NH Landlord News

Legislative Call to Action 2012 #3; Abandonment, improving eviction/small claims process, unreasonable searches & seizures, moratorium on refugee rese

2012-01-29T13:50:00.003-05:00

Courtesy of RPOA - Nick Norman, Director Legislative Affairs

Howdee everyone,

Incredible, 12 bills being heard this week that affect real estate.
There is so much happening in the legislature of importance in real estate this season it’s really impossible to summarize it all in just a few points. However, what we have done is put a summary of what we feel are the most critical first followed by all the bills that are also important. Further below is a large amount of detail on each bill. Remember it is critical to contact legislators before the scheduled hearing if at all possible.

This week's calendar:
HB1317 01/31/2012 at 01:30 PM LOB 306
HB1618 01/31/2012 at 02:30 PM LOB 205
HB1252 01/31/2012 at 03:00 PM LOB 208
HB1263 02/02/2012 at 09:30 AM LOB 208
HB1462 02/02/2012 at 10:30 AM LOB 208 CRITICAL
HB1463 02/02/2012 at 11:00 AM LOB 208 CRITICAL
HB1619 02/02/2012 at 01:00 PM LOB 301
HB1674 02/02/2012 at 01:30 PM LOB 301
SB301 02/02/2012 at 02:00 PM LOB 101 CRITICAL
HB1532 02/02/2012 at 02:00 PM LOB 204 CRITICAL
HB1405 02/02/2012 at 02:15 PM LOB 301 CRITICAL
HB1649 02/03/2012 at 09:25 AM LOB 210-211

CRITICAL:
HB1462 02/02/2012 at 10:30 AM LOB 208; please email, call legislators now & attend the hearing.
Title: relative to the eviction process.
Property Owner Position: Support

HB1463 02/02/2012 at 11:00 AM LOB 208; please email, call legislators now & attend the hearing.
Title: relative to abandonment of the tenancy and relative to property abandoned by a tenant.
Property Owner Position: Think we support but we need to get more clarity on ramifications to landlords.

SB301 02/02/2012 at 02:00 PM LOB 101; please email, call legislators now & attend the hearing.
Title: relative to landlord-tenant remedies.
Property Owner Position: Support

HB1532 02/02/2012 at 02:00 PM LOB 204; please email, call legislators now & attend the hearing.
Title: relative to trespass on land which is not posted.
Property Owner Position: Oppose

HB1405 02/02/2012 at 02:15 PM LOB 301; please email, call legislators now & attend the hearing.
Title: relative to refugee resettlement.
Property Owner Position: Support

What we need from you:
1. Please email, or call the legislators regarding these bills, express your opinions (you can reword ideas from the talking points below)
2. Please show up at the hearings attend hearings for ones we flagged out. When you show up you can just sign a card as support or oppose the bill and simply be present (surprisingly just this greatly aids our effort) or you can sign up to speak. (Join our car pool, save on gas and parking and make it more fun).
3. If you sign up to speak at the hearing please consult with other landlords speaking so we present a unified position and utilize our time effectively by each speaking with a focus on a different point.
4. If you speak to a legislator or any one else and learn something not already captured below please notify me so I can continue to get as much info out to every one as possible.

Also important:
There are many bills on eminent domain that are being brought to subcommittee to be reviewed together. Stay tuned.

HB1210 HB1288 & others
There is a lot in the legislature on eminent domain mostly relating to the controversy around the “Northern Pass” project which in part is threatening private property rights.

HB1263 02/02/2012 at 09:30 AM LOB 208; please email, call legislators now & attend the hearing.
Title: repealing the law requiring landlords of restricted residential property provide service of process information.
Property Owner Position: Support

HB1619 02/02/2012 at 01:00 PM LOB 301; please email, call legislators now & attend the hearing.
Title: relative to the assessment of property taxes on the value that exceeds $50,000.
Property Owner Position: Oppose

HB1252 01/31/2012 at 03:00 PM LOB 208; please email, call legislators now
Title: relative to required documentation of ownership in foreclosure proceedings.
Property Owner Position: Support if amended

HB1674 02/02/2012 at 01:30 PM LOB 301; please email, call legislators now
Title: reducing the interest rate on late and delinquent property tax payments, subsequent payments, and other unpaid taxes.
Property Owner Position: Support

HB1649 02/03/2012 at 09:25 AM LOB 210-211; please email, call legislators now
Title: relative to collection of the education property tax and establishing a program to rebate certain excessive property tax payments of eligible taxpayers.
Property Owner Position: Oppose

Talking points and contact info for legislators, much much more detail for all bills below. (including a heads up on other bills you may be interested in).

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
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Heads up on other bills you may be interested in:
Bills we decided to take No Action on at this time but could affect a few of you. Please dig further if you think it may affect your personally. Full detail below.

HB1317 01/31/2012 at 01:30 PM LOB 306
Title: relative to certifying electricians as fire supression equipment and alarm installers.
Property Owner Position: No Action

HB1618 01/31/2012 at 02:30 PM LOB 205
Title: relative to fire safety standards for community living facilities.
Property Owner Position: No Action
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Full detail on all bills:

"HB1317 01/31/2012 at 01:30 PM LOB 306
Title: relative to certifying electricians as fire suppression equipment and alarm installers.

Summary: This bill provides that beginning June 1, 2016 licensed electricians are considered certified for the inspection, installation, and servicing of portable fire extinguishers and fixed fire extinguishing systems, fire sprinkler systems, and fire alarm systems.
Property Owner Position: No Action

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

Link to Committee Info

Link to Bill Text

Analysis Stated in Bill: This bill provides that beginning June 1, 2016 licensed electricians are considered certified for the inspection, installation, and servicing of portable fire extinguishers and fixed fire extinguishing systems, fire sprinkler systems, and fire alarm systems.

Talking Points: The current laws require the commissioner of safety to adopt rules for the voluntary certification of persons engaged in ""the inspection, installation, and servicing of portable fire extinguishers and fixed fire extinguishing systems, fire sprinkler systems, and fire alarm systems in this state."" This bill, starting in 2016 will permit journeymen and master electricians to be considered certified and not be required to apply under the existing law.

We do not see the bill having much impact on us and recommend that we use our resources elsewhere.

If we have missed something important let us know.
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HB1618 01/31/2012 at 02:30 PM LOB 205
Title: relative to fire safety standards for community living facilities.
Summary: This bill repeals RSA 126-A:21 which dictates single family home fire codes to be applied to community living facilities housing 3 or fewer clients.
Property Owner Position: No Action

Email to Committee:~HHSEA@leg.state.nh.us
Link to Committee Info

Link to Bill Text
Analysis Stated in Bill: This bill repeals the law regarding standards for fire safety in community living facilities housing 3 or fewer clients.

Talking Points:
This is a one line bill that reads: ""Repeal. RSA 126-A:21, relative to fire safety standards in community living facilities housing 3 or fewer clients, is repealed.""

Community living facilities according to RSA 126-A are for people with developmental disabilities or mental illness. RSA 126-A:21 states: ""Notwithstanding RSA153:5, 153:10-b, or any law to the contrary, the fire code applicable to single family dwellings, as defined in RSA 153:1, X, or, where applicable, single rental units in multi-unit dwellings, as defined in RSA 153:1, IX-a and VI, respectively, shall be the fire code applied by the state fire marshal and local fire departments to community living facilities housing 3 or fewer clients.""
Surprisingly the bill actually negates the requirements for smoke detectors that we have in apartments.

Since most of us are not in the business of running community living facilities we decided not to take a position on this bill.

If the bill does affect you and you would like support responding to the legislature, please let us know.

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HB1252 01/31/2012 at 03:00 PM LOB 208
Title: relative to required documentation of ownership in foreclosure proceedings.
Summary: Would require holders of notes to be foreclosed to have the clerk make copy of actual deed and sign to authorize foreclosure sale.
Property Owner Position: Support if amended

Email to Committee~HouseJudiciaryCommittee@leg.state.nh.us
Link to Committee Info
Link to Bill Text
Analysis Stated in Bill: This bill requires the copying of the deed of a property to be foreclosed and the signature of the clerk before a foreclosure sale can take place.

Talking Points:
This bill should not be enacted until it is amended. Whoever wrote it, appears to have not read RSA 479:25. In addition, the bill is so unclear, we can not understand what the actual intent of it is.

RSA 479:25 is the statute that specifies that if a mortgage deed includes the language of power of sale, foreclosure can be done without court actions and by auctions. We believe most foreclosures in New Hampshire are by power of sale. (Notices, advertisements, sale at auction on the premises).

RSA 479:25 currently is so well written that it is a step by step instruction on how to foreclose. The bill seeks to amend the statute by adding a new requirement that : No foreclosure sale shall be valid until the holder of the deed presents the actual deed to the clerk, the clerk copies it and signs the authorization for the foreclosure sale to take place. Any bank that does not comply with this paragraph shall be fined $1,000 per day of noncompliance.

Problems with the amendment are that we do not know who is the holder of the deed, and who is the clerk. Are we to assume that the clerk is the clerk of the corporation that owns the bank that is foreclosing? Does holder of the deed mean the owner of the property that is being foreclosed upon. However, the intent was probably that the holder of the mortgage deed have to present the actual deed to the clerk of the corporation to effectuate the foreclosure to prevent the abuse that has occurred since the beginning of the recession.

As investors in real estate, and potentially buyers of properties that have been foreclosed upon, we would want to support bills that reduce or help prevent fraud in the title to real estate. However, we think that this bill needs to vbe amended to eliminate unclarities before we can support it.
So, unless it is amended we would oppose it.
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HB1263 02/02/2012 at 09:30 AM LOB 208
Title: repealing the law requiring landlords of restricted residential property provide service of process information.

Summary: do away with the requirement that owners of restricted property supply their contact information to the towns.

Property Owner Position: Support

Email to Committee: ~HouseJudiciaryCommittee@leg.state.nh.us
Link to Committee Info
Link to Bill Text
Analysis Stated in Bill: This bill repeals the requirement that landlords of restricted residential property provide service of process information to the municipality in which the property is located.

Notes: Joe would like to switch this to contact Legislators

Talking Points: This requirement has been a big inconvenience for landlords and the towns. The towns have to set up a registry and constantly update it and landlords have to pay to register and in most cases the same information is already on file with the town. In addition the impetus for the original passing of the law was that towns were having a difficult time getting in touch with banks about properties that had fallen into disrepair. Why inconvenience everyone when the main problem is with a small percentage of the overall property owners?
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HB1462 02/02/2012 at 10:30 AM LOB 208
Title: relative to the eviction process.

Summary: Allows landlords to correct a writ of summons for simple errors, may allow for increasing the small claims portion if another rent has come due during the eviction process.

Property Owner Position: Support

Email to Committee: ~HouseJudiciaryCommittee@leg.state.nh.us
Link to Committee Info

Link to Bill Text
Analysis Stated in Bill: This bill permits the landlord to file a motion to amend the writ of summons.

Talking Points: This bill could allow for landlords to correct a simple “typo” and keep an eviction active rather than loose in court over a simple and obvious mistake.
It may also allow for addition to the claim for rent that has come due since the original LT-Writ was drafted.

This bill could save landlords and the courts a lot of money and time because cases that are thrown out for grammatical errors and other minor mistakes will not have to be heard and filed twice. Also, the tenant still receives their opportunity to be heard in court.
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HB1463 02/02/2012 at 11:00 AM LOB 208
Title: relative to abandonment of the tenancy and relative to property abandoned by a tenant.

Summary: establishes a procedure a landlord can follow if a tenant has abandoned an apartment and the landlord wants to retake possession of the apartment without going through the formal eviction process.

Property Owner Position: Think we support but we need to get more clarity on ramifications to landlords.

Email to Committee: ~HouseJudiciaryCommittee@leg.state.nh.us
Link to Committee Info@leg.state.nh.us
Link to Bill Text
Analysis Stated in Bill:
This bill:
I. Establishes a procedure for a landlord to establish that a tenant has abandoned the tenancy.
II. Provides that the landlord is not obligated to store personal property that has been abandoned by the tenant. Personal property shall be considered abandoned if it is of no apparent value or if the tenant has indicated to the landlord that he or she does not intend to recover it.

Notes: The legislator that is sponsoring this bill and said that this bill was submitted to him by a landlord group. He said that it is based on the abandonment laws in other states.

Talking Points:
(Position 1)
The procedure in the bill is only available in very limited circumstances. First, the tenants must have vacated the premises without notice to the landlord and do not intend to return which is evidenced by the tenants removing substantially all of their personal property AND the tenants are 5 days or more in arrears or have expressed they do not intend to occupy the premises after a specified date (Question - isn't that notice to the landlord and how does the landlord prove that the tenant gave such notice?)

If the tenant has abandoned the unit, the landlord would have to send written notice by certifed mail and post notice at the premises stating that the landlord believes the tenants have abandoned the premises and that the landlord will be taking possession within 5 days of receipt of this notice (Question - what if the tenant does not pick up the certified mail or refuses it?) and that if the tenant does not contact the landlord then the landlord will dispose of the tenants possessions within 7 days of the notice if the tenant does not claim these items.

The final paragraph of the bill modifies RSA 540-A such that a landlord does not have to store personal property of a tenant if it has been abandoned and in the judgment of the landlord has no ascertainable or apparent value or if the tenant has expressly indicated to the landlord that he or she does not intend to recover the property.

The advantages of the bill is that if a landlord in the limited circumstances outlined above follows the procedure, the landlord does not have to serve an evicition notice and a demand for rent, nor does the landlord have to go though the court system and spend both the 30 to 60 days to regain possession or the unit or pay the court entry fees of $101 or the sheriff fees that vary by distance and the number of people who have to be served.

