.

Talking Points: 
Not sure why the government has effect over what a condo association can and cannot do.

=====================
HB472, Definition Of Tenancy In Rooming Houses
02/05/2013 at 11:30 AM LOB 302
Title: relative to residential units in rooming houses.

Summary: Presently RSA 540 is excluded from tenants in a rooming house where the tenant stays fewer than 90 days.

This bill changes the exclusion by adding:
“For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, the 90-day period for computing consecutive days of occupancy shall not be broken.”

Property Owner Position: Limited Impact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43

Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB472

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0472.html
Analysis Stated in Bill: This bill clarifies that the exclusion of rooming houses from the definition of tenancy cannot be extended by directing the occupant to move from one room to another within the 90-day exemption period.

Talking Points:
Note that since it is not directly addressed in the bill, it can be argued, that if the guest requests a room change, then the 90 days is broken, since, if the bill passes, the legislature had the opportunity to address this and did not.

If the guest stays 90 days or more, RSA 540 would apply, and the guest would have to be evicted, because at that point the guest now becomes a tenant. Within less than 90 days the owner should have some knowledge if the guest is a problem, and should ask the guest to leave to avoid invoking RSA 540 rights.

Since the consequences to the owner of this bill are not that great we think that opposing the bill would make us look bad to the legislature.
=====================
HB593, Due Date For Final Property Tax Bills
02/07/2013 at 11:15 AM LOB 301
Title: establishing a committee to study extending the due date for final property tax bills.

Summary: Establishing a committee to study extending the due date for final property tax bills.

Property Owner Position: LimitedImpact; 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: HB593

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0593.html
Analysis Stated in Bill: This bill establishes a committee to study extending the due date for final property tax bills.

Talking Points:
Limited Impact; You Decide
=====================
HB543, Ascertaining Damages To Abutting Landowners
02/07/2013 at 01:30 PM LOB 208
Title: relative to ascertaining damages to abutting landowners.

Summary: This bill addresses work being done by a town (what about cities or the state?) in repairing a highway by either raising or lowering the grade, installing ditches or culverts or altering such where the abutting landowner sustains damage.

The bill specifies a notice procedure to the abutters before commencing work.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB543

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0543.html
Analysis Stated in Bill: This bill establishes a procedure for ascertaining damages to private land when a highway is maintained or repaired in a manner that changes the grade or drainage of the property, including changes in drainage structures such as culverts or ditches.

Talking Points:
The bill is a substantial change from current law in specifying a notice procedure to the abutters before the work is to be commenced, except in emergency procedures, and allowing the abutter to challenge the work. Notice is required 30 days before the work is to be commenced and at least 15 days before the work when the abutter can be heard by the selectmen. This is not required if all the work is being done within the highway right of way.

If the owner is not satisfied with the decision of the selectmen, the owner then has the right to appeal to the superior court.

For those of us with property in downtown locations this bill will not have any major impact on us. For anyone with property in more rural locations, this bill may help as it is much clearer than existing law.
=====================
HB482, The Bedbug Bill
02/07/2013 at 02:30 PM LOB 208
Title: regarding infestation of bed bugs in rental housing.

Summary: This is a good bill because it puts some of the burden of infestation back to the tenant. It allows landlords to evict based on non-payment if the tenant does not pay for extermination if it is determined that the tenant brought them in.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB482

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0482.html
Analysis Stated in Bill: This bill addresses landlord, tenant, and municipality responsibility for bed bug infestations.

Talking Points:
This is one of the most complicated bills that will have a very direct impact on both landlords and tenants.

The first paragraph of the bill, the declaration of purpose, if the bill passes, is a declaration by the legislature that reasonable measures need to be taken to promote prompt and effective mediation of bedbug infestation. This declaration can open the door to lawsuits for failure to take such actions. It is a statement to everyone not to ignore the problem.

The second and third paragraph of the bill incorporates into the state housing code that not taking measures to remediate a bedbug infestation will be a violation of the minimum standards for housing in the state. Communities can enact their own more stringent codes. This section gives building inspectors the power to deal with bedbug infestations the same powers they have to deal with other infestations.

The fourth paragraph, by amending RSA 540-A, WILL ALLOW LANDLORDS TO ENTER APARTMENTS WITHOUT TENANT CONSENT OR NOTICE to formulate a plan or engage in emergency remediation of rodents or insects, including bedbugs, so long as the entry took place within 72 hours of the landlord first receiving notice of the infestation. This paragraph is a major benefit to landlords to start dealing with the problem promptly. If it takes longer than the 72 hours, the current law applies, the landlord must give the tenant reasonable notice under the circumstances and a tenant is barred from prohibiting the landlord from entering.

The fifth paragraph of the bill makes it a violation of RSA 540-A for a landlord willfully, that means the landlord intended, not to investigate a complaint within 7 days and to take reasonable measures to remediate an infestation.

The fifth paragraph also makes it a violation of RSA 540-A for:
the tenant to refuse the landlord access to his or her apartment to make emergency repairs;
the tenant to refuse the landlord to evaluate if bedbugs are present if the landlord received a complaint about an adjacent unit as long as the landlord gave 48 hours notice;
the tenant to willfully fail to comply with written instructions from the landlord or pest control operator to remediate so long as the instructions were given to an adult, someone 18 years or older, and the tenant was given a reasonable opportunity to comply of not less than 72 hours.

