==Legislative Update, 2023 #33== Prepare to be active on the retained bills. Another Win.

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Comments

 

***************************Howdee Everyone,

See the Micro Update for
HB261 & HB379 being likely active very soon,
See Another win…HB111 Report from Committee to Study Residential Electric Vehicle Charging.

Next House Session
January 3, 2024
January 4, 2024

Possible session days
January 11, 2024

Next Senate Session
Call of the Chair

Update 2023 33 ActionMap
***

Micro Update
Note: some links have changed. Always use latest links in latest update.
Also note that we often keep previous update info on items still active because there are often new members signing up and receiving the updates. So we want them to have the info. Please have your housing provider partners and friends join us. The more members the stronger we will be.

HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
Inside intel says we need to be prepared to negotiate a compromise. We are beginning to work on that. Stay tuned. This one will likely become very active. Consider checking the Interim Update, mid week. Please review past notes to prepare for communicating with committee soon.

HB379, Indigent Tenant Eviction Notice of NHLA
Will likely become very active. Please review past notes to prepare for communicating with committee soon.

(same as previous update)
Head’s Up on new legislation
If you want a head’s up for what’s coming in next legislative season, review the new initial LSR list of bills affecting real estate .

Another win.
(new info, will likely now be dropped from the update)
The Electrical Vehicle Charging Station Study Committee filed its report. And is quite favorable to us. In the Committee Recommendations are
… letting the business market evolve… committee believes mandating landlords to install infrastructure and charging stations would be counterproductive and not recommended… number of people buying EV’s is not what had been expected… committe acknowledges that mandates by building codes or any other government mandates, for landlords or home owners to install infrastructure and charging stations will drive the cost of rents and home ownership up and that is the last thing New Hampshire needs today… will eventually solve itself given time with new technology of engine types and fuel stations becoming the EV charging stations in the future.
Here is the full report.

(same as previous update)
Section 8 Incentives Here are our updated notes. We have added our issues that cause Section 8 to be more costly to housing providers with the intention that the language of the bill could say these types of items would be eligible for reimbursement. Check it out. These are things it would be good for you to know.

Stay tuned on all of the above.

To increase our and your advocacy effectiveness, be sure to complete the landlord survey. All responses are kept confidential. No individual response info will be shared. Complete survey here

Big thank you to those that donated. It really makes a positive difference to keeping this Legislative Initiative going. Donations have ranged from $15 to $500.
If you feel we are providing benefit, you can send donations to 16 Crescent St, Derry, NH 03038 made payable to Nick Norman.

1. General Updates
In between publishing the weekly Legislative Update, we will occasionally put interim updates here: Interim Update

See Standard Email/Letter Format

Big thank you to those that donated. It really makes a positive difference to keeping this Legislative Initiative going. Donations have ranged from $15 to $500.
If you feel we are providing benefit, you can send donations to 16 Crescent St, Derry, NH 03038 made payable to Nick Norman.


2. Major Bills:

See Action Map table above.
(Remember: to jump right to bill detail, use Control-F, Find)

…….
Senate Commerce

HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
…….

…….
Senate Judiciary

HB379, Indigent Tenant Eviction Notice of NHLA
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
…….

…….
House Judiciary

HB283, Application Fee Limit & Refund
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against original bill, for amendment 2023-2041h
2023-2041h passed the committee 16-4. Now on the way to full House.
See our notes on HB283
…….


3. Federal Update

None so far.

4. Minor bill updates are included in bill status section further below.
None so far.

5. Media.
‘Out of control’: Advocates rally in D.C. calling for action on housing crisis

See more info in Summaries & Full Detail for each bill further below. (includes property owner position, contact info, Talking points, and more).
(Remember: to jump right to bill detail, use Control-F, Find).


Hearings this week:

None so far.


Hearings next week:

None so far.


Future Hearings:

None so far.


Love & Light,

Nick Norman
Director of Legislative Affairs
AANH Government Affairs Chair
NHRPOA Legislative Affairs Committee Chairman
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Bills Updated Status summary:
We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. It's not terribly hard to get but not straight ahead either.