The disadvantages of the bill are ambiguities. 2 are noted above. Another question, what if a tenant has abandoned a unit, leaves nothing in the apartment, has the utilites turned off, mail fowarded, is 5 days or more behind in rent, and the keys on the kitchen counter and a landlord does not follow the procedure outlined in the bill. In this clear situation of abandonment, is the landlord liable under RSA 540-A for improper entry? This bill could establish place an additional burden on landlords that we currently do not have.

Another issue is what if a tenant does not contact a landlord during the 5 day notice period, but later claim he or she did by verbal communication. If there is a 540-A action brought by the tenant, it is up to the judge who to believe. (nick-named these truth telling contests). The bill needs a procedure that the tenant must communicate with the landlord in writing by certified mail so that there is clear proof of the communication.

A landlord must follow the notice provisions exactly as outlined in the bill or he or she can not use the bill, if it is enacted, as a defense to a RSA 540-A action. Since it is basically only a two step process - notice in writing posted (whatever that means-why not abode service as with eviction notices?) at the premises and the same notice sent certified mail to the tenants, most landlords should be able to comply if the bill becomes law. It is not any more difficult that serving a demand for rent or an eviction notice.

Final issue with the last paragraph of the bill in regard to the landlord deciding if a tenant’s property left in an apartment after a tenant has vacated has no ascertainable value. First, what if the landlord is wrong and the property does have value? Since we only have to hold onto tenant stuff after they move for 7 days, I would advise another landlord to hold the stuff for the 7 days. Further, under the recent change, the landlord is only on the hook for the actual value of the property discarded in the 7 days, plus attorney fees, not a $1,000 a day fine.
Probably better to leave this last paragraph provision out.

(Position 2)
This is a detailed law and one that everyone should read. The text of the new law starts out by saying that a tenant """" “abandonment” means the tenants have vacated the premises without notice to the landlord and do not intend to return, which intention may be evidenced by the removal by the tenants or their agent of substantially all of their possessions and personal effects from the premises and either:

(a) Nonpayment of rent for more than 5 days; or

(b) An express statement by the tenants that they do not intend to occupy the premises after a specified date.

Right away I get the sense that opponents of this bill will say that assuming that an abandonment of the unit has occurred just because a tenants is 5 days late on their rent is reckless and wrong.

The bill then goes on to detail some steps that a landlord should take to make sure that they will not be defeated in court if a tenant challenges an eviction.

Proposing legislation about the clarification of abandonment has always been a priority of landlords but how to go about it has always been a conundrum for us. The problem is if you define it and put in a protocol to deal with it is that a good thing or a bad thing for landlords. In the final analysis, over the past 20 years we have usually defaulted to not pursuing legislation because the """"devil is always in the details"""" and the language of a law that is beneficial to us is usually heavily opposed by NH legal aid.
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HB1619 02/02/2012 at 01:00 PM LOB 301
Title: relative to the assessment of property taxes on the value that exceeds $50,000.
Summary: Any parcel that is valued less than $50,000 will not be subject to real estate taxes. Which means that the parcels valued higher that 50K will bear all of the tax burden.

Property Owner Position: Oppose

Email to Committee: HouseMunicipalandCountyGovt@leg.state.nh.us
Link to Committee Info
Link to Bill Text
Analysis Stated in Bill: This bill establishes that the taxable value for all assessments of property taxes shall exclude the first $50,000 of value of each parcel.

Talking Points:
There is no consideration in the bill for ability of the owner of the parcel valued under 50K to pay the taxes. This may exempt almost all mobile home owners, lower value condos, single family houses in areas like Berlin where values are exceptionally low, owners of undeveloped lots in more rural areas, even if they are owned by a developer as investments.
Since most of our properties are in cities and will have value in excess of $50,000, we will be required to pay higher real estate taxes if this bill passes. It hurts us and it hurts our tenants as we either have to raise rents or cut services.
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HB1674 02/02/2012 at 01:30 PM LOB 301
Title: reducing the interest rate on late and delinquent property tax payments, subsequent payments, and other unpaid taxes.

Summary: This bill lowers the interest rates applicable to late and delinquent property tax payments, subsequent payments, and other unpaid taxes enforced through the lien procedure.

Property Owner Position: Support

Email to Committee: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Link to Committee Info
Link to Bill Text:
Analysis Stated in Bill: This bill lowers the interest rates applicable to late and delinquent property tax payments, subsequent payments, and other unpaid taxes enforced through the lien procedure.

Talking Points:
The bill changes a number of sections of the RSA s dealing with interest rates on unpaid taxes, including past due amounts on leases with the Pease Development Authority (18% to 9%), municipal taxes from 12% to 6% (per current law not including resident taxes whatever they are), and a number of other sections. The bill also makes the sections that are amended gender neutral by including the words "or her" after the word "his."

It brings down interest rates that appear to have been established during the Carter years of high inflation. The existing rates, compared to the rates charged by banks or paid on savings accounts are excessive. In addition, with a goal to try to reduce foreclosures, lowering the interest rates reduces the amount a property owner would have to pay if he or she fell behind in tax payments. Especially if a bank is collecting taxes and interest as part of a mortgage payment.
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SB301 02/02/2012 at 02:00 PM LOB 101
Title: relative to landlord-tenant remedies.

Summary: Many improvements to eviction and eviction-small small claims

Property Owner Position: Support

Email to Committee: 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
Link to Committee Info
Link to Bill Text
Analysis Stated in Bill:
This bill:
I. Requires 7 days notice for eviction from residential property, regardless of the grounds for the eviction.
II. Allows the landlord to amend a writ of summons to correct minor procedural defects.
III. Increases the amount of damages available in landlord-tenant disputes from $1,500 to $10,000.
IV. Requires former tenants to execute a financial affidavit and provide a forwarding address if they have been found liable for damages to the landlord.

Talking Points:
The Analysis stated in the bill above indicates four changes by roman numerals but the actual text of the bill has 6 significant changes numbered 1 – 6.

1. Under current law a landlord can give a seven days eviction notice in limited circumstances, basically for non payment of rent, substantial damage to the premises by a tenant or his family or guests, or behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, but not guests of the tenant. In all other circumstances the notice must be 30 days.

The current law can be confusing, and there are circumstances where it is unclear which notice is appropriate. Examples, a tenants guests drink in a common hallway and always move inside the apartment when the police arrive if called by other residents of the building. It disturbs other tenants. Is it harm allowing a 7 days notice ? A tenant brings in a pet without permission - the pet can cause major damage to an apartment and bring in fleas. What about a dog that constantly barks disturbing other tenants. Tenants continuously have marital discord that disturbs other tenants is this harm to the other tenants or other good cause.

In addition there are many instances where the 30 days notice is unfair as financial harm does occur to a landlord. A tenant brings in a roomate without the permission of the landlord and the new person uses water, hot water at the expense of the landlord without paying for his or her use of these utilities that a landlord pays.

There is also no real reason for the difference in the notice provisions. Even after the notice period ends, it still takes a minimum of three to four weeks for the eviction process to work its way through the courts. The tenants have more than adequate time to find other housing. However, during this entire process the tenant do continue their behavior that is the cause of the eviction to the detriment of the landlord and the other tenants.

2. This amendment prevents an eviction from being dismissed if there is a minor error in the demand for rent or eviction notice. As long as a tenant is notified of the eviction action, how to avoid it if it is a non payment case, an eviction should not be dismissed if, for instance, the tenants name is spelled incorrectly. Since only minor errors will be allowed, the tenant’s rights would not be prejudiced.

3. The third amendment is similar to the previous paragraph, but allows a landlord to amend a writ by motion, within 7 days if the landlord made an error in preparing the writ. This prevents an eviction from being dismissed if a error is corrected quickly, within 7 days, and it does not prejudice a tenant as the correction will be well before a hearing date is scheduled in the eviction process.

4. This paragraph provides for an automatic procedure for periodic payments and could eliminate the need of a landlord to file, after judgment, a motion for periodic payments and have a hearing. It reduces the paperwork for the Courts, it reduces the amount of times that a judge has to review and rule on a case, and it reduces costs for both the landlord and the tenant as each has to take additional time for every court appearance and there are court fees that one or the other has to pay.

5. This bill just increases the limits of the amount of damages for unpaid rent a landlord can seek from $1500 to $10,000. This is similar to the increases that have been made in small claim procedures. With many apartments and single family houses renting for more than $1000 per month, it is easy to exceed $1,500, especially if a landlord tries to work a tenant who is having financial difficulties, for unpaid rent, by the time the writ is prepared. In commercial transactions, it is easy to see the need for higher upper limit.

In order to save time and expense for both the Landlord and the Tenant, the entire amount of damages for unpaid rent could be litigated once when the case is heard on the L & T writ.

Just understand that under this section, if the landlord alleges damages in excess of $1,500 then the tenant can request a jury trial. We are unclear if the possessory action stays in the district court (now known as the Circuit Court) or if the entire action is transferred to the Superior Court where it can take YEARS for a civil jury trial to be scheduled.

6. Jurisdiction is mostly restricted to district court.

In all cases where a jury trial is not requested jurisdiction will stay with the District Court.
This is good for us because District Court has the easiest & quickest procedures.

Obviously, this bill is solidly in our favor. One of our concerns is that is attempts to accomplish too much too fast. That’s only something to note and not to mention since we would not want to invite concern on to a bill that is so pro-landlord.
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HB1532 02/02/2012 at 02:00 PM LOB 204
Title: relative to trespass on land which is not posted.

Summary: This bill amends the current criminal trespass bill to allow a public college or university law enforcement officer to """"enter or remain on the property of another if the officer has probable cause to suspect criminal activity.

Property Owner Position: Oppose

Email to Committee: ~HouseCriminalJusticeandPublicSafety@leg.state.nh.us
Link to Committee Info
Link to Bill Text
Analysis Stated in Bill: This bill amends the criminal trespass statute in circumstances where the property is not posted with “no trespassing” signs.

Talking Points: Basically, we oppose the bill because we believe it invades the constitutional protection of preventing unreasonable searches and seizures. The bill is too broad, and if it passes, it will most likely be challenged and ruled unconstitutional by the State Supreme Court.

This bill first makes the crime of criminal trespass gender neutral. The bill then adds a new subparagraph to the criminal trespass statute. That paragraph is ""A law enforcement officer may enter or remain on the property of another if the officer has probable cause to suspect criminal activity. No cause of action shall lie against any person or entity if the officer obtains information in violation of this paragraph. This paragraph shall apply to the investigation and enforcement of disciplinary actions initiated by a public college or university.""

Potential problems with this bill:
If an officer has probable cause to suspect criminal activity, then he or she has the ability to obtain a search warrant. Second, this language is unclear, can an officer enter any building or just common areas open to the public? How long can the officer stay? What information can he or she obtain, where does the right to privacy or the expectation of privacy end. Total immunity if an officer obtains information in violation of the paragraph? Since nothing seems to violate the paragraph, it is total immunity.

Does the last sentence of the paragraph mean that an officer can enter any place in a public college or university, including dorm rooms, at any time, without a warrant, on his belief that he has probable cause to suspect criminal activity?

This bill may not withstand a constitutional challenge if it is enacted. As a property owner, do you want the police to be able enter your building anytime they think they have probable cause to suspect criminal activity?

As property owners, even if we think we do not need a police officer on our property, and the tenants want the officer to leave and are not committing any crime, as we read the bill, the officer can remain on the property if he has reason to suspect criminal activity. I have tenants who smoke a lot of cigarettes. The smell can be confused with the smell of burning pot. We have been in the apartment, without prior notice, but by knocking on the door and entering with the tenants permission, and there was no signs of drugs. In this instance, a cop could stay in the apartment, without any warrant just because the officer suspects a criminal action.

Please send emails to the legislators expressing our concern that this bill could subject us and our tenants to abuse, and further, that evidence obtained by relying on this bill could be excluded if the bill is challenged.
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HB1405 02/02/2012 at 02:15 PM LOB 301
Title: relative to refugee resettlement.

Summary: Allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.

Property Owner Position: Support

Email to Committee: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Link to Committee Info
Link to Bill Text
Analysis Stated in Bill: This bill allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.

Talking Points:
The bill amends RSA 161 which is the statute establishing the Department of Health and Human Services, the Department's duties, its rule making authority, the appointment of and the duties of the Commission of the Department, the administration of the food stamp program, other duties (child welfare issues, foster homes, child support enforcement ect), and under RSA 161:2 XVIII

""XVIII. Refugee Resettlement. Administer the New Hampshire refugee resettlement program as funded by and in cooperation with the United States Department of Health and Human Services under the Refugee Act of 1980.""
The bill adds three new sections to RSA 161. The first section basically defines, for the bill, absorbtive capacity, The New Hampshire Refugee Program, and the New Hampshire Refugee Coordinator.

The second section sets forth the duties of the New Hampshire Refugee Program.

The second section of Bill 1405 requires the Program to meet at least quarterly with local governments to plan settlement of refugees in advance, plan with agencies regarding settlement of refugees by letter of agreement, and at least quarterly submit to various members of the legislature copies of the letters of agreement and plans for settlement and absorption.

The third and final section of Bill 1405 requires the Program to accept applications from local governing bodies for a moratorium on new refugee settlement activities where the local governing body has determined that the community lacks sufficient absorptive capacity. This decision is made after the local government body consults with the state refugee coordinator, holds public hearing and concludes settlement of additional refugees would be adverse to existing residents.

The Program, if the application is accepted, shall suspend additional settlement activities until the state refugee coordinator and the local governing body have jointly determined that the community can absorb additional refugees. However, no moratorium or extension shall exceed one year.

The bill does not state that a community can not apply for back to back moratoriums.

Note the bill only limits government efforts in settlement of refugees in communities whose applications have been accepted. If people in the country wish to move to a community without the aid of an agency or a non-profit that is works directly with the Program, they are free to do so.