This section of the bill makes it clear that a landlord may only enter without the consent of the tenant to make emergency repairs or with a court order.

Paragraph 6 defines infestation of bedbugs as any bedbugs in rented residential property, and remediation as any treatment that substantially reduces the presence of bedbugs for 60 days. NOTE landlords are not required to use a licensed exterminator nor totally eradicate the insects, as this can be very difficult and expensive. These definitions will be in RSA 540 and not in RSA 540-A, although I expect the courts will use these definitions when reading RSA 540-A

Paragraph 6 also makes the landlord responsible for the cost of remediation in the first instance. The landlord can bill the tenant for the cost if the landlord believes the tenant is responsible for the infestation. If the tenant does not pay the landlord within 30 days or enter into an agreement to repay the landlord, such becomes a ground for eviction for non-payment of rent (A seven day notice and a demand for rent is required)

If the landlord tries to evict the tenant or seek damages for the infestation, the landlord bears the burden of proof (by the preponderance of evidence) that the tenant was responsible for infestation and the landlord offered the tenant the opportunity to enter into a payment plan.

However, the bill gives the landlord a rebuttable presumption that if there were no reports of bedbugs in the tenants unit or directly adjacent units or units directly above or below within 6 months then the tenant was responsible for the infestation. Paragraph 6 then goes on to give courts guidance to be used in determining if the tenant was responsible for the infestation or the bedbugs came from another unit or were in the unit at the time the tenant took possession of the apartment or single family house.

Paragraph 7 of the bill adds a new ground for eviction, but on a 30 days notice. That ground is willful failure of the tenant to prepare a unit for remediation after the tenant was given reasonable notice. Keep in mind that although this paragraph requires a 30 days notice, the landlord can seek a court order as noted above pursuant to RSA 540-A. Those orders can be obtained fairly quickly.

Paragraph 7 also makes it clear that the $1,000 fine for the initial violation and the $1,000 per day fine for a violation after a court order set forth in RSA 540-A is issued does not apply when dealing with infestations.

We support this bill. It is a balance between the interests of society, the landlords and the tenants. As landlords we now have a clearly defined responsibility to remediate the bedbugs, but we have the ability to seek financial reimbursement from a tenant who brought the problem into our building. We also gain the ablity to have the courts order the irresponsible tenants to join in the remediation effort or face contempt and/or eviction. The tenants will have means to force the landlords who do not maintain their buildings, the irresponsible landlord, to remediate.

We also support this bill because I fear that someone will propose, if this does not pass, a bill that would not be as balanced, and the landlord would be responsible not only for remediation but all the costs of such. Further, such a bill may not include as a ground for eviction failure of a tenant to cooperate in the remediation effort. WE COULD DO A LOT WORSE AND LET'S NOT TAKE THAT RISK.

=====================
SB108, Land Owner Liability When Permitting Recreational Use
02/12/2013 at 10:15 AM SH 100
Title: relative to the liability of landowners who permit use of their land for recreational activities.

Summary: The bill states that the owner of land who allows its use for recreational activities owes no duty of care to keep it safe for those who use the land or who construct structures on the land. The current paragraph II seems to say almost the same thing.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: SB108

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0108.html
Analysis Stated in Bill: This bill provides that landowners who permit the use of their land for outdoor recreational activities owe no duty of care to individuals engaged in the recreational activity, including to those engaged in the construction of facilities associated with the outdoor activity.

Talking Points:
Not sure what the drafters of the bill were trying to accomplish.
=====================
HB421, Real Estate Brokerage Regulation
Time not specified LOB 306
Title: relative to regulation of real estate brokerage and sales by the real estate commission.

Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.

Property Owner Position: Limited Impact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB421

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.

Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.

The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
=====================
HB463, Certification Of Property Managers
Time not specified LOB 306
Title: requiring property managers to be certified.

Summary: This bill requires that a person employed by an association of unit owners, basically a condo association, be currently certified by the Community Associations Institute. If such a person is not certified, that person is guilty of a violation, meaning that person can be fined in criminal court.

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB463

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0463.html
Analysis Stated in Bill: This bill requires property managers for associations of unit owners of real property to be certified as qualified by the national Community Associations Institute.

Talking Points:
The bill does not directly impact landlords, but if condo managers have to be certified, will the state require property managers to be certified, even if the property manager of an apartment complex is a direct employee of the owners of the apartment complex?

We recommend writing committee members to express concerns about the bill - who is the institute?, does certification really protect the assets of the unit owners?, there is no bonding requirements to handle money?, and anything else anyone can think of.
If this more directly affects you please attend hearings as well.

Of course as a general rule we are against more regulation.
==============================================

New Class from Lead-Edu: SUPER CLEAN after Lead Renovation

The class will cover what is required to be sure that all lead dust and debris is removed from the living area. It will cover cleaning verification after an RRP job, and also cleaning for clearance after a lead-abatement job....but mostly, it will be a hands-on exercise in how to clean sufficiently to make the home safe for residents after a renovation that disturbs lead paint. Date and Time: Tuesday Feb 19 from 8:00am -12:00pm Location: 251 Pine St Manchester NH Cost: $75 For more details visit www.lead-edu.info/ or call/email Ben Kirkwood (see contact info below).   New England Health and Housing Lead-Edu www.lead-edu.info

Ben Kirkwood

251 Pine St.

Manchester, NH 03103

603 716-2901

603 203-6430 (cell)