The bill does give a community the chance to say: we just can not place additional refugees this year. We need a break. And if you agree, mr or ms state government program, you will stop your efforts, for up to one year, to place additional people in our community.

Clearly, the communities that do not have the ability or as the bill calls it absorptive capacity, should have a way to stop the state from trying to place additional people in that community. We can only seat a limited number of children in a class room, each community only has limited funds to help students learn English, no community has unlimited low income housing, and all services from Police and Fire to sewer treatments have limited capacity. Clearly once these services are stretched to the limit, it will be adverse to everyone in the community, both not having the services available, and the higher tax burdens to increase the capacity of all municipal services.

Here is a link to some information regarding these refugee resettlement programs and their negative effect in the local economies.
http://american-rattlesnake.org/2012/01/the-fugees/
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HB1649 02/03/2012 at 09:25 AM LOB 210-211Title: relative to collection of the education property tax and establishing a program to rebate certain excessive property tax payments of eligible taxpayers.

Summary: The bill establishes a program for the rebate of excessive education property tax payments made by eligible taxpayers in the state.

Property Owner Position: Oppose

Email to Committee: ~HouseSpecialCommitteeonEducationFundingReform@leg.state.nh.us
Link to Committee Info

Link to Bill Text
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 excessive 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:
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.
This is a complex bill which first requires taxpayers to pay education tax, that is being billed to them by the local municipality, to the Department of Revenue Adm. It also changes the procedure for education property tax relief. According to the Dept of Revenue analysis at the end of the bill, it will seriously increase the cost to the state if this bill is enacted.(The Dept of Revenue estimated 16,000,000)
This looks like it will grow the state government at the expense of the taxpayer.
To speak very intelligently on this bill we would need a much deeper analysis.
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Legislative Call to Action; $25 per toilet, pesticide license required for you & apartment maintenance staff, private business taking property etc.

2012-01-23T12:41:00.003-05:00

Courtesy of Rental Property Owners Association - Nick Norman, Director of Legistlative Affairs

NH Rental Property Owners

There is so much happening in the legislature of importance in real estate this season it’s really impossible to summarize it all in just a few points. However, what we have done is put a summary of what we feel are the most critical first followed by all the bills that are also important. Further below is a large amount of detail on each bill. Remember it is critical to contact legislators before the scheduled hearing if at all possible.

CRITICAL:
HB1501 01/25/2012 at 10:00 AM LOB 305 Please attend hearingTitle: establishing a fund to upgrade wastewater treatment plants.
Property Owner Position: Oppose
$25 “donation” per toilet collected through property tax

HB1602 in subcommittee, please email, call legislators now
Title: removing the exemption for janitors from pesticide applicator licensing.
Property Owner Position: OpposeMaintenance people will have to pay annual fees, have continuing education and a pesticide license to apply over the counter pesticides. You will too.

HB648 call Senate by mid Tuesday, Senate vote on WednesdayTitle: relative to eminent domain petitions by public utilities.Property Owner Position: Support with Amendment
To protect property rights from being taken by eminent domain of a private business electric power utility
vote for the bill only if it is amended by one of the “property rights protecting” amendments that disallow private business from taking property by eminent domain.

Critical Next week:
SB301 02/02/2012 at 02:00 PM LOB 101 Attend hearingTitle: relative to landlord-tenant remedies.
Property Owner Position: Support
Strengthens landlord position in eviction & small claims tied to eviction.

What we need from you:
1. Please email, or call the legislators regarding these bills, express your opinions (you can reword ideas from the talking points below)
2. Please show up at the hearings attend hearings for ones we flagged out. When you show up you can just sign a card as support or oppose the bill and simply be present (surprisingly just this greatly aids our effort) or you can sign up to speak. (Join our car pool, save on gas and parking and make it more fun).
3. If you sign up to speak at the hearing please consult with other landlords speaking so we present a unified position and utilize our time effectively by each speaking with a focus on a different point.
4. If you speak to a legislator or any one else and learn something not already captured below please notify me so I can continue to get as much info out to every one as possible.

Also important, contact legislators:
There are many bills on eminent domain that are being brought to subcommittee to be reviewed together. Stay tuned.

HB1210 HB1288 & other’sThere is a lot in the legislature on eminent domain mostly relating to the controversy around the “Northern Pass” project which in part is threatening private property rights.

HB1153 01/20/2012 at 10:30 AM LOB 302Title: relative to fire protection of floors in certain detached dwellings.
Property Owner Position: Varying view points on this.
More regulation and requirements for multi units.
Please review and let us know your thoughts and real life experience.

HB1161 01/24/2012 at 11:00 AM LOB 308Title: establishing a committee to study permitting nonresident property owners to vote in local elections.
Property Owner Position: Support

HB1634 01/24/2012 at 02:00 PM LOB 306Title: prohibiting the state, counties, towns, and cities from implementing programs of, expending money for, receiving funding from, or contracting with the International Council for Local Environmental Initiatives.
Property Owner Position: Support

Talking points, contact info for legislators, much much more detail for all bills below. (including a heads up on other bills you may be interested in).

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
=======================
Other bills you may be interested in:
Bills we decided to take No Action on at this time but could affect a few of you. Please dig further if you think it may affect your personally.

SB204 01/24/2012 at 10:30 AM LOB 102Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.
Property Owner Position: No Action

HB1407 01/24/2012 at 10:30 AM LOB 301Title: allowing towns to establish a firefighter commission.
Property Owner Position: No Action
=======
HB648 Last Hearing 05/19/2011 at 01:15 PM Reps HallTitle: relative to eminent domain petitions by public utilities.

Summary: This bill with newest amendments prevents private business from taking property by utility eminent domain.

To protect property rights:Vote against the bill as written or better yet vote for the bill amended by one of the “property rights protecting” amendments that disallow private business from taking property by eminent domain. The DeBlois-Bradley amendment is very simple to the point in a few sentences.
The Bragdon-Forrester Amendment also protects property rights from eminent domain of private business and is very lengthy. The property owners involved highly recommend the Bragdon-Forrester Amendment because they feel the DeBlois-Bradley amendment may leave a loop hole for private business to reorganize themselves as a public entity and still take the property by eminent domain.
The main point is a vote for the bill as originally written takes away property rights, the bill amended as above protects property rights.

Please call and email the senators by mid afternoon Tuesday 1/24/12.

Property Owner Position: Support with Amendment

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0648.html
Analysis Stated in Bill: This bill prohibits public utilities from petitioning for permission to take private land or property rights for the construction or operation of certain transmission facilities.

Talking Points: See attached newspaper article from Senators Forrester & DeBlois protecting private property rights from threat of eminent domain by a private developer or project.
Notes from Nick’s conversation with Senator Tom DeBlois.

There is an important bill about protecting property rights from big business take over, HB648 (currently in the Senate). The Senate committee hearing has already passed (this a bill originated last year in the House). This Wednesday the bill will be voted on by the entire Senate body.

This relates to the Northern Pass project.
Hydro Quebec is a private development company aiming to install a high power transmission line from Canada, through the NH White Mountains and tying into the electric grid futher down in NH.

They have the ability to use existing PSNH easements for a large part of the transmission length. However there is a 40 mile length of land missing.

There is a lot of debate over this project with many many bills on eminent domain in the legislature this season. A large amount of the debate is over having huge 80 to 135 towers as a blight on the NH mountains or to put the cable under ground. It is also said that PSNH would receive $50 million annually for leasing its land to Hydro Quebec.

We have not heard all sides on this issue but have heard enough to recognize that it is bumping up against NH constitution article 12a relating to individual’s property rights.

Did you know that under present NH law a private utility company can forcefully take an individuals property using its own eminent domain procedure separate from the government procedure for eminent domain?

Right now NH generates more power than it needs and exports to the grid. So we don’t need or would we receive this power now.

2 power plants in MA & one on Vermont will go off grid in the next few years. 1 is in Marlboro, MA another near the cape in MA, and also Vermont Yankee or course in Vermont.

Some believe the Northern Pass project will end up financially benefiting NH eventually but probably not right away. I encourage all of us to learn more about this project.

There are other solutions to the Northern Pass project, none of which we are well versed on yet. One is to bury the cable, another is to bury the cable along I93 so NH could receive the $50 million. Burying the cable is said to eliminate electromagnetic health risks entirely and though it would likely be more expensive initially it would save future repair and maintenance cost of tower and above ground transmission lines.

We have not heard enough yet to take a strong position on the Northern Pass project. However, we feel it is inherently wrong that a private for profit business entity could use eminent domain to take other’s property for their own profit.

We therefore strongly urge you to contact the entire senate body (only 24) and urge them to protect NH private property rights by voting for SB648 as amended to protect NH private property rights from eminent domain procedures of private business.

…….
Below is an email from a one of the affected property owners and speaking out against the utility eminent domain procedure.

Hi Nick,

I enjoyed meeting you and the other Rotarians.

As I explained yesterday, we oppose the Northern Pass Project as it is proposed to be on Steel Towers, 85 to 135 feet tall every 800 to 1,000 feet for 180 miles through NH.

We want PSNH to bury the cables as is being done or proposed in many, many projects worldwide, including in New York State, Connecticut, and Maine.

The evils of the above-ground cables include:

1) increased chances of childhood leukemia and neurotransmitters and pacemakers fail to work within 100 feet of towers
2) destruction of property values
3) inability to get mortgages or reverse mortgages
4) higher maintenance costs for cables on towers
5) subject to ice storm damage as well as damage from lightening.
6) destruction of vistas and scarring of the White Mountain National Forest
7) will require the use of eminent domain

Next Wednesday (January 25th), our NH State Senators will vote on HB 648 which our NH State Representatives passed with 86% of the vote.

I hope you can support our efforts and can encourage your members to call/write/e-mail as many NH Senators as possible and ask them specifically to support HB 648, The Bragdon-Forrester Amendment. This bill will prohibit a participant funded transmission facility from using eminent domain to seize private property. I am including a list of the key senators to contact (at the end of this e-mail) to try to get them to vote our way. Currently, we believe we have 10 Senators who are definitely with us.

In addition, a letter from your landlord organization would go a long way. There is always strength in numbers.

KEY SENATORS TO CONTACT:
District 8 - Bob Odell (R) 863-9797, 271-6733 - Acworth, Alstead, Charlestown, Claremont, Gilsum, Goshen, Langdon, Lempster, Marlow, New London, Newport, Roxbury, Stoddard, Sullivan, Sunapee, Sutton, Unity, Walpole, Washington, Westmoreland

District 10 - Molly Kelly (D) 357-5118, 271-2166 - Chesterfield, Dublin, Fitzwilliam, Hinsdale, Keene, Marlborough, Richmond, Surry, Swanzey, Troy, Winchester

District 12 - James Luther (R) 465-3471, 271-2246 - Brookline, Hollis, Mason, Nashua

District 13 - Gary Lambert (R) 883-7990, 438-6333, 271-2735 - Nashua

District 15 - Sylvia Larsen (D) 225-6130, 271-2675 - Concord, Hopkinton, Pembroke

District 16 - David Boutin (R) 203-5391, 271-2709 - Bow, Candia, Dunbarton, Hooksett, Manchester

District 18 - Tom DeBlois (R) 493-2281, 271-4151 - Litchfield, Manchester wards 5, 6, 7, 8, 9

District 19 – Jim Rausch (R) 898-0080, 271-3091 – Derry, Hampstead, Windham

District 20 - Lou D'Allesandro (D) 669-3494, 271-2117 - Goffstown and Manchester

District 21 - Amanda Merrill (D) 868-2491, 271-8567 - Dover, Durham, Epping, Lee, Rollinsford

District 22 - Chuck Morse (R) 898-7705, 271-4980 - Atkinson, Pelham, Plaistow, Salem

District 24 - Nancy Stiles (R) 601-6591, 271-6933 - Greenland, Hampton, Hampton Falls, New Castle, Newington, North Hampton, Portsmouth, Rye

Thank you for your help and your concern,
Mike
…
Mike Marino said you could send question for further info to him at marinolee@aol.com.…….

Other Bills of Interest
HB1602 01/19/2012 at 01:30 PM LOB 306Title: removing the exemption for janitors from pesticide applicator licensing.
Summary: This bill as stated removes the exemption for janitors from pesticide applicator licensing meaning our maintenance staff and ourselves will have to be licensed. This means maintenance personnel will not be able to spray over the counter pesticides to handle simple exterminations. The is very troublesome for property owners and maintenance staff. Please oppose it and follow it closely.

Property Owner Position: Oppose

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1602.html
Analysis Stated in Bill: This bill removes the exemption for janitors from pesticide applicator licensing.

Notes: Some of our information on this bill comes from direct convesations with the prime sponsor. The bill is now in subcommittee and you have time to contact the legislators to get in your input. Write to the entire committee with the email listed so as to be sure to the get the subcommittee and every one else. These bills can move very quickly so get in your input to oppose this bill now.

Talking Points:
As mentioned above, if this bill passes, with out a license, a maintenance person can not set off a flea bomb, set ant traps, spray ""Raid"" on a roach, spray wasp killer on a yellow jacket at an apartment where occupants are deathly allergic to bee stings.

This will cost more money and aggravation for maintenance staff and property owners. Or will landlords just give the over the counter pesticides to tenants who can apply it themselves with out a license, and most likely less care for its proper use, or will landlords simply just not treat because of the added headache.

The license will require a $20 annual fee, studying material and passing a test then taking 15 hours of continuing education every 5 years which I’m sure you would have to pay for. According to the information we’ve been given a supervisor could be licensed to supervise staff but the added requirements for that level of licensing makes it better to have every person licensed.

So in the end every maintenance person or landlord applying over the counter pesticides would have to get and maintain this license.

You probably are aware how bureaucracy grows. So if we start with this level license now where do we end up in 10 years?

More notes from the prime sponsor directly below.
…….
Notes from Nick’s phone conversation with prime sponsor Rep. Suzzane Smith

Intent of HB1602 is to make it so that “Janitor” is required to have a “Commercial not for hire pesticide applicator license”.

“Not for hire” is a classification of people that are not in the business of extermination and is the least stringent license requirement.

This DOES mean that maintenance staff will NOT be allowed to apply over the counter pesticides that you would buy at hardware stores, walmart, etc with out the license. However, she says it would not apply to cleaning products.

It seems the impetus behind the bill is from inexperienced people putting down pesticides to attempt to handle the bed bug issue and tenants getting sick.

Suzanne said the essentials of the license are $20, I don’t know if that is per year or once, reading some literature and taking a test plus 15 hours of continuing education every 5 years.

She said there are some provisions for business to have one person licensed and supervising other non-licensed workers. However, there may be a requirement that the supervisor must be on site.

Link to more info on “Commercial not for hire pesticide applicator license” provided in separae email below from Suzanne. That license is administered by the Agriculture Department.

Interestingly from my reading of the bill and law with other landlords, it would seem that tenants would not have any licensing requirement for treating their own space.

Suzanne said she would email me more info.
She also said the Agriculture Department wanted to administer this idea through rules and that this legislature tends to be against additional licensing.

The bill was heard and has gone to a subcommittee of the EDA, Executive Departments And Administration Committee. So if we act quickly we still have time to get in our input.

HB1210 01/20/2012 at 08:30 AM LOB 304
Title: applying the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.
Summary: Change law so that public utilities will have to use part of the part of the government eminent domain law instead of only the public utility eminent domain law.

Property Owner Position: unsure of our position; we need to know more.

Email to Committee: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1210.html
Analysis Stated in Bill: This bill requires the public utilities commission to apply the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.

Talking Points:
Many bills relating to eminent domain and the Northern Pass issue. Stay tuned.
Unsure of the implications of this bill. One of us may attend the hearing to gain a better understanding.

=====================
HB1153 01/20/2012 at 10:30 AM LOB 302Title: relative to fire protection of floors in certain detached dwellings.

Summary: Requires new minimum fire protection standards for floors in new const OR substantially rehabilitated one or 2 unit dwellings. Looks like this could be costly for those rehabbing properties.

Property Owner Position: Varying view points on this. Please review and let us know your thoughts and real life experience.

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1153.html
Analysis Stated in Bill: This bill establishes minimum fire protection standards for floors of detached single and 2-family dwellings.

Talking Points:
This bill will require for all single family and two family dwellings built or renovated after January 1, 2013 to put 1/2 sheetrock or other fire retardant materials under the floor joints and to seal the penetrations. This is probably submitted by the fire marshal’s office since sprinklers are not going to be required in these buildings. It basically outlaws only having a suspended ceiling except for 80 square feet per story. The intention appears to prevent fires from spreading so quickly that firefighters do not have a chance to arrive and evacuate the building.

Caution: we start by allowing this. What increased requirements happen next year?

(Position 1)
I feel that we should not take a position on this bill. It effects builders and buyers of new homes and new duplexes. It does make buildings safer, and since most rooms have sheet rock ceilings in new construction, I do not feel that it adds heavily to the costs of construction. Given the safety issues involved, and that 1/2 sheet rock is said to be less expensive now than 3/8 sheetrock and is common practice, Since the only new expense is o have ""all penetrations sealed with a fire rated sealant"", I am not sure how much it will raise the cost of construction vs the potential loss of life. Sheet rock is also more pleasing to the eye than suspended ceilings.

(Position 2)
This has to do with requiring owners of existing (substantial renovation), and builders of single and 2 family dwellings to install fireproofing on floors. Although I am not a fire expert, this sounds like an annoying and overreaching law. It could cost a few multi family owners extra money.

We have varying view points on this. Please review and let us know your thoughts and real life experience.
=====================
HB1288 01/20/2012 at 01:15 PM LOB 304Title: relative to protection of private property from the use of eminent domain.

Summary: This makes changes to a public utility's ability to acquire land through the use of eminent domain. It doesn't directly affect landlord and tenant law but it appears to strengthen property owners rights somewhat.

Property Owner Position: Support

Email to Committee: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1288.html
Analysis Stated in Bill: This bill makes changes in statutes relating to eminent domain to conform to part 1, Article 12-a of the New Hampshire constitution.

Talking Points:
Many bills relating to eminent domain and the Northern Pass issue. Stay tuned.
The bill only deals with eminent domain actions by public utilities. It actually requires more of the utilities than current law, most of the changes appear to make sure there is more due process in the procedure. This includes notification to property owners, appointment of a guardian ad litum for residential property when the owner is unknown or uncertain. This is actually a good bill as it does add protection to property owners. (The main talking point is protection of property owners rights).

We do not think that passage of the bill will effect our memberships to any large degree as with the other bills reviewed regarding eminent domain actions by utilities, as most of our properties are not in locations where the utilities will be building new power lines.
=====================
SB204 01/24/2012 at 10:30 AM LOB 102Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.

Summary: Updates Commercial Code for changes in technology, legal entities, etc.

Property Owner Position: No Action

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0204.html
Analysis Stated in Bill: This bill makes changes to Article 9 of the Uniform Commercial Code, relative to secured transactions, as proposed by the National Conference of Commissioners on Uniform State Laws.

Talking Points:
Dropped from our watch list. If this affects you please continue to follow it and respond to legislators.
The bill, assuming the stated analysis is correct, merely adopts changes in the code proposed by the body who originally wrote the code. When the code was written, there was no internet, computers were not used as they are today, and Limited Liability Companies did not exist. The changes, without spending hours of study, deal with the changes in technology, legal entities, and doing business.

=====================
HB1407 01/24/2012 at 10:30 AM LOB 301Title: allowing towns to establish a firefighter commission.

Summary: The bill gives municipalities the authority to put to the voters if they want a commission to manage firefighters, and then sets forth the duties of the commission if the voters approve.

Property Owner Position: No Action

Email to Committee: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1407.html
Analysis Stated in Bill: This bill allows towns to establish a firefighter commission.

Talking Points:
We don’t know why the bill was proposed. Without more information, we feel we should not take a position on this bill.
If you learn more and think it is an issue please contact us.
=====================
HB1161 01/24/2012 at 11:00 AM LOB 308
Title: establishing a committee to study permitting nonresident property owners to vote in local elections.

Summary: Title is self evident.

Property Owner Position: Support

Email to Committee: ~HouseElectionLawCommittee@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H36

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1161.html
Analysis Stated in Bill: This bill establishes a committee to study permitting nonresident property owners to vote in local elections.

Talking Points:
The bill does exactly what the stated analysis says. It does charge the committee to ""consult with and solicit testimony from members of the Coalition of New Hampshire Taxpayers and other similar organizations.""

We recommend contacting legislators in support of the bil and that “other similar organizations” include property owner organizations.

We support the bill. We pay taxes in communities were we do not reside. We should be able to participate in choosing the government of those communities. We are impacted just as much as resident taxpayers by decisions of the local governments. This would include increasing taxes, services to all properties in the community such as police and fire, and changes in local building and health codes.

The bill only establishes a committee, and does not change any existing laws. It will be up to the committee to determine if this is an idea that should be enacted, or should we stay with the status quo.
=====================
HB1634 01/24/2012 at 02:00 PM LOB 306
Title: prohibiting the state, counties, towns, and cities from implementing programs of, expending money for, receiving funding from, or contracting with the International Council for Local Environmental Initiatives.Summary: prohibits the state and political subdivisions from implementing programs of, funding, receiving funding from, or contracting with, the International Council for Local Environmental Initiatives (ICLEI).

Property Owner Position: Support

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1634.html
Analysis Stated in Bill: This bill prohibits the state and political subdivisions from implementing programs of, funding, receiving funding from, or contracting with, the International Council for Local Environmental Initiatives (ICLEI).

Talking Points:
The bill does exactly what the stated analysis says, prohibiting that state and municipalities from being involved with the ICLEI. We googled the organization, and there are articles both in favor of the organization and against it. In two articles against the organization the authors felt that this international council directed (perhaps dictated) green type policies to communities stepping on individual rights.

If communities become members of this organization, more restrictions could eventually be imposed upon us, including reducing emissions from our heating systems, use of pesticides, and even sanding and salting our parking lots. Given the type of projects listed in one of the articles, changing a 4 lane road to two lane and two bicycle lanes, would potentially increase our taxes, when the money needs to go to schools, police and fire protection.
=====================
HB1501 01/25/2012 at 10:00 AM LOB 305
Title: establishing a fund to upgrade wastewater treatment plants.

Summary: $25 “donation” per toilet collected through property tax.

Property Owner Position: Oppose

Email to Committee: ~HouseResourcesRecreationandDevelopment@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H22

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1501.html
Analysis Stated in Bill: This bill establishes a fund to upgrade wastewater treatment plants, replace failing septic systems, and reduce nitrogen discharge.

Talking Points:
This will require every municipality when mailing tax bills to ask taxpayers to voluntarily contribute $25. per toilet into a fund that would help utilities upgrade wastewater treatment plants, replace failing septic systems and reduce nitrogen discharge. Would anyone actually contribute to this fund? Cities and Towns would incur the costs of soliciting the money, and if any is collected, the accounting costs and forwarding the funds to the state.

What about the excessively large number of people who’s property taxes are escrowed with their mortgage payments. Would their bank not even look at the bill and end up paying the “donation” leaving the property owner paying higher taxes with out knowing it. The property owner would now need to know to intercept the bill and communicate to the bank servicing agent to not pay or not pay the donation. What a hassel, fraught with problems and communication difficulties.

Is it really practical? Will the municipalities collect more money than their costs? This may raise our taxes without any real benefit other than reducing the unemployment rate as new people will be needed to administer the funds.

====================="

SB301 02/02/2012 at 02:00 PM LOB 101
Title: relative to landlord-tenant remedies.
Summary: Many improvements to eviction and eviction-small small claims

Property Owner Position: Support

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0301.html
Analysis Stated in Bill: This bill:
I. Requires 7 days notice for eviction from residential property, regardless of the grounds for the eviction.
II. Allows the landlord to amend a writ of summons to correct minor procedural defects.
III. Increases the amount of damages available in landlord-tenant disputes from $1,500 to $10,000.
IV. Requires former tenants to execute a financial affidavit and provide a forwarding address if they have been found liable for damages to the landlord.

Notes: Hearing Date: January 26th 2012 at 13h45
Room: Legislative Office Building, Room #101
COMMITTEE: Judiciary
This bill:
I. Requires 7 days' notice for eviction from residential property, regardless of the grounds for the eviction.
II. Allows the landlord to amend a writ of summons to correct minor procedural defects.
III. Increases the amount of damages available in landlord-tenant disputes from $1,500 to $10,000.
IV. Requires former tenants to execute a financial affidavit and provide a forwarding address if they have been found liable for damages to the landlord.

Talking Points:
Sorta obvious. But we will develop more before the hearing.
=====================

Legislative call to action! please contact legislators on these committees

2012-01-16T13:26:00.001-05:00

Howdee team,

Thank you to the volunteers that came together to help out. Even the smallest jobs were very helpful so we could coordinate all the pieces to assist us in responding to new legislation. (more volunteer help still needed).

I have provided a very short summary 1st with much more detail later below and the text for each bill is also in the attachments.

What we need from you:
1. Please email, or call the legislators regarding these bills, including the extras from last week (you can reword ideas from the talking points below)

2. If you communicate with a legislator or any one else and learn something not already captured below please notify me so I can continue to get as much info out to every one as possible.

Short summary of real estate related legislative schedule. There are no bills scheduled so far this week that we will attend hearings.

HB1565 01/10/2012 at 03:30 PM LOB 208
Title: establishing a committee to study landlord-tenant law and practice.
Property Owner Position: Support

HB1286 01/17/2012 at 02:15 PM LOB 201
Title: relative to the installation of sprinklers.
Property Owner Position: Support

HB1210 01/20/2012 at 08:30 AM LOB 304
Title: applying the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.
Property Owner Position: unsure of our position; we need to know more.

HB1153 01/20/2012 at 10:30 AM LOB 302
Title: relative to fire protection of floors in certain detached dwellings.
Property Owner Position: Varying view points on this. Please review and let us know your thoughts and real life experience.

HB1288 01/20/2012 at 01:15 PM LOB 304
Title: relative to protection of private property from the use of eminent domain.
Property Owner Position: Support

Talking points, contact info for legislators, much more detail below. Please email & call legislators.

Reminder: no car pool this week

We have spent a large amount of time putting together all this information, please support us, support yourself and your fellow landlords by responding to the legislators through email or phone and showing up at hearings.

Thanks again for all the efforts of our volunteers and membership

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

Much more detail on all bills included here:
HB1565 01/10/2012 at 03:30 PM LOB 208
Title: establishing a committee to study landlord-tenant law and practice.

Summary: This bill was sponsored to assist property owners particularly relating to collecting on money owed from bad tenants. Both the House and Senate are largely republican dominated so this would likely be a conservative committee and favorable to landlords.

Property Owner Position: Support

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1565.html
Analysis Stated in Bill: This bill establishes a committee to study landlord-tenant laws and practices.

Notes: We were told by a legislator that this is intended to be a landlord friendly bill. This bill was proposed by a landlord group and it proposes to set up a study committee.

Talking Points:
Synopsis:
We recommend that this bill establish a committee (not a commission).

We recommend to amend the bill to limit its mandate to review and investigate the procedures for collection of judgments.