K.Kirkwood Consulting, LLC

ben@kkirkwood.com

Legislative Update #3 - IMPORTANT LANDLORD HEARINGS THIS WEEK

Provided courtesy of the RPOA, Nick Norman Director of Legislative Affairs

As mentioned previously, we are now having a high legislative activity over the next few weeks.  We will need every one’s help and quick responses to represent property owner’s interests.
 On Monday, Tuesday, Wednesday & Thursday of this week please email or call the committee that is hearing the bills in this weeks schedule below and give them your input.
The most important bills this week are:
HB409     01/31/2013 at 01:30 PM    LOB 208
Title: relative to the issuance of a default judgment in landlord-tenant actions.
Property Owner Position: Against

HB413     01/31/2013 at 02:00 PM    LOB 208
Title: making relinquishment or abandonment of leased premises a defense for landlords.
Property Owner Position: For

Please attend these hearings, email and call the committee.

EMAIL: HouseJudiciaryCommittee@leg.state.nh.us
See more info in Full Detail further below.

This Week's Hearings

01/29/2013 at 01:30 PM    LOB 301
HB298, Prohibit Publishing Property Tax Exemptions
Level of Response: Call & Email Legislators
Property Owner Position: Against

01/29/2013 at 01:40 PM    LOB 101
Assisted Living Facilities; Advance Payments and Security Deposits, SB60
Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

01/29/2013 at 02:30 PM    LOB 301
Raising Optional Property Tax Credit For A Totally Disabled Veteran, HB446
Level of Response: Call & Email Legislators
Property Owner Position: Limited Impact; You Decide

01/30/2013 at 09:15 AM    SH 100
Applications For Appraisers License, SB42
Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

01/30/2013 at 10:00 AM    LOB 202
HB318, Collection Of Education Tax
Level of Response: You Decide
Property Owner Position: You Decide

01/30/2013 at 10:30 AM    LOB 302
HB278, Voluntary Sprinkler Systems
Level of Response: You Decide
Property Owner Position: You Decide

01/31/2013 at 11:00 AM    LOB 301
Amends The Definition Of Residential Real Estate In An Industrial Zone, HB438
Level of Response: Limited Impact; You Decide
Property Owner Position: Limited Impact; You Decide

01/31/2013 at 01:00 PM    LOB 306
HB377, Archeological Investigation On Private Land
Level of Response: Email & Call Legislators
Property Owner Position: For

01/31/2013 at 01:30 PM    LOB 208
Striking Default L & T Judgments, HB409
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: Against

01/31/2013 at 02:00 PM    LOB 208
Abandonment, HB413
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For

Next week
None scheduled yet. Bills are being release and Scheduled quickly so stay tuned.

Full details on all bills Still Active below
Which includes Talking points, contact info & much more

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
To find both your Representative & Senator go to
http://www.gencourt.state.nh.us/house/members/wml.aspx

This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”

Link to each committee contact info is listed with full detail of each bill.
==============================================
Full details on all bills being heard this week:

HB298, Prohibit Publishing Property Tax Exemptions
01/29/2013 at 01:30 PM    LOB 301
Title: prohibiting the publication of the names of persons granted property tax exemptions, credits, or deferrals.

Summary: This bill prohibits publishing the names of persons granted property tax exemptions for residential real estate.

Property Owner Position: Against

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: HB298

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0298.html
Analysis Stated in Bill: This bill prohibits the publication of the names of persons receiving a property tax exemption,
credit, or deferral for their residential real estate, and adds a penalty for failure to comply.

Notes: This appears to be shifting some authority over tax collection from the local level to the state level.  Further study is required.

Talking Points:
This simple bill does exactly what its stated purpose is. It is very wrong. The granting of exemptions needs to be public in order that abuses can be found. We should oppose this bill. We want transparency in government.

=====================
SB60, Assisted Living Facilities; Advance Payments and Security Deposits
01/29/2013 at 01:40 PM    LOB 101
Title: relative to assisted living facilities and landlord tenant law.

Summary: The first part of the bill requires that security deposits paid be subject to RSA 540-A (escrowed ect). It also requires that the residential service agreement that is required before someone moves into such a facility set forth the amount and purpose of such payments. The second part of the bill amends RSA 540-1a, although the bill says RSA 540-1. This amendment would exclude as being a tenant under RSA 540, people in hospitals and residential care facilities (RSA 151) or certified by the Department of Health and Human Services.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: represcott@represcott.com; raymond.white@leg.state.nh.us; tom.deblois@leg.state.nh.us; matthew.houde@leg.state.nh.us; andy.sanborn@leg.state.nh.us;
Subject: SB60

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0060.html
Analysis Stated in Bill: This bill excludes assisted living facilities and community residences for the developmentally
disabled and chronically ill from the definition of tenant for purposes of landlord/tenant law.
This bill also requires that security deposits for assisted living facilities be subject to RSA
540-A.


Talking Points:
Does this only apply to Assisted Living Facilities?
If we have some one who requires assisted living (broad definition) living in an apartment – do these changes apply?
More analysis is needed.

=====================
HB446, Raising Optional Property Tax Credit For A Totally Disabled Veteran
01/29/2013 at 02:30 PM    LOB 301
Title: relative to the amount of the optional property tax credit for service-connected total disability.

Summary: A city or town can adopt an alternative credit of $701 to $2000 which would replace the $700 credit.