We also highly recommend that the bill be amended to require the committee to solicit a large involvement of input & expertise from property owners & property owner organizations.
…..................
A Study Committee can only be made up of Legislators
A Study Commission can be made up of Legislators, business people, organizations, general public, etc.
The bill was put forward largely in an attempt to work the small claims process more to the landlords favor. The make up of such a committee would likely be Republican biased (312 Republican, 107 Democrat) and work to our favor. Many of the legislators are aware of our extreme need to have better collections on monies owed to us.
When a commission is formed relating to real estate its members consist of a landlord or a small number of landlords, Legal aid (representing tenants interests), Housing authority (section 8 & tenant biased) plus a bunch of other organizations related to housing that are mostly tenant biased. With all these others on paid time from their jobs being on the commission the landlord perspective is often squelched or just ignored and laws moved more in favor of the tenant. Worse yet, a tenant biased, commission would likely start looking into all sort of modifications to the law that would favor tenants.

For the above reasons, we are recommending that this bill establish a committee (not a commission).

We further recommend to amend the bill to limit its mandate to review and investigate the procedures for collection of judgments.

This would include judgments issued as part of an eviction, small claims, district court cases and superior court cases. Authorizing the court to issue wage garnishment orders, revocation of licenses, both drivers and professional as well as sanctions for defendants who do not notify the court or the plaintiff of their current addresses, or the ability to specify when a defendant can not be released when the defendant has, without just cause, failed to comply with a court order should be investigated. This may increase the number of people who support the bill as it will include not only landlords, but other creditors who are having trouble collecting judgments.

We also highly recommend that the bill be amended to require the committee to solicit a large involvement of input & expertise from property owners & property owner organizations.
=====================

HB1429 01/17/2012 at 10:30 AM LOB 301
Title: enabling municipalities to adopt a property tax credit based on home renovation costs.

Summary: Allows municipalities to give property owners a one time tax credit for approved renovations or repairs. Eligible projects and the amount of the credit, $50 to $500 would be listed by the towns. This sounds good for us but would very much doubt it goes anywhere. Lots of paperwork for towns and a loss of income for the towns.

Property Owner Position: No Action

Email to Committee: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1429.html
Analysis Stated in Bill: This bill permits municipalities to adopt a property tax credit based on home repair and renovation costs.

Talking Points:
The bill allows municipalities to adopt a $50 to $500 tax credit for renovations to the owner of residential property. (I do not know if multi-family buildings are eligible under the bill). It is a one time credit. We are guessing the idea is to give people incentive to renovate and repair homes, which in the long run increases the tax base in communities. The bill also amends the procedure for appeals to include this provision.

The bill further allows property held in trust to be eligible for the credit. Without a full reading of RSA 72, we doubt that ownership in LLC's or other entities are eligible. Since, it doesn't say anything about multi family property, we doubt multi-family properties are eligible and recommend we take any action on it.

This bill works for and against us. In the long run, as noted above, it will increase the tax base, hopefully holding down our property taxes, and improve neighborhoods where our buildings maybe located. Further, it may help reduce unemployment for the construction workers. However, we most likely are not eligible for the credit, single family houses may become more competition for our apartments.
=====================

SB306 01/17/2012 at 01:45 PM SH 100
Title: relative to the commercial and industrial construction property tax exemption.

Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.

Property Owner Position: No Action

Email to Committee: bob.odell@leg.state.nh.us; jim.luther@leg.state.nh.us; dboutin1465@comcast.net; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; jim.rausch@leg.state.nh.us;
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/2012/SB0306.html
Analysis Stated in Bill: This bill makes the application procedure for the property tax exemption for commercial and industrial construction prospective, and permanently extends the authority for the exemption.

Talking Points:
The stated analysis is very accurate. The bill repeals sections which allowed a person constructing a commercial building to apply after starting construction for a tax exemption, and sets a date by which the applicant has to be notifed if he or she receives the exemption.

Although we have not read all of RSA 72, which is the chapter being amended, I believe that this bill only applies to the contruction of commerical properties. As a result, it does not directly impact us, and I recommend that we do not spend our legislative resources on this bill.

However, for those people in the commercial construction business you may want to take a look at how this affects your business.
=====================

HB1286 01/17/2012 at 02:15 PM LOB 201
Title: relative to the installation of sprinklers.

Summary: This is an amendment to the law regarding automatic suppressant or sprinkler systems. It prevents the Fire Marshal from requiring sprinklers in public buildings where there is inadequate water supply.

Property Owner Position: Support

Email to Committee: ~HousePublicWorksandHighways@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H20

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1286.html
Analysis Stated in Bill: This bill prevents the fire marshal from requiring sprinklers in a public building where there is inadequate water supply.

Talking Points:
Sprinklers are expensive and require sufficient water to be effective. If there is inadequate water, the system will not work properly although people may rely on the system to their detriment. Or the fire marshal or town may force the property owner to upgrade the water supply at the property owner’s expense. Suppose your not on town water and the well just can’t deliver the water needed.

Probably good to start setting precedent that the fire marshal’s power can be limited.

The bill adds to RSA 153:5 a line that states if the fire marshal determines there is an inadequate supply of water for a sprinkler system, he can not require such a system in a building. This is a section that authorizes rules to be made by the Fire Marshall's office.

Recommend just striking out the fire marshal determines so that it will read
if there is an inadequate supply of water for a sprinkler system….(then sprinkler system can not be required).
=====================

HB1210 01/20/2012 at 08:30 AM LOB 304
Title: applying the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.

Property Owner Position: unsure of our position; we need to know more.

Email to Committee: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1210.html
Analysis Stated in Bill:
This bill requires the public utilities commission to apply the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities.

Talking Points:
Unsure of the implications of this bill. One of us may attend the hearing to gain a better understanding.
=====================

HB1153 01/20/2012 at 10:30 AM LOB 302
Title: relative to fire protection of floors in certain detached dwellings.

Summary: Requires new minimum fire protection standards for floors in new const OR substantially rehabilitated one or 2 unit dwellings. Looks like this could be costly for those rehabbing properties.

Property Owner Position: Varying view points on this. Please review and let us know your thoughts and real life experience.

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

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1153.html
Analysis Stated in Bill: This bill establishes minimum fire protection standards for floors of detached single and 2-family dwellings.

Talking Points:
This bill will require for all single family and two family dwellings built or renovated after January 1, 2013 to put 1/2 sheetrock or other fire retardant materials under the floor joints and to seal the penetrations. This is probably submitted by the fire marshal’s office since sprinklers are not going to be required in these buildings. It basically outlaws only having a suspended ceiling except for 80 square feet per story. The intention appears to prevent fires from spreading so quickly that firefighters do not have a chance to arrive and evacuate the building.

(Position 1)
I feel that we should not take a position on this bill. It effects builders and buyers of new homes and new duplexes. It does make buildings safer, and since most rooms have sheet rock ceilings in new construction, I do not feel that it adds heavily to the costs of construction. Given the safety issues involved, and that 1/2 sheet rock is said to be less expensive now than 3/8 sheetrock and is common practice, Since the only new expense is o have "all penetrations sealed with a fire rated sealant", I am not sure how much it will raise the cost of construction vs the potential loss of life. Sheet rock is also more pleasing to the eye than suspended ceilings.

(Position 2)
This has to do with requiring owners of existing (substantial renovation), and builders of single and 2 family dwellings to install fireproofing on floors. Although I am not a fire expert, this sounds like an annoying and overreaching law. It could cost a few multi family owners extra money.

We have varying view points on this. Please review and let us know your thoughts and real life experience.
=====================

HB1288 01/20/2012 at 01:15 PM LOB 304
Title: relative to protection of private property from the use of eminent domain.

Summary: This makes changes to a public utility's ability to acquire land through the use of eminent domain. It doesn't directly affect landlord and tenant law but it appears to strengthen property owners rights somewhat.

Property Owner Position: Support

Email to Committee: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1288.html
Analysis Stated in Bill: This bill makes changes in statutes relating to eminent domain to conform to part 1, Article 12-a of the New Hampshire constitution.

Talking Points:
The bill only deals with eminent domain actions by public utilities. It actually requires more of the utilities than current law, most of the changes appear to make sure there is more due process in the procedure. This includes notification to property owners, appointment of a guardian ad litum for residential property when the owner is unknown or uncertain. This is actually a good bill as it does add protection to property owners. (The main talking point is protection of property owners rights).

We do not think that passage of the bill will effect our memberships to any large degree as with the other bills reviewed regarding eminent domain actions by utilities, as most of our properties are not in locations where the utilities will be building new power lines.
=====================

New Landlord/Tenant Law took Effect January 1st

2012-01-09T16:06:00.001-05:00

Effective January 1, 2012

NH Landlord-Tenant Law
Storage time has been reduced from 28 to 7 days. The damages for violating the 7-day requirement is limited to actual damages plus costs and reasonable attorney fees.

How to be a Profitable Business Owner/Landlord in 2012

2012-01-09T14:16:00.002-05:00

Free Workshop on how to be a profitable business owner / Landlord in 2012:

How to reduce your taxes

Protecting your assets

Developing a good estate plan

Take advantage of the slump in our economy, growing your net worth

Build up your assets

2012 bust or profit for you

Market update

Date: Tuesday January 17th
Time: 7:00 -8:30 PM
Location: Community Room 50 Queen City Ave. Manchester, NH

To reserve a seat for you and your guest call Rick @ 603-641-2527
Thank You

Rick Blais
Senior vice President

Primerica
50 Queen City Ave.
Manchester, NH 03103
www.Primerica.com/rickblais
603-641-2527
Fax 603-641-4099

2012 Proposed NH Landlord -Tenant Legislation - Courtesy of RPOA and Nick Norman

2012-01-09T14:04:00.001-05:00

2012 Proposed NH Landlord -Tenant Legislation - Courtesy of RPOA and Nick Norman

Click on the links to see the full version of the Bill

HB1565 01/10/2012 at 03:30 PM LOB 208Title: establishing a committee to study landlord-tenant law and practice.Our Position: unsure of our position; we need to know more & bill needs a more focused scope of attention & landlord input on committee.

HB1263 01/12/2012 at 09:00 AM LOB 208Title: repealing the law requiring landlords of restricted residential property provide service of process information.Our Position: Support

HB1462 01/12/2012 at 10:00 AM LOB 208Title: relative to the eviction process.Our Position: SupportHB1463 01/12/2012 at 10:30 AM LOB 208Title: Abandonment; most likely to problematic for landlord to prove case. Joe will call prime sponsorOur Position: Think we support but we need to get more clarity on ramifications and landlords. We plan to do more research independently & talk in person after the hearing on Tuesday.

Concord Hearings affecting Landlord-Tenant Laws

2012-01-04T11:33:00.002-05:00

Courtesy of the NH Property Owners
The 2012 legislative session is ready to begin. The NHPOA encourages your attendance at the public hearings scheduled for the following bills in Concord.

When: January 10, 2012

Where: Legislative Office Building LOB 208
3:30 PM
HOUSE BILL 1565
AN ACT establishing a committee to study landlord-tenant law and practice.

Be it Enacted by the Senate and House of Representatives in General Court convened:

The committee shall study landlord-tenant laws and practices, including but not limited to the enforcement of court orders and judgments. The committee may solicit information from any person or entity the committee deems relevant to the study.

Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2012.

When: January 12, 2012
Where: Legislative Office Building LOB 208
09:00 AM
HOUSE BILL 1263
AN ACT repealing the law requiring landlords of restricted residential property provide service of process information.

COMMITTEE: Judiciary

This bill repeals the requirement that landlords of restricted residential property provide service of process information to the municipality in which the property is located.

10:AM
HOUSE BILL 1462
AN ACT relative to the eviction process.

COMMITTEE: Judiciary
This bill permits the landlord to file a motion to amend the writ of summons.

Amend RSA 540 by inserting after section 13-d the following new section:

540:13-e Amendment. Within 7 days of filing the writ of summons, the landlord may file a motion to amend the writ to correct a procedural or technical defect. The motion shall be granted in matters of form and may be granted in matters of substance under such terms as justice may require.

10:30 AM

HOUSE BILL 1463

AN ACT relative to abandonment of the tenancy and relative to property abandoned by a tenant.

This bill:

I. Establishes a procedure for a landlord to establish that a tenant has abandoned the tenancy.

II. Provides that the landlord is not obligated to store personal property that has been abandoned by the tenant. Personal property shall be considered abandoned if it is of no apparent value or if the tenant has indicated to the landlord.

Free - Graffitti Remover

2011-09-16T14:19:00.000-04:00

One of our customers has acquired some free graffiti removal product that just went out of date. We would like to offer it free, first come, first served, to landlords who could use it. We have tested it and it works just fine. It is biodegradable and is called Remover Magic by Certol, that sells this internationally. People can contact me at scduffley@aol.com to reserve and pick up one gallon bottles.

Christine Duffley

Trouble Finding Renters for your Apartments?

2011-06-23T15:24:00.003-04:00

By Jeannine Richardson – Landlord Connection, Inc.

Don’t limit your ads to Craigslist. There are many other avenues to explore. Here are some ideas to increase the number of people seeing your ads.

Location, location, location!

·Post a sign on your property in a visible location. Try to include as much information as possible so you only get calls from people who are serious and already know basic information (i.e. price, number of bedrooms, utilities included? are pets allowed?)

·Is your rental within walking distance to shopping or restaurants? Speak with the employees and see if they know anyone looking to move closer to work.

·Near public transportation? Add this convenience to your ad.

· Are your apartments located near a college campus, hospital or large business? Contact their Human Resource Depts. and see if they have a bulletin board system where you can post your rentals.

Get the Word Out
Send out an email to co-workers, neighbors, friends and relatives letting them know you have a rental available. Also post on Facebook or Twitter.