Property Owner Position: LimitedImpact; 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: HB446

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0446.html
Analysis Stated in Bill: This bill allows towns and cities to changes the amount of the optional property tax credit for
service-connected total disability from a maximum of $2000 to an amount which is one-half of
the total annual property tax bill.


Talking Points:
Under current law a veteran honorably discharged with a service related total disability or double amputee, or that person’s spouse, receives a $700 tax credit on his or her property taxes.

This bill enables municipalities to adopt an optional credit of $701 to $2000 or one half of the disabled veteran's total property tax bill.

The bill only is available to fully disabled honorably discharged veterans, who were disabled in the course of serving this country. Even if a municipality adopts the highest optional credit allowed, we do not expect the impact to be great on other taxpayers in that community. Since the people who will benefit from the bill voluntarily gave their bodies and their ability to earn a living to our country, we think we should write to the committee members supporting the bill.

=====================
SB42, Applications For Appraisers License
01/30/2013 at 09:15 AM    SH 100
Title: relative to applications for licensure by the real estate appraisers board.

Summary: Just letting you know the bill exists in case it may affect you.

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0042.html
Analysis Stated in Bill: This bill requires applicants for licensure by the real estate appraisers board to have a
criminal history records check. The bill also provides for licensure by reciprocity for
applicants who are in good standing in another state.

Talking Points:
Limited Impact; You Decide
=====================
HB318, Collection Of Education Tax
01/30/2013 at 10:00 AM    LOB 202
Title: relative to collection of the education property tax and establishing a program to rebate certain excess property tax payments of eligible taxpayers.

Summary: Just letting you know the bill exists.
This bill requires more knowledge & time than we have to properly review it.  Dive in if your so inclined.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28

Email to Committee:
To: 0
Subject: HB318

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0318.html
Analysis Stated in Bill: This bill transfers the authority to collect the education property tax from the municipalities
to the department of revenue administration. The bill establishes a program for the rebate of
excess education property tax payments made by eligible taxpayers in the state. Claims for
rebates shall be made to the department of revenue administration and qualifying claims
shall be paid from the interest which accumulates on education property taxes collected by
the department.


Talking Points:
None developed so far.
=====================
HB278, Voluntary Sprinkler Systems
01/30/2013 at 10:30 AM    LOB 302
Title: relative to voluntary installation of fire suppression sprinklers.

Summary: Just letting you know the bill is here in case you want to get involved. It deals with allowing an applicant to the local land use board to offer voluntary installation of sprinkler systems.  If accepted the sprinkler system then becomes required.

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: HB278

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0278.html
Analysis Stated in Bill: This bill authorizes an applicant to offer installation of fire suppression sprinklers as a
condition of local permit approval.


Talking Points:
None developed so far.
=====================
HB438, Amends The Definition Of Residential Real Estate In An Industrial Zone
01/31/2013 at 11:00 AM    LOB 301
Title: relative to the appraisal of residences in an industrial or commercial zone.

Summary: The bill eliminates the "no other use" restriction (for “current use” assessment) and replaces it with the requirement that the major use is for residential purposes.

Property Owner Position: LimitedImpact; 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: HB438

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0438.html
Analysis Stated in Bill: This bill provides that buildings and structures in an industrial or commercial zone whose
major use is for residential purposes shall be appraised as part of the owner’s residence.


Talking Points:
Owners of residential real estate in an industrial zone may apply each year for a special current use assessment of the real estate. The current definition only allows the current use assessment if the real estate is used as the owner's principal place of abode and no other use.

One example of how this change would work is the individual who has a home based business. Lives in the house and uses the garage or an out building to fix cars, run a plumbing business, daycare, have a home office such as an insurance salesman, lawyer, doctor.  It would help that person not be taxed at the industrial rates, if they are higher, and keep his or her home and other uses of the land.

We do not see a direct impact on us as residential landlords. The bill only applies to owner occupied structures.

Note: The effective date of the bill is April 2012.  They need to correct that.

=====================
HB377, Archeological Investigation On Private Land
01/31/2013 at 01:00 PM    LOB 306
Title: relative to archeological investigations on private or public property.

Summary: The bill simply prohibits archeological investigations on private land unless there is concrete evidence relics exist. The bill also brings in a state agency if relics are found.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07

Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: HB377

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0377.html
Analysis Stated in Bill: This bill prohibits archeological investigations on properties unless the division of historical
resources determines there is concrete evidence that historic resources exist at the property.

Talking Points:
This bill protects private property rights since concrete evidence has to be found before private property is subject to an investigation.

=====================
HB409, Striking Default L & T Judgments
01/31/2013 at 01:30 PM    LOB 208
Title: relative to the issuance of a default judgment in landlord-tenant actions.

Summary: This bill establishes a procedure for the tenant to vacate a default eviction judgment (tenant did not show up for court) by simply paying rent from the time of the motion until the court decides on the motion to vacate.  The court may waive the payment required by the tenant.

Property Owner Position: Against

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: HB409

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0409.html
Analysis Stated in Bill: This bill requires a tenant who files a motion to vacate a default judgment to pay all rent as it
comes due pending the district court’s decision.

Talking Points:
This short bill addresses the situation when a tenant fails to either file an appearance, or misses the court date in a landlord and tenant action and then, prior to the issuance of the writ of possession files a motion to vacate the default (aka strike the default). The bill, in that situation would require the tenant to pay all rent as it becomes due between the date of the motion to vacate and the Circuit Courts decision (wrongly named district court in the bill).  There is even a provision allowing the court to waive the payment from the tenant.