Offer something that no one else is offering
· Free High-Speed Internet (cable/DSL)
· First month of rent for free
· Washer/Dryer Unit in the unit
· Paying moving expenses or moving truck fees
· Discounting first month’s rent
· Paying utilities, etc.
· Free renters insurance.
· Free Wi-Fi

While others may believe that “keep‘em happy” gifts are a waste, I think it's always a nice gesture of goodwill. If a great tenant is considering leaving, perhaps offering one of these incentives will work to keep them. One of the most important things to remember is that landlords are in business, and must treat it as so. What tenants basically want is a landlord who takes care of things and leaves them alone.

The main reason to use these incentives is to get people in the door and to occupy your vacant units. If you’re unable to attract tenants because of a slow rental market, maybe these ideas can help you to either bring in people who weren’t considering the unit in the first place or attract people deciding between someone else’s apartment and yours.

Widen Your Audience AreaWeekly papers are a good way to increase the number of people seeing your ads. Their advertising rates are typically much lower than the daily newspapers. Here are several other avenues to explore.

Local Weekly NH Newspapers
More people read the weeklies than you realize. Here’s a link to NH weekly newspapers:
http://www.nhliving.com/newspapers/weeklies.shtml

NH Daily Newspapers
Newspapers are still read although usually online.
http://www.nhliving.com/newspapers/index.shtml

Property Management Companies

http://www.allpropertymanagement.com

http://www.peloquinrealty.com/

http://www.realpropertynh.com/

http://www.metropolispmg.com

More Websites
The following websites also offer free posting of your ads:

http://craigslist.com

http://rent.com

http://rentalads.com

http://findmyroof.com

http://rentals.com

http://forrentbyowner.com

http://rentalhousehunter.com

Finding someone to rent your property is only the beginning. When you finally locate renters interested in your property, don’t forget to screen your potential tenants. If you think you can screen them on your own – think again. The only information you have about them is what they have chosen to tell you. Landlord Connection’s Decision Report can fill in the gaps. Visit our website at http://landlordconnection.com for information.

Attracting Tenants with Incentives or Gifts

2011-06-08T01:57:00.001-04:00

Attracting Tenants with Incentives or Gifts
Author: Joshua Dorkin • URL: http://www.biggerpockets.com/

Sometimes landlords need to use incentives to keep their tenants happy, or in the case of a bad rental market, to attract new tenants. A few of the ideas I’ve read about in our forums are:

Keep ‘em happy ideas:

- New A/C Units
- New Fans
- Upgraded hardware like towel bars and knobs
- Starbucks/Blockbuster gift cards
- Small gifts on the holidays

Ideas for attracting new tenants:

- Free High-Speed Internet (cable/dsl)
- First month of rent for free
- Washer/Dryer Unit in the unit
- Paying moving expenses or moving truck fees
- Discounting first month’s rent
- Paying utilities, etc.
- Free renters insurance.
- Free Wi-Fi

While others may believe that “keep ‘em happy” gifts are a waste, I think it's always a nice gesture of goodwill. If a great tenant is considering leaving, perhaps offering one of these incentives will work to keep them. One of the most important things to remember is that landlords are in business, and must treat it as so. What tenants basically want is a landlord who takes care of things and leaves them alone.

The main reason to use these incentives is to get people in the door and to occupy your vacant units. If you’re unable to attract tenants because of a slow rental market, maybe these ideas can help you to either bring in people who weren’t considering the unit in the first place or attract people deciding between someone else’s apartment and yours.

The EPA recently fined a painting contractor in Maine $150,000.

2011-06-01T15:19:00.001-04:00

The EPA recently fined a painting contractor in Maine $150,000.
Are you next?
Not if you Get EPA/HUD Lead Certified NOW!

Contractors, Renovators, Painters, Landlords . .If you are working for compensation on a residential or child occupied facility that was built before 1978 you are required by the EPA to have this certification

Wednesday, June 15, 2011
8:30-5:30
HBRANH
119 Airport Road
Concord, NH
Members $200
Non-Members $250
Registration and payment required
Call to register 603-228-0351

Solving The Mystery of Building Green Homes
Tuesday June 21, 2011
3:00
HBRANH
Build Green NH Council Members-FREE
$25 for ALL others.

A fast paced, fact filled session on how to get certified, market these homes and make money on them.

Accredited Verifier for Nathional Green Building Standard,Philip LaRocque will be the presenter.
Call for more information and registration.

Appeals Court Upholds OSHA's Fall Protection Directive
All residential construction employers must comply with new Federal Regulations
Are You Prepared?
The U.S. Department of Labor's Occupational Safety and Health Administration recently announced a new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements. The directive being replaced, issued in 1995, initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction. However, there continues to be a high number of fall-related deaths in construction, and industry experts now feel that feasibility is no longer an issue or concern.

OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001. Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard. With the issuance of today's new directive, all residential construction employers must comply with 29 Code of Federal Regulations 1926.501(b)(13). Where residential builders find that traditional fall protection is not feasible in residential environments, 29 CFR 1926.501(b)(13) still allows for alternative means of providing protection.

Construction and roofing companies will have up to six months to comply with the new directive.

Attend this class to receive the latest training and information on how to comply.

To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

June 16, 2011
HBRANH
119 Airport Road
Concord, NH
$40 for HBRANH Members-$50 for non-members
Registration by calling 603-228-0351.

POTENTIAL CHANGES TO LANDLORD PROPERTY STORAGE AND MUNICIPAL FILING REQUIREMENTS (SB 70)

2011-05-27T12:51:00.001-04:00

Courtesy of the NH Board of Realtors

POTENTIAL CHANGES TO LANDLORD PROPERTY STORAGE AND MUNICIPAL FILING REQUIREMENTS (SB 70)

Please note emphasis on the words POTENTIAL CHANGES.

The House Judiciary Committee voted to recommend passage of SB 70, which lowers the time in which a landlord must store tenant’s belongings after they have vacated the property. Currently, a landlord must store the belongings for 28 days.

Under this bill, the landlord would need to store the tenant’s belongings for just seven days after the tenant vacates. The bill also states that if a landlord violates the statute, he or she will only be subject only to an award of actual damages, plus costs and reasonable attorney’s fees.

The Judiciary Committee also inserted an important amendment to SB 70. The amendment removes the requirement that landlords must file, with the municipality in which the property is located, a statement that includes the name of an individual residing in New Hampshire who is authorized to accept service of process for any legal proceeding brought against the owner relating to the restricted property.

This requirement went into effect on Jan. 30 of this year. The original intent of the legislation was to make legal service on out-of-state landlords easier for municipalities but ended up compelling all landlords in the state to comply.

If signed by the Governor, this bill will go into effect on Jan. 1, 2012.

Landlord Connection Announces new Report Options

2011-05-25T20:09:00.001-04:00

New Prices and Report Options Effective July 1st 2011

NEW – TENANT DECISION REPORT –

Here's what's included in our New Tenant Decision Report:

Identity Verification including SSN & DOB
Past & Present Addresses
Landlord Reports
Names of landlords w/phone numbers (when available)
Eviction history (all 50 states)
Registered Sex Offender Search
Inmate Roster since 1997 (NH only)
Credit Evaluation which includes a Credit Score/ Risk Factor/Delinquency Rate/ Recommendation
Criminal Search – 46 states plus DC (does not include DE, MA, SD or WY)
Terrorist
Most Wanted
OFAC/US Treasury Dept

Cost: $27.95 for Standard Plan customers and $29.95 for Limited Plan Customers

Note: Additional charge of $30.00 applies for MA and NH County searches which may take up to 5 business days.

What is a Credit Evaluation? Landlord Connection will look at an applicant’s last 24 months for collections, court judgments, bankruptcies and late payments as well as their credit scores. We will provide you with a credit score range, the percentage of risk, reasons for their credit credit score and a recommendation (when applicable). Here is a sample:

Credit Evaluation
Credit Score: 550-600 Grade: C Risk Level: Elevated
Odds of Delinquency: 51% Reason: Collection Accounts
Recommendations: Credit worthiness has not been established. Request explanation from applicant regarding unpaid accounts.

Beagle being used by Pest Service to detect Bedbugs

2011-05-25T01:48:00.003-04:00

WESTBROOK, Maine — “Find your B’s,” says Anthony Silva to Sherlock, a young beagle he’s leading through a home they’re inspecting.

Silva and Sherlock aren’t looking for drugs, explosives or other things normally associated with dog searches. Rather, the “B’s” they’re sniffing out are bedbugs.

As Sherlock scans the living room, he stops and scratches at a couch cushion, alerting on the scent of the pervasive parasite. Upstairs, in a bedroom, he hits on the edge of a mattress, too.

There’s bedbugs upstairs and down.

Luckily, Silva and Sherlock are on a training run, in the home of a fellow employee with Brunswick-based Modern Pest Services. The B’s Sherlock hit on were in vials that Silva had planted earlier.

Modern Pest Services, which has offices in Bangor, Augusta, Westbrook, Manchester, N.H., and Woburn, Mass., brought Silva and Sherlock on board earlier this month. The company spent roughly $15,000 on the dog and training for both canine and human.

Richard Stevenson, chief technical officer of the family-owned business, said the company invested in the dog because of the value in early detection of bedbugs. Roughly 40 percent of the dog’s brain is related to its nose. It can take a human a full day to inspect an average single-family home for bedbugs, costing about $300. And if the infestation is early, not widespread, there’s a decent chance the humans won’t detect anything.

On the other hand, Sherlock can inspect a home in 15 to 20 minutes, costing about half as much, and with a much greater chance of detection – no matter how small the bedbug presence.

Jim Dill, a professor with the University of Maine’s Cooperative Extension and a bedbug expert, said dogs have been used to detect bedbugs for about four years, and he knows of three other companies in Maine making use of canines.

He estimates dogs are about 85 to 90 percent effective in bedbug detection. One of the problems is they are limited in where they can sniff; they can’t check out ceilings, for example.

“The flip side is if you’ve got a bedbug on the ceiling, you’ve probably got a lot more bedbugs in the house and he’s going to find them anyhow,” said Dill.

And overall they are much more effective than human inspectors, agreed Dill, particularly in small infestations. Dill knows about inspections; he recently produced a video that demonstrates how to inspect a hotel room for bedbugs — before settling in and allowing them to catch a ride home with you in your luggage.

There’s demand for dog handlers to deal with the growing problem of bedbugs. Silva is a professional handler and had been working for the last year in Afghanistan for a security contractor, working with explosives-sniffing dogs. When he came back to the United States, he had four job offers to work in bedbug detection, all along the East Coast.

His new line of work isn’t as dangerous as bomb sniffing, said Silva, but is generally similar.

“At the end of the day, scent work is scent work,” said Silva.

Stevenson, who’s worked for 30 years in pest control, remembers going on his first bedbug job with his father in 1980. For decades, bedbugs were rare. Modern Pest would do three or four bedbug jobs a year, said Stevenson.

In the early 1990s, they showed up on the national scene in bigger numbers, particularly in large cities like Dallas, San Francisco and New York City. In 2003 or 2004, they began showing up in Maine.

Today, Modern Pest teams do bedbug work every day, said Stevenson. Dill said he’s seen bedbug cases mostly from Bangor south. Modern Pest has clients that include hotels, hospitals, nursing homes, private homes and the like, said Stevenson.

Stevenson said his company has gone from doing a few bedbug jobs a year in 2002 to now more than 1,500 jobs annually, which does not include follow up and reoccurring services.

So what caused the resurgence? Stevenson said the biggest theory is the hitchhiking parasites came to the country as international travel increased. And many insecticides have been taken off the market, replaced by chemicals that are pest-specific – and not aimed at bedbugs.

“Society, in general, was unprepared for this pandemic,” said Stevenson.

Around the year 2000, many companies moved toward baiting of pests, rather than spraying, noted Dill. Bedbugs, he said, aren’t attracted to the baits. And there may be a resistance problem – some bedbugs may no longer be affected by some insecticides.

Stevenson said his company sees this as a problem that will last and, in fact, grow.

“Our feeling is it’s not going to go away – there’s no reason it would go away,” he said.

Last year, Modern Pest made even greater investments in the battle against bedbugs, spending $200,000 in equipping two “heat teams,” workers with portable thermal equipment that heats a home to more than 120 degrees Fahrenheit, killing both bedbugs and their eggs.

Stevenson is part of a nationwide panel of experts, with representation from regulators, pest control professionals and the scientific community. They’re looking at the best ways to treat for bedbugs, how to detect them and what sort of policies should be in place to deal with them.

In Maine, there’s a law that tenants must inform a landlord of bedbugs. The law also maintains that the landlord must do something about the bedbugs, Stevenson said.

The next challenge to be met, overall, is finding more effective and less expensive ways of dealing with an infestation, he said.

Dill said there’s no diseases associated with bedbugs – they aren’t known carriers of anything. Some people are allergic to bedbug bites, some get secondary infections with bites.

But, he said, if bedbugs are found to transmit a specific disease, that will ignite a lot more interest in finding ways to kill the parasites.

New Hampshire Healthy Homes & Lead Prevention

2011-05-24T13:26:00.004-04:00

This is going to cause more problems for landlords.