As written, this bill is very problematic. First, who determines the amount of rent that should be paid?  Who is the rent paid to?  When does the tenant have to pay the rent? What if the eviction is not about rent, the tenant has paid the landlord and does not owe any rent? Finally, this bill is subject to constitutional challenge, both because it is vague and the tenant is found to owe money without the benefit of a hearing.
=====================
HB413, Abandonment
01/31/2013 at 02:00 PM    LOB 208
Title: making relinquishment or abandonment of leased premises a defense for landlords.

Summary: This bill clarifies conditions that can be used to determine the tenant has abandoned the property. Making abandonment of the premise a defense to an RSA 540-A action against the landlord.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB413

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0413.html
Analysis Stated in Bill: This bill makes relinquishment or abandonment of the premises a defense for landlords in an
action under RSA 540-A.

Talking Points:
Under current law, there is no definition of abandonment. As a result, every time a tenant moves out, a landlord is always subject to a 540-A action (fining landlord) unless the tenant gives notice in writing that the tenant is fully moved out and returns possession to the landlord or the landlord goes through the eviction procedure and has the sheriff serve the writ of possession.

The first part of the bill makes it clear that if all tenants of an apartment sign a document that they relinquish possession that such action is a defense for a 540-A action.

The second part lists various factors that show a tenant has abandoned the leased premises. If a landlord can prove two of these factors, that will be a defense to a 540-A action.  These factors are subject to negotiation as we go through the legislative process.

The bill is advantageous to Landlords, Tenant and the Courts.  With a clarified standard for abandonment, Landlords will not have to spend the money or time on filing eviction actions, and the tenant will not have an unnecessary eviction on his or her record. This will also reduce the number of cases filed in the badly overburdened courts.
====================

IMPORTANT LANDLORD BILLS THIS WEEK

Provided as a courtesy for RPOA, Nick Norman Director, Legislative Affairs

As mentioned previously the legislative process started up slowly this year. That means the bills that have been delayed are now coming out and we will likely have very high legislative activity over the next few weeks. We will need every one’s help and quick responses to represent property owner's interests.

On Monday, Tuesday & Wednesday of this week please email or call the committee that is hearing the bills in this weeks schedule below and give them your input.

HEARINGS SCHEDULED THIS WEEK

The most important bill this week is:
HB188, Material Breach 7 day Notice

01/22/2013 at 10:30 AM LOB 208
Level of Response: Attend hearings, Email & Call Legislators
Property Owner Position: For

To read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0188.html
Please attend the hearing, email and call the committee.

Email: HouseJudiciaryCommittee@leg.state.nh.us

 01/22/2013 at 10:00 AM LOB 208
HB211, Service of Process for Commercial Properties
Level of Response: Limited Impact so contact legislators if this affects you
Property Owner Position: For
To read this bill: http://www.gencourt.state.nh.us/legislation/2013/HB0211.html

Email to Committee: HouseJudiciaryCommittee@leg.state.nh.us

01/22/2013 at 10:00 AM LOB 301
HB176, Veterans Credit in year of purchase
Level of Response: You Decide
Property Owner Position: You Decide
To read this bill: http://www.gencourt.state.nh.us/legislation/2013/HB0176.html

Email to Committee: HouseMunicipalandCountyGovt@leg.state.nh.us

01/22/2013 at 10:15 AM LOB 302
HB227, Casualty Insurance Carriers File Retention & amendments
Level of Response: You Decide
Property Owner Position: You Decide
To read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0227.html

Email to Committee: HouseCommerceAndConsumerAffairs@leg.state.nh.us

01/22/2013 at 11:00 AM LOB 208
HB210, Condemnation and Eviction from Manufactured  Housing Parks
Level of Response: If you own or manage a Manufactured Housing Park then Attend hearings, Email & Call Legislators
Property Owner Position: For

To read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0210.html

Email to Committee: HouseJudiciaryCommittee@leg.state.nh.us

01/23/2013 at 02:15 PM LOB 301
HB235, Enabling Counties to contract for real estate services
Level of Response: Limited Impact, You Decide
Property Owner Position: Limited Impact, You Decide
To Read this Bill: http://www.gencourt.state.nh.us/legislation/2013/HB0235.html

Next week:
None scheduled yet. Bills are being release and Scheduled quickly so stay tuned.

==============================================
To find both your Representative & Senator goto
http://www.gencourt.state.nh.us/house/members/wml.aspx

This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”

Link to each committee contact info is listed with full detail of each bill.

==============================================
Full details on all bills Still Active:
HB211, Service of Process for Commercial Properties
01/22/2013 at 10:00 AM LOB 208
Title: relative to serivce of demand for rent and eviction notice.

Summary: The bill clarifies the options that a landlord of commercial property has for serving a commercial tenant with a Demand for Rent and/or Eviction Notice by adding a tenants “registered agent” as an acceptable certified mail recipient of copies of the Demand for Rent and Eviction Notice as required under RSA 540:5.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB211

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0211.html
Analysis Stated in Bill: This bill provides that in the case of commercial rental property, service of process for non-resident tenants shall be by certified mail to the tenant’s registered agent, if any, or by
certified mail to the tenant’s last known legal address.