New Hampshire HEALTHY HOMES & LEAD POISONING PREVENTION PROGRAM
May 2011

NH CHRONICLE WMUR CHANNEL 9 FEATURES HEALTHY HOMES - May 26th 7:30pm

Mark your calendars now as NH Healthy Homes is being featured on WMUR's NH Chronicle the evening of May 26th at 7:30pm. Watch and learn how health, energy and housing partner together to improve the lives of New Hampshire's most vulnerable residents. NH Chronicle website

45 PEOPLE ATTEND 2-DAY HEALTHY HOMES COURSE FUNDING PROVIDED BY USEPA WITH SUPPORT FROM NH HOUSING AUTHORITY LEAD GRANT PROGRAM

With funding from the US Environmental Protection Agency Office of Children's Health Protection and support from the NH Housing Authority Lead Grant program, 45 people recently participated in the 2-day Essentials for Healthy Homes Practitioners course. Ellen Tohn of Tohn Environmental Strategies engaged this diverse group of health professionals, energy auditors, property owners, refugee/cultural coodinators, real estate agents, health officers, code officials and housing representatives in the seven principles of healthy housing as outlined in the National Center for Healthy Housing cirriculum. [More Information]

SOUTHERN NEW HAMPSHIRE AREA HEALTH EDUCATION CENTER AWARDS FOUR GRANTS
Strategic Planning & One-Touch Initiatives Move Forward

The Southern NH Area Health Education Center (AHEC) recently awarded four organizations funding to complete strategic planning and healthy homes initiatives and interventions. Congratulations to the following:

CARING COMMUNITY NETWORK OF TWIN RIVERS - Strategic Planning & One-Touch Implementation

HEALTH & SAFETY COUNCIL OF STRAFFORD COUNTY - Home Sweet Healthy Homes Strategic Planning

BREATHE NEW HAMPSHIRE -Statewide Community Training to Reduce Secondhand Smoke Exposure in the Home

LAKES REGION PARTNERSHIP FOR PUBLIC HEALTH - Lakes Region Healthy Home Strategic Planning

GRANTS AVAILABLE
HUD Lead Technical Studies Grant
HUD Healthy Homes Technical Studies Grant
Community Transformation Grant
EVERYONE Breath - Asthma Education Grant

DEPARTMENT OF HEALTH & HUMAN SERVICES
DIVISION OF PUBLIC HEALTH SERVICES
HEALTHY HOMES & LEAD POISONING PREVENTION PROGRAM
29 Hazen Drive
Concord, NH 03301
1-800-897-LEAD (5323)

Call to Action Requested - From the NHPOA

2011-04-11T17:09:00.002-04:00

Dear Property Owner

Success! But the job is only half done.
In March, the Senate passed SB 70:

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also reduces the amount of damages available for violations of the requirement.

The amendment reads:
Amend RSA 540-A:3, VII to read as follows:
VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.

Amend RSA 540-A:4, IX(b) to read as follows:
(b) Notwithstanding the provisions of subparagraph (a), a landlord who violates RSA 540-A:3, VII shall be subject only to an award of actual damages, plus costs and reasonable attorneys fees.

(c) The provisions of subparagraph (a) shall not apply to petitions brought in good faith by a landlord or a tenant to determine whether a request for entry under RSA 540-A:3, V is reasonable and lawful.

3 Effective Date. This act shall take effect January 1, 2012.

The NHPOA wishes to thank Senator De Blois for sponsoring this bill on behalf of property owners. The Bill now moves to the House. The details for the public hearing are:

TUESDAY, APRIL 12
Room 208
LOB at 11:00am
Legislative Office Building
33 North State Street
Concord, NH

Please join us to get this bill passed into law. We wish to thank the dozens of landlords who have made the effort over the past few weeks to voice their opinions in Concord. Our voices are being heard. Just think of the difference this one bill makes to your bottom line.

If you are unable to attend, click below to find out who your representative is. Let them know how important this bill is to property owners.

NH House of Representatives Members http://www.gencourt.state.nh.us/house/default.htm

Status of SB 44
Fail! Despite our best efforts and almost 70 landlords at the hearing, SB 44 was re-referred to committee. This essentially postpones the bill until 2012. The NHPOA will work with all the parties concerned to come up with a workable solution. SB 44 required tenants to pay rent into court on a weekly basis during an eviction proceeding.

Status of HB 141Success!
Did you know that in 2009 the New Hampshire Supreme Court ruled that cable television was a protected utility service under state law that can't be shut off during landlord-tenant disputes. The landlord, Lauren Flieder, argued that the cable provider told her the tenant's apartment was receiving the service through an illegal connection, so she disconnected the wire. The Court found the law regards cable TV as a protected service and that Flieder's action amounted to a self-help eviction.

In response, the NH House passed HB 141 which specifies which utility services are protected. The bill reads:
RSA 540-A:3, I is repealed and reenacted to read as follows:

1. Except for such temporary interruption as may be necessary while actual repairs are in process or during temporary emergencies, no landlord shall willfully cause the interruption or termination of any of the following utility services being supplied to the tenant by the landlord: water, sewage, electricity, gas, heat, air conditioning, telephone, elevator, or refrigeration.

2. Effective Date: This act shall take effect January 1, 2012.
If you agree with your Representatives, let your Senator know. Contact them to pass HB 141.

Click here to contact your NH Senate Members

Debbie Valente
New Hampshire Property Owners Association
(603) 881-3682

Legislative Alert - Update on Senate Bill 70

2011-04-05T23:46:00.002-04:00

Update on Senate Bill 70 and Tenant Property Storage
Next/Last Comm: HOUSE JUDICIARY
Next/Last Hearing: 04/12/2011 11:00 AM LOB 208

Senate Bill 70 (SB 70): Shortening from 28 to 7 the number of days a landlord must store property left behind by a residential tenant. The bill also eliminates the $1,000 minimum damage award should landlords violate the 7-day storage requirement. This bill passed the Senate on March 16, and the House Judiciary Committee will hold a hearing next Tuesday, April 12th

To read the entire text of the bill http://www.gencourt.state.nh.us/legislation/2011/SB0070.html

It’s finally Spring – Don’t get caught painting outside without your EPA Lead Paint Certification

2011-03-28T16:23:00.002-04:00

It’s finally Spring – Don’t get caught painting outside without your EPA Lead Paint Certification Next class 4/22/2011 Register today!

EPA/HUD CERTIFIED RRP TRAINING
Brought to you by:
HOME BUILDERS & REMODELERS ASSOCIATION OF NEW HAMPSHIRE and BUILD GREEN NH

Contractors, Renovators, Painters, Landlords… did you know???The EPA is requiring that all contractors working on pre-1978 properties obtain RRP EPA/HUD Lead Paint certification. The HBRANH/BGNH has contracted with LeadEdu, a NH based trainer to provide this certification class to contractors of all stripes including builders, plumbers and electricians, flooring installers as well as any other person in the building trades. If you work on pre-1978 buildings you need to be certified, fines are hefty and lead paint poisoning can happen to you. Learn how to protect yourself and your customers.

Organizer: HBRA of New Hampshire
Date & Time: Friday, April 22, 2011, 8:30 AM - 5:30 PM
Location/Venue: The Housing Center
Address: 119 Airport Road, Concord, NH 03301
Full Course: $230 for Members $295 for Non-members.
Register Today! CALL 603-228-0351 or visit www.hbranh.com to register

Upcoming Events
April 2, 2011 Local Energy Solutions Conference Penacook,NH
April 21, 2011 Conservation Subdivision Design Manchester, NH Instructor: Randall Arendt
Home Builders & Remodelers Association of New Hampshire 119 Airport Road Concord, NH 03301
Tel: 603-228-0351 Fax: 603-228-1877 Email: info@hbranh.com

Good news for the Rental Market

2011-03-28T14:26:00.003-04:00

Have You Considered This Way to Play Real Estate?
By Dr. Steve Sjuggerud
Monday, March 28, 2011

"Did your house ever sell?" I asked a friend over dinner last week."Yes, in a short sale," he told me.

STEVE: Did the bank forgive your debts?

FRIEND: Yes – a couple hundred thousand dollars' worth.

STEVE: Wow… You're not responsible for any of it? How did that work?

FRIEND: At first, the bank wouldn't even consider any offers on my house, because I was paying my mortgage on time. That went on for a year. So I sought out some advice, and I was told to stop paying my mortgage. I'm a responsible person. I didn't want to do that. But I was told that the bank wouldn't do anything until I was delinquent.

STEVE: So how did the bank finally accept the short sale?

FRIEND: Well I finally took the advice… I stopped paying my mortgage for three months… I became 90 days delinquent. Once I became delinquent, the bank took the offer. After a long wait with the bank pushing paper, the short sale went through.

STEVE: What happens next?

FRIEND: Well the bad news is, my credit is now screwed up for seven years. The good news is, the bank took the full hit. I'm not sure if I can buy a house for another seven years. I might be renting for a while.I hadn't thought much about this idea before: We have a new generation of renters out there. A couple days after that dinner, I got an email from a longtime friend of DailyWealth – Justin Ford of Pax Properties. He's actively involved in the residential rental market in South Florida. He said the rental market is "strong."

He explained why:

1) Millions have walked away from their homes or lost them to foreclosure, so they are now renters. [Like my friend.]

2) When houses were soaring, most people thought it was a great time to buy. Now that prices have been plunging, they think housing is a bad investment.

3) Many of the few who do recognize the compelling values still will have to rent for a while because they've had a recent foreclosure or credit problems and won't be able to qualify for a mortgage for a while.

The facts about the rental market go along with what Justin is seeing from the front lines. Justin also forwarded over a Wall Street Journal article, which said: Average U.S. apartment vacancy rates dropped to 6.6% last year from 8%, according to property-research firm REIS, while rents rose 2.3%… Occupied apartments rose by about 58,000 in the fourth quarter, the biggest increase for that period in 10 years, according to REIS.The article also quoted Green Street Advisors, my favorite real estate investment advisory firm, saying rental demand "will far outstrip supply" through 2015.
Until last week, I hadn't thought much about this potential in the rental market. But all these ideas make sense to me…This could be the decade of renters, whether it's families that are now out of their homes, like my friend… or first-time homebuyers who now choose to rent instead of buy.There might be an opportunity in here for you…You might rent out a property you own instead of selling it… Or you might find an investment in rental properties for income and some potential capital gains, like shares of a real estate investment trust (REIT) or a local opportunity.In short, chances are good we'll have a decade of renters. It makes sense to size up your own situation for any opportunities. There could be one right in front of you…
Good investing,Steve

FYI possible new Healthy Home initiative to watch out for.

2011-03-25T14:14:00.002-04:00

Grants Available for Grassroots Advocacy Organizations
This is a potentially serious problem coming our way.

With the support of The Kresge Foundation, the National Center for Healthy
Housing (NCHH) will expand and "scale up" its efforts to eradicate
unhealthy living conditions through a new initiative called the Grassroots
Advocacy Network for Healthy Housing. The Grassroots Advocacy Network will
develop local solutions to the challenging problem of substandard housing
and neighborhoods. NCHH will facilitate peer communication, offer technical
assistance and capacity building support, disseminate promising practices
in organizing and housing policy, and provide opportunities for involvement
in national advocacy work.

Application Process: NCHH plans to award subgrants of up to $15,000 to
grassroots advocacy organizations to carry out activities such as the
following:

Creating local demand for healthy housing through media
outreach, policy advocacy, community meetings, and other activities;
Educating policymakers and the public about unhealthy
conditions;
Holding public agencies accountable (e.g. to ensure that local
housing maintenance codes are enforced);
Creating and sustaining valuable collaboration between the
public and private sectors and within government.
Other methods most appropriate to the local content.

Eligibility criteria: 501 (c)(3) organizations with annual budgets less
than $1 million. Preference will be given to local community-based
organizations and non-profits that are currently involved in tenant
advocacy, health or housing policy, or environmental justice.

Rolling Deadlines for Applications: You may fill out the application and
submit it with the requested supplemental information by May 1, July 1, and
October 1.

Application: The application may be found at:

Laura Vincent Ford, Public Health Program Manager
NH Department of Health and Human Services
Healthy Homes and Environments Section
29 Hazen Drive, Concord, NH 03301-6504
phone: 603-271-5733 fax: 603-271-3991
e-mail: lvford@dhhs.state.nh.us
website: www.dhhs.nh.gov/dphs/bchs/clpp/

"As long as attention focuses on the costs of lead-paint abatement and
ignores the costs of not abating and as long as people add up the costs of
removing paint but not the costs of medical care, compensatory education,
and school dropouts, substantial action is unlikely." Joel Schwartz (1994)

NHPOA Meetings - March 2011

2011-03-14T11:45:00.003-04:00

NHPOA Meetings - March 2011

Manchester Chapter Meeting
When: Monday, March 14th at 6:30pm
Where:168 Amory Street Manchester, NH
Topic: Legislative Update, Vendor Workshop

Derry Chapter MeetingWhen:Monday, March 21st at 7:00pm
Where:Marion Gerrish Community Center
39 West Broadway(Route 102)Derry
Topic: Good Time to buy multi-families?
Speaker: Judy Nesset

Call To Action - Rent Escrow Bill

2011-03-14T11:41:00.003-04:00

Landlords Helping Landlords

March 2011
Call to Action
Rent Escrow Bill

NHPOA

Dear Property Owner
We have the opportunity to get a favorable committee vote on rent escrow!!

The NH Senate Judiciary Committee
will meet on Thursday, March 17, 2011 at 1:30 pm to hear Senate Bill 44.

SB 44 allows for the payment of rent into court during an eviction proceeding. Failure to make this payment during the court action results in an eviction against the tenant.

The intent here is to reduce the number of frivolous actions by tenants who have no intentions of defending an eviction action, but do so to buy extra time. Tenants are required to pay rent to the court on a weekly basis if they intend to defend any eviction action.

SB 44 - AS INTRODUCED
2011 SESSION SENATE BILL 44
AN ACT relative to payment of rent pending a landlord-tenant action.
SPONSORS: Sen. Boutin, Dist 16; Sen. Sanborn, Dist 7; Sen. Carson, Dist 14; Rep. Jasper, Hills 27; Rep. Infantine, Hills 13; Rep. W. Hutchinson, Hills 9; Rep. Packard, Rock 3

COMMITTEE: Judiciary
ANALYSISThis bill requires the tenant to pay rent on a weekly basis pending an eviction proceeding.
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0950
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to payment of rent pending a landlord-tenant action.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Landlord-Tenant Action; Payment of Rent. Amend RSA 540:13, II(a) to read as follows:
(a) If the tenant wishes to contest the eviction, [he] the tenant must file an appearance in the district court no later than the return day appearing on the writ and shall pay, on a weekly basis with the first payment due upon the filing of the appearance, all rent as it becomes due between the date of the appearance and the date that final judgment is issued. Otherwise, judgment shall be issued in favor of the landlord. The court shall retain 10 percent of such funds as an administration fee, and the balance of such funds shall be distributed to the prevailing party in the eviction action.
2 Effective Date. This act shall take effect January 1, 2012.