Talking Points:
A. When serving a commercial tenant with a Demand for Rent and/or Eviction notice, the landlord must serve the notice(s) at the subject property and also by certified mail to the last known legal address.

This bill simply includes a registered agent of the tenant as an acceptable addressee to send copies of the notice to by Certified Mail.

B. If a tenant were intentionally being evasive in an effort to avoid an eviction, this change would promote justice for the landlord.

=====================
HB176, Veterans Credit in year of purchase
01/22/2013 at 10:00 AM LOB 301
Title: allowing towns and cities to grant a part year eterans credit during the year of acquisition of property.

Summary: This bill enables cities and towns to adopt a policy that the real estate tax credit available to veterans will be available to the veteran in the year that the veteran purchases property in that city or town, on a pro-rata basis. This bill does not require a city or town to adopt such a policy, it only enables the municipalities to do so.

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: HB176

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0176.html
Analysis Stated in Bill: This bill enable towns and cities to authorize the governing body to grant part year veterans’ credits to person who acquire property and are eligible for the veterans credit.

Notes: If a municipality does adopt the partial credit, the cost of the credit will be spread over the other tax payers in the community. We feel that the impact will be minimal and it has limited impact on the majority of the members. Separate from being property owners, many of us feel veterans are certainly deserving of our support.

Talking Points:
none developed so far.

=====================
HB227, Casualty Insurance Carriers File Retention & amendments
01/22/2013 at 10:15 AM LOB 302
Title: relatie to property and casualty insurance.

Summary: This bill expands the list of things that an insurance company must retain for the year of the claim and the five years thereafter to include debt and bank card information.

The second section deals with rebating commissions.

The third section adds a provision that if there is an audit regard premiums, that has to be completed within 120 days of the cancellation of the policy, and any refund due must be sent out within the 120 days. A fine of $1,000 per day can be imposed on any company that violates this provision, unless notice of a dispute is sent in 120 days.

The balance of the bill, which was proposed by the NH Dept of Insurance, is amendments to regulatory system for insurance and adjusters. The bill appears to be consumer friendly, which as buyers of insurance, landlords would want.

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: HB227

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0227.html
Analysis Stated in Bill: This bill makes certain changes in the laws relative to property and casualty insurance.
This bill was requested by the insurance department.

Notes: This is a complicated bill that would need lots of study to respond intelligently. We feel our time is better spent on bills directly affecting our business. You decide if this affects you enough to pursue it further.

Talking Points:
none developed so far.

=====================
HB188, Material Breach 7 day Notice
01/22/2013 at 10:30 AM LOB 208
Title: decreasing the time required for eiction notice in cases where there is a material breach of the lease and requiring the tenant to meet financial obligations under the lease pending appeal.

Summary: Reducing eviction notice period from 30 days to 7 days for material breach of lease, and requiring tenants to pay all financial obligations during appeal of eviction.

1. This Bill proposes to decrease the time required for eviction notice for a material violation of the lease.

2. Requires a tenant, upon filing for an appeal to an eviction, to make weekly payments into the court of all financial obligations under the lease as they become due including: rent, utilities bills, etc.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB188

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0188.html
Analysis Stated in Bill: This bill decreases the notice required for eviction based on material breach of the lease from 30 days to 7 days. The bill also requires the tenant to pay utility bills and other financial obligations due under the terms of the lease pending appeal of the eviction action.



Talking Points:
Under current law, if a tenant breaches a material term of the lease or rental agreement, to evict a tenant the landlord must serve the tenant with a 30 day eviction notice. This bill changes notice for those conditions to 7 days, same as failure to pay rent.

In addition, the bill would require tenants who appeal eviction actions, to pay all utility bills and other financial obligations as they become due either to the utility provider or into court while the appeal is pending.

Examples of Lease Term Violations: Smoking in the rented unit, permitting an unauthorized pet, permitting additional occupants to reside in the unit, failure to pay for utility charges agreed to in the lease agreement, failure to heat a living space in the winter months, opening windows in the winter time when the landlord pays for the heat, failure to cooperate with maintenance of the building, failure to keep the apartment clean to avoid insect or rodent infestation, disturbing other tenants, failure to abide by parking rules, continued abuse of an onsite dumpster, etc.

If a tenant violates one or more of the material terms of the lease, there are consequences to the property owner. Reducing the notice period from 30 days to 7 days limits the damages to the property owner for continued violation of a lease term.

If a tenant pays rent, but does not pay for utilities as required in the lease, especially heat during the winter, landlords have to either pay for the heat or risk freezing pipes. If the landlord pays for the heat, we are lending or giving free utilities to the tenants. Landlords are neither lending institutions nor private charities.

Many times an eviction for material breach of the lease is due to actions by the tenant the adversely affect other tenants. An example of this is loud parties. The delay in having to wait 30 days rather than 7 to file a writ is unfair to the other tenants, and may cause them to move. This is expensive to both the other tenants and the landlord.

Current law only requires a tenant to pay rent either into court or to the landlord, depending upon the case, during appeals. Even if the appeal is not accepted, it takes months for the appeal to become final. If the tenant pays only rent, as in current law, the landlord has no real way of forcing the tenant to pay for items such as utilities during the appeal. This can be very expensive for the landlord, and the landlord may never recover these charges.

=====================
HB210, Condemnation and Eviction from Manufactured Housing Parks
01/22/2013 at 11:00 AM LOB 208
Title: relatie to the procedure for eiction from a manufactured housing park.