Various amendments to this bill have been discussed (including a change to percentage charged by the courts for collecting rent) since the original publication. Please be aware that the NHPOA has reviewed many of the suggested amendments, many of which are more favorable to landlords. An amendment may be introduced during the public hearing, so please be prepared to argue your point vigorously.

The NHPOA has been advised that we will need to fill the room during the public hearing, if we are to sway the committee in our favor. If you have never joined us in Concord before, please do so. If you will be joining us on Thursday, invite a fellow landlord to join you. The numbers are critical to our success.

We, as landlords, need to stop complaining about the laws which we find ludicrous and oppressive. We need to stand up and make our voices count. This is the time to do that. Letters and calls to your Senators do not make the same impact as your presence at the hearing. Your presence at the hearing makes it difficult for the committee to decide against us. If we don't have the numbers, the committee will believe that this issue is not that important to landlords.

Property owners in Massachusetts are also trying to pass a rent escrow law to avoid what is commonly referred to as the "free rent trick" Tenants stop paying rent. They call in the building inspector. They get code violations cited. And now they claim they are withholding rent for code violations and cannot be evicted. Some even prolong their free rent status by blocking repairs and deliberately creating more code violations. This unchecked rent withholding goes on as long as the tenants can keep it up -- many months, sometimes years. Rent escrowing would stop the free rent trick.

As landlords you are in the business of renting properties. This bill affects your business. It improves your bottom line. No-one is going to take care of your business if you don't.

Come to Concord and help us
take care of "business".

Quote of the day:
The ways things are going, pretty soon you will be able to list your tenants as "dependents" on your tax return.

Debbie Valente New Hampshire Property Owners Association
(603) 881-3682

Catastrophic Losses and your Leases and Insurance Policies

2011-03-09T14:02:00.002-05:00

What Does the Lease Say?
The language in a lease may specify the ownership interests of the landlord and tenant with respect to improvements and betterments and the like, which in turn could impact the question of which insurance policy or policies provide coverage for damage to or destruction of such property.

For example, a lease may provide that once affixed to the premises—whether by the landlord or by the tenant—all improvements and betterments become the sole property of the landlord, are not the property of the tenant, and cannot be removed or altered by the tenant without the express consent of the landlord. A lease may also state that furniture and equipment is the sole property of the tenant. Alternatively, a lease may provide for ownership by the landlord over certain fixtures, improvements and betterments, based on whether they were installed by the landlord or by the tenant, or based on the precise nature of the item.

In the event of a fire, explosion or other catastrophic loss, it can be extremely difficult to determine which items of property were: (1) part of the building's core and shell; (2) part of the improvements and betterments and the like owned by the landlord under the terms of the lease; or (3) part of the property owned by the tenant under the terms of the lease. In addition to the question of ownership over those items, the lease language may specify whether the landlord is contractually required to pay for the replacement of any damaged or destroyed property.

The lease may also address the question of which party is responsible for insuring the improvements and betterments. A lease may require the tenant to insure all improvements and betterments and personal property owned by the tenant. Or it may require only that the tenant insure furniture, equipment and other personal property. Or it may require the tenant to insure only those improvements and betterments or other personal property installed by the tenant. The lease may also specify which property the landlord agrees to insure.

In short, one must closely review any lease at issue to determine: (1) which party owns a given item of property within the leased premises; (2) whether the landlord is required to replace any damaged or destroyed property within the leased premises; and (3) which party was obligated to obtain insurance for a given item of property. Ideally, the lease language will address these issues consistently, so that the line drawn between property "owned" by the landlord or the tenant mirrors the line drawn between the property to be insured by one party or the other. The language is not always consistent or clear, however, which may add further complications in sorting through the parties' respective rights and obligations.

What Do the Policies Say?
A tenant lease is a contract, which governs the rights and obligations between landlord and tenant. In the event of a loss involving the property within the leased premises, another set of contracts will come into play: the landlord's property insurance policy; and the tenant's property insurance policy. The language of those policies with respect to coverage for property within the leased premises may be inconsistent from one policy to the other, and may also be inconsistent with the rights and obligations stated in the lease. Inconsistencies within and between the various contracts can create considerable uncertainty regarding which party is economically responsible for the damage or destruction of property within leased premises.

In a tenant's insurance policy, the scope of coverage for tenant improvements will typically be addressed by the general definition of "personal property" and any specific provisions that relate to coverage for tenant improvements and betterments, furniture, fixtures and equipment and the like. For example, a tenant's policy may explicitly state that personal property includes improvements and betterments installed in any premises owned, leased or occupied by the insured. Absent such an explicit provision, a general definition of personal property may refer to property owned by or in the possession of the insured.

If a tenant's lease states that all improvements and betterments are solely owned by the landlord, the tenant may be unable to demonstrate any ownership interest

in such property and the insurer may take the position that the property is therefore not covered. The tenant may argue that it was in possession of the property and had an insurable "use interest" in the property, and therefore the property was insured despite a lack of ownership. In some jurisdictions, case law may support that argument. For example, under New York law, an insurable interest in property typically includes "any lawful and substantial economic interest in the safety or preservation of property from loss, destruction, or pecuniary damage." Sigola Mfg., Inc. v. Dairyland Ins. Co., 124 A.D.2d 654, 654 (N.Y. App. Div. 1986). Where a tenant agreed in its lease to insure the premises, this argument is even stronger under New York law. Id.

In a policy issued to a landlord, the definition of "personal property" may explicitly include tenant improvements and betterments and the like within premises owned by the landlord and leased to others. Or a landlord's policy may explicitly state that the only improvements and betterments that are covered are those located within property occupied by the landlord. In that case, the insurer may argue that even if a lease between the landlord and the tenant states that the landlord owns the improvements and betterments, those items are not covered property since they are located in premises not occupied by the insured landlord.

Understanding how each policy defines personal property and whether such definitions conflict will be important in determining whether an insurer is responsible for the cost to replace or repair damaged property (or for the actual cash value of such property). This analysis can be further complicated when one or more policies at issue contains an "Other Insurance" provision that makes coverage contingent on the availability of other insurance, an issue discussed below.

What do the Policies Say About Each Other?
Many property insurance policies contain an "other insurance" provision. The language of such provisions varies, but typically they are designed to establish a requirement that in the event of a loss, any other applicable policy must respond first. In concept, a policy containing such a clause would only respond to the extent the "other insurance" was insufficient to cover the entire loss. Not surprisingly, a landlord's policy and tenant's policy may both contain such "other insurance" provisions. The case law in each jurisdiction will be significant in determining how to resolve competing "other insurance" clauses. For example, in Texas, when the "other insurance" provisions conflict, both the tenant's insurer and the landlord's insurer must share the costs. Travelers Lloyds Ins. Co. v. Pacific Employers Ins. Co., 602 F.3d 677 (5th Cir. 2010).

It is possible that both the landlord's policy and the tenant's policy explicitly provide coverage for some of the same property within the leased premises. In that circumstance, the insurers should explore whether it is appropriate to share in the cost of replacing or repairing the property at issue, either due to competing "other insurance" provisions or simply as a reasonable approach to resolving all claims.

Insurers should also be aware of the possibility of a multiple recovery for the same property, with one insurer paying the landlord the full replacement cost for the property and the other insurer paying an actual cash value claim to the tenant for the same property. Further complicating this scenario is the fact that landlords often provide cash up front at the start of a lease term for the tenant to use to fit out the premises. That up front sum is typically added to the monthly lease amount, spread out over the life of the lease. As a result, where property is damaged near the end of a lease term, the landlord may have already been repaid for the original cost to install the improvements, and then be paid again by the insurer for the cost to replace the improvements, with the tenant receiving a separate payment from its insurer for the same property.

Parties should be cognizant of any applicable case law related to these issues to determine whether such multiple or overlapping recoveries are allowed. For example, in New York there is case law supporting the argument that an insurer's contractual payment obligations to the insured cannot be offset by a recovery provided for by another policy. Foley v. Manufacturers & Builders' Fire Insurance Co. of New York, 46 N.E. 318 (N.Y. App. Div. 1897); Alexandra Restaurant, Inc. v. New Hampshire Ins. Co. of Manchester, 272 A.D. 346 (N.Y. App. Div. 1947).

Conclusion
In the event of a catastrophic loss involving property within leased premises, insurers, tenants and landlords should carefully review the applicable language in all leases and policies involved and consider the potential for conflicting terms. Particularly where disputes arise, the parties should consider any jurisdiction-specific case law that may clarify their rights and duties. Ultimately, an understanding of how the provisions of the policies and the lease fit together (or fail to fit together) will be essential in determining where each party's obligations begin and end.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Article provided courtesy of mondaq.com

Hearing rescheduled for Friday, Feb 25th

2011-02-19T20:40:00.001-05:00

Dear Property Owner

The public hearing for SB 70-FN has been changed to:

FRIDAY, FEBRUARY 25
COMMERCE, Room 102, LOB In Concord at 9:30 a.m.

Please change your calenders. Talk to your neighbor landlords and ask them to join us on this date.

SENATE BILL 70
This bill shortens the time period during which a landlord is required to store a tenant's abandoned property - 28 days to 7 days. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws - $1,000 per day fines.

Remember, all the tenant activists and pro-tenant assistance groups will be there to oppose this bill. If you are not there, they will succeed in killing this bill. Make your voice count - be there!

Landlord Action Alert - Important Hearing Feb 24th

2011-02-18T12:33:00.002-05:00

Dear Property Owner

The public hearing for SB 70-FN has been announced:

THURSDAY, FEBRUARY 24
COMMERCE, Room 102, LOB at 9:30 a.m.

NHPOA is asking for your support in Concord to push the passage of SB 70. The time is now. Join us to make a change - don't leave it to others.

SENATE BILL 70

AN ACT relative to remedies in landlord-tenant actions.
SPONSORS: Sen. De Blois, Dist 18
COMMITTEE: Commerce - Sen. Prescott (C), Sen. White (VC), Sen. De Blois, Sen. Houde, Sen. Sanborn

ANALYSIS

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws.

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-1000

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to remedies in landlord-tenant actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Prohibited Practices and Security Deposits; Storage of Tenant's Personal Property. Amend RSA 540-A:3, VII to read as follows:

VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of [28] 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the [28-day] 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.

2 Repeal. RSA 540-A:4, IX, relative to the landlord and tenant's right to a private action under RSA 358-A:10, is repealed.

3 Effective Date. This act shall take effect January 1, 2012.

Repeal RSA 540-A:4 IX - Landlords are being made to pay tenants a $1000.00/day in fines!!!!

Any landlord or tenant who violates RSA 540-A:2 or RSA 540-A:3 shall be subject to the civil remedies in RSA 358-A:10. Each day that a violation continues shall constitute a separate violation. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court.

Please don't think this won't happen to you!

In December 2009, a NH tenant who had failed to pay rent, broken his lease and voluntarily vacated the apartment (after handing back his keys) was awarded over $40,000.00 in civil damages - Apparently he had been denied access to his apartment, as it had been subsequently rented to another person. In addition to the $40,000.00 award, the Landlord is now receiving threats from other tenants in the building that they will not be paying their rent. The tenants argue that if they were to sue, they could get $50,000.00, so the Landlord should consider non-payment of rent, a small price to pay.

In the past year NHPOA members have heard of four other similar cases.

Building departments, code enforcement officers, Legal Assistance and tenant attorneys are aware of this law. They are providing free advice to your tenants! How long do you think it is going to take for you to run into a savvy /sophisticated tenant who figures out how this abuse of the system works.

Change storage period to 7 days - Too often landlords have to wait for the full 28 days to pass before taking possession of their property once a tenant has vacated. Most landlords have been in this situation after months of non-payment of rental. On a best case scenario it can take three months to evict someone if they decide to "store" their belongings with the landlord for 28 days rent free.

We have to take a strong stand against these abuses. Please support us to ensure the passage of Senate Bill 70-FN.

It is obvious that this bill is critical in restoring the balance in landlord-tenant matters. We need your support. If you cannot attend the hearings - call or write to your Senator.

Now is the time to make the changes we desperately need. Come to Concord and make the Senate understand your problems as a landlord. Your presence makes a greater impact than a letter or a phone call.

Remember, all the tenant activists and pro-tenant assistance groups will be there to oppose this bill. If you are not there, they will succeed in killing this bill. Make your voice count - be there!

Click here for the current Senate Members: NH Senate Member List

About NHPOA
The New Hampshire Property Owners Association (NHPOA) is the largest rental property owner association in the state. The NHPOA is a non-profit group made up of rental property owners, managers and others with similar business affiliations. Our members are predominantly "mom and pop" landlords, who live in two or three-family homes, or run part-time or full-time rental businesses.

As rental property owners, we currently face the toughest economic climate we are likely to see in a generation. In addition, we are on the wrong side of some of the toughest pro-tenant legislation in the nation. The only way to ensure growth and stability in this climate is to create favorable legislation and educate our members.

Your financial, physical and vocal support helps us to:

* Press for reform of landlord-tenant laws in New Hampshire;
* Educate the public, the media and legislators about property owner issues;
* Educate property owners;
* Organize grassroots lobbying and campaigning;

Join or renew now at http://nhpoa.org

Debbie Valente
New Hampshire Property Owners Association
(603) 881-3682