Summary: 1. This Bill proposes to separate “condemnation” and “change of use” as they pertain to Evictions from manufactured housing parks.
2. This bill proposes to reduce the timeline for and termination of tenancy due to “condemnation” in a manufactured housing park from 18-Months to 60 Days.
3. Limit the number of times that a tenant in a manufactured housing park can defeat an eviction for non-payment of rent to not more than 3 times within a 12-Month Period, the same as for apartments.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB210

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0210.html
Analysis Stated in Bill: This bill shortens the notice required for eviction from a manufactured housing park due to condemnation of the park. The bill also limits the number of times a tenant of the park can defeat an eviction action by paying the rent and other arrearages.



Talking Points:
1. & 2.
A. The current wording of RSA 205-A:3,4 hypothesizes that “Condemnation” and “Change of Use” deserve the same level of importance. The term “Condemn” by definition means unfit for use. Whereas “a change of use” would imply that the property owner has a higher and better use for the property. It is not logical that these two conditions should be treated equally.

B. If a property is “unfit for use” it is unreasonable and potentially unsafe to statutorily require 18-months of interim operation while the clock ticks for termination of a tenancy.

C. If a manufactured housing park were to be “condemned” by a municipality, that municipality can order, by Letter of Deficiency, a corrective action or closure on an accelerated timeline. If the corrective action is not feasible, this would place the property owner in a position of great liability as they would not be able to provide the current statutory 18-month notice to the manufactured housing park tenants.

3.
D. The statute for termination of tenancy for Landlord/Tenant’s provides that a tenant cannot cure an eviction for non-payment of rent more than the 3 times within a 12-month period RSA 540:9. This language is not currently present in RSA 205, the Manufactured Housing Park statute leaving no limit to the number of times a landlord of a Manufactured Housing Park would potentially have to run through the eviction process on a chronically late payer. This provision puts the Manufactured Housing Park owner in the same position as the apartment landlord in being able to evict someone who just does not pay bills on time.

Termination of a residential tenancy for non-payment of rent is a 7-day notice.

Termination of tenancy from a manufactured housing park for non-payment of rent is a 30-day notice. This increased notice period takes into account the increased investment that a manufactured housing owner has in their dwelling.

E. This bill simply proposes that the same language that governs landlord/tenant actions be extended to manufacture housing park owners.

Ask N.H. State Reps. to Support E-Verify Legislation

Ask N.H. State Reps. to Support E-Verify Legislation

On Tuesday, Jan. 22nd the New Hampshire House Labor Committee will hold a hearing on HB 249, a bill to require the state, its local governments and public contractors to use E-Verify. The bill is sponsored by Rep. Joe Duarte of Candia. Please call and email all committee members and ask them to vote yes on HB 249. Here is a sample message: Please vote yes on HB 249 in the Labor Committee on Jan. 22nd. Unemployed citizens should not have to compete with illegal immigrants for taxpayer-funded jobs. Requiring public employers and their contractors to use the federal E-Verify system will ensure that new hires are eligible to work in the U.S. Chairman - Andrew White - (603) 448-2977 -andrew.white@leg.state.nh.us V. Chairman - Sally Kelly - (603) 798-5806 - sally.kelly@leg.state.nh.us Charles Weed - (603) 352-8309 - cweed@keene.edu Chip Rice - (603) 224-2886 - chip.rice@leg.state.nh.us Gary Coulombe - (603) 723-0102 - berlinrep1@gmail.com Christopher Andrews - (603) 848-7707 - chris.andrews@leg.state.nh.us Michael Cahill - (603) 659-2355- michael.cahill@leg.state.nh.us Douglas Ley - (603) 532-8556 - douglas.ley@leg.state.nh.us Janice Schmidt - (603) 880-6060 - jan.schmidt@leg.state.nh.us Linda Tanner - (603) 673-4471 - linda.tanner@leg.state.nh.us Gary Daniels - (603) 673-3065 - gldaniels@myfairpoint.net William Infantine - (603) 622-3325 - Repinfantine@gmail.com Herbert Richardson - (603)788-2442 - honhdr@yahoo.com Tony Pellegrino - (603) 424-7095 - anthony.pellegrino@leg.state.nh.us John Sedensky - (603) 329-4343 - sedenskyjb@comcast.net Jack Flanagan - (603) 620-9750 - jack.flanagan@leg.state.nh.us Richard Burchell - (603) 364-2668 J. Tracy Emerick - (603) 926-8316 - tracy.emerick@leg.state.nh.us Kevin St.James - (603) 642-3671 - kevin.stjames@leg.state.nh.us To email all committee members at once, useHouseLaborIndustrialandRehabilitativeServices@leg.state.nh.us

Legislative Update - Drug Testing for TANF Applicants

Legislative Update - Drug Testing for TANF Applicants

Next Hearing: 01/22/2013 at 01:00 PM    LOB 205


HOUSE BILL 121-FN
AN ACT requiring drug testing of applicants for Temporary Assistance to Needy Families (TANF).

SPONSORS: 
Rep. Donald LeBrun 
Rep. Jeanine Notter 
Email the Committee: HHSEA@leg.state.nh.us

ANALYSIS

This bill requires the department of health and human services to implement a drug testing program for applicants of Temporary Assistance to Needy Families (TANF). The text of the bill is located at the following link:

http://www.gencourt.state.nh.us/legislation/2013/HB0121.html

IMPORTANT! Landlord bill hearing on Tuesday Jan 15th

2013 Legislative Update #1

Provided as a courtesy to our members from Nick Norman, Director RPOA, Legislative Affairs

    _________________________________________________________

Landlord bill hearing on Tuesday Jan 15th

NOTE: THIS IS AN IMPORTANT BILL FOR LANDLORDS!!
We need you to attend; more landlord bills on the way

Howdee everyone,

The 2013 legislative season has begun and started with 820 LSR’s (proposed bills).

The legislative offices have been slow this year to get bills converted from LSR (proposal) to actual bill language. Of the 47 LSRs we have already identified as potentially affecting our real estate business only 9 have actual bill text so far. Being we’re at mid January this seems very slow. (5 were withdrawn).

What that means is we are likely to be flooded with the newly released bills over the next few days. So please get ready to be active emailing and calling your legislators. It might be challenging at first to keep up with the volume.

This week:
HB106: Lease Charges In Demand For Rent, Eviction Liquidated Damages, Agent Registration
DATE  & TIME: 01/15/2013 at 01:00 PM

Location: Legislative Office Building (LOB) RM 208

Please email, call legislators and attend the hearing to support the bill. See more detail below.

SPONSORS:

Mark Warden

Phone: 603-391-2888

Email: mark.warden@leg.state.nh.us

Joseph Pitre

Phone: (603)755-2447
Email: joseph.pitre@leg.state.nh.us

Donald Lebrun

Phone: (603)886-1725
Email: donald.lebrun@leg.state.nh.us

Laura Jones

Phone: (603)948-2264
Email: laurajonesnh@gmail.com

Email the Judiciary COMMITTEE: HouseJudiciaryCommittee@leg.state.nh.us

Next week:
Still waiting for bills to be released and scheduled.

Full details on HB106

http://www.gencourt.state.nh.us/legislation/2013/HB0106.html

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Full detail on HB106
Bill Name: Lease Charges In Demand For Rent~Eviction Liquidated Damages ~ Agent Registration
Property Owners Position: FOR
Level of Response: Email, Call Legislators, Attend hearing

Summary:
1. Allow Demand For Rent to include any unpaid financial obligation per the lease agreement
2. Increase Eviction Liquidated Damages from $15 to $160
3. Repeal town landlord-agent registration

Landlord Talking Points:
1. Presently a landlord can only include in a Demand for Rent that is due. No other charges can be included in the amount demanded. If the tenant owes, pursuant to the lease, late fees, utility bills, a fee for a bounced check, reimbursement for damages, the landlord cannot include these in the amount demanded. If the tenant pays the amount stated in the Demand for Rent plus, under current law $15.00, the tenant will defeat the eviction action and be allowed to stay even though the tenant has not paid their other financial obligations per the lease.

One dollar of rent is the same as one dollar of a utility payment to a landlord. Why should non-payment of “rent” be treated different than non-payment of any other financial obligation of the tenant?

The Lease Agreement clearly identifies the amount of the rent, late fees, utility charges, etc. Failure of the tenant to pay any one or all of these items results in a financial loss to the landlord.

If a tenant pays their rent and does not pay for their heat, electricity, water… Is justice served?

This is further confused by attempting to separate 7 day notice requirements and 30 day notice requirements.
Under current law a landlord must give a tenant 30 days notice for a breach of a material term of the lease, such as non-payment of utilities.

To evict for both non-payment of rent and utilities a landlord either has to serve a 30 day notice at the same time as the 7 days notice, or serve the 30 days notice just after the tenant pays all arrears within the 7 day period. This is expensive and totally confusing.

This is even worse in the case of a tenant who has agreed to pay their own heat & electric but is not doing so. If it is winter, the landlord may have to pay the tenant’s electric and heat just to keep the property from freezing.
The required 30 day eviction (for non-payment of utilities) would not force the tenant to pay up until probably 9 to 12 weeks (if the tenant requests a court hearing).

How much simpler is this?
If HB 106 becomes law, a landlord can demand all charges owed by a tenant, that the tenant agreed to pay when entering into the lease agreement, on a single 7 day Eviction.


2.The $15 fee for service of the Eviction Notice has not changed since at least 1985, 28 years ago. The actual costs of preparing the document, even using the forms on the internet, and serving the forms including travel, far exceeds the $15. (Our time is valuable and we deserve to be paid for this if we do not hire others to prepare the forms for us and serve them.)

Further, if a landlord does not hire an attorney and does not account for their time , the cost of filing a landlord-tenant writ at the district court is $101 and the cost to have the Sheriff serve the notice is typically around $60 (Sheriff fees are variable based on the number of names served and the travel time from the Sheriff’s office). $160 is a minimum number that would cover out of pocket expenses for a typical eviction.

3.The third provision of the bill would simply eliminate the requirement that owners of restricted residential property register with the city or town clerks, naming a person for service of process.

Obviously the towns already know who to serve because they bill us for the property taxes.

Further, RSA 540:1-b is unnecessary because all real estate transfers in the State of NH are reported to the State and the municipalities have access to this information. If they can collect taxes than they should be able to serve legal notices. If they cannot collect taxes, than they have the power to lien the property…

The record keeping for RSA 540:1-b is cumbersome & useless for the local towns and we have heard representatives from town governments saying they don’t want it.
=====================