SB63, Tax Credit Qualified Private Community Property Owners

Title: enabling municipalities to adopt a tax credit for qualified private community property owners.
Property Owner Position: You Decide
General Status: SENATE
House Status:
Senate Status: REPORT FILED:

HB178, Foreclosure For Condo Fees

Title: relative to the enforcement of condominium liens for assessments.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB239, Condo Associations Financial Disclosure

Title: relative to condominium disclosure of financial information.
Property Owner Position: LimitedImpact
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB347, Establish Land Use Court

Title: establishing a superior court land use review docket.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB15, Business Enterprise Tax Reduction

Title: relative to the rate of the business enterprise tax.
Property Owner Position: LimitedImpact
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB546, $50M To School Building Aid

Title: relative to the school building aid program.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB192, Repeal Dividend And Interest Tax Reduction

Title: relative to the rate and exemptions of the interest and dividends tax.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB283, Application Fee Limit & Refund

Title: to limit application fees charged to prospective residential tenants.
Property Owner Position: Against original bill, for amendment 2023-2041h
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB641, Delivery Final Lead Inspection Report

Title: relative to clearance inspections following identification of a lead exposure hazard.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB569, State Education Property Tax & Low & Moderate Income Homeowners Property Tax Relief

Title: relative to the state education property tax and the low and moderate income homeowners property tax relief program.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB398, Notice of PFAs

Title: relative to notice of PFAS and other groundwater contamination prior to the sale of real property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB606, State Building Electric Vehicle Charging

Title: requiring construction of state buildings or state-funded projects to contain electric vehicle (EV) charging infrastructure.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status:

HB261, Lease Termination Domestic Violence Victims Or Newly Disabled

Title: authorizing residential tenants to terminate their lease in instances of domestic violence or following a disabling illness or accident.
Property Owner Position: Against
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: REREFERRED

SB64, Study Committee Manufactured Housing Park Disputes

Title: establishing a study committee on resident-owned manufactured housing park disputes and oversight of resident-owned manufactured housing parks.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: PASSED/ADOPTED

HB379, Indigent Tenant Eviction Notice of NHLA

Title: (New Title) requiring notice be provided to tenants during residential eviction proceedings regarding legal counsel.
Property Owner Position: Against
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: REREFERRED
|==============================================|
Full Details on all bills above:
SB63, Tax Credit Qualified Private Community Property Owners
10/31/2023 at 10:00 a.m. Location: State House Time: 10:00 a.m.
Title:

Summary: Enabling municipalities to adopt a tax credit for qualified private community property owners.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=41

Email to Committee:
To: Daryl.Abbas@leg.state.nh.us; Keith.Murphy@leg.state.nh.us; Rebecca.PerkinsKwoka@leg.state.nh.us; James.Gray@leg.state.nh.us; Donna.Soucy@leg.state.nh.us; ;
Subject: SB63

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB63
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
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HB178, Foreclosure For Condo Fees
1/18/2023 at 10:00 a.m. Location: Legislative Office Building Time: 10:00 a.m.
Title:

Summary: This bill allows a condominium association to initiate a foreclosure proceeding in order to satisfy an outstanding lien for assessments.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?id=29

Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB178

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB178
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB239, Condo Associations Financial Disclosure
1/18/2023 at 10:45 a.m. Location: Legislative Office Building Time: 10:45 a.m.
Title:

Summary: This bill provides for regular disclosure of the financial records of a condominium association to unit owners.

Property Owner Position: LimitedImpact

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?id=29

Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB239

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB239
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
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HB347, Establish Land Use Court
1/19/2023 at 2:30 p.m. Location: Legislative Office Building Time: 2:30 p.m.
Title:

Summary: This bill would give the Supreme Court of the State of New Hampshire the authority to establish a a land use review docket in the superior court which shall have jurisdiction to hear appeals from decisions of local land use boards. The bill does not mandate the establishment of such a docket. All appeals from local land use boards would be assigned to this docket. One judge, who is knowledgeable in this area of the law, will hear the appeals.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H34

Email to Committee:
To: HouseFinanceCommittee@leg.state.nh.us
Subject: HB347

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB347
Analysis Stated in Bill:

Talking Points:
This is redundant to the housing appeals board so we are unsure if there is a need for the legislation.
Over the last few years there have been many bills introduced to establish land use boards or courts. The idea is to speed up appeals so developments can start being built sooner.

It could be a good idea to more quickly overcome "not in my backyard" local resistance to development.
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HB15, Business Enterprise Tax Reduction
1/24/2023 at 10:00 a.m. Location: Legislative Office Building Time: 10:00 a.m.
Title:

Summary: This bill reduces the rate of the business enterprise tax for tax years ending on or after December 31, 2024.

Property Owner Position: LimitedImpact

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

Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB15

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB15
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB546, $50M To School Building Aid
1/24/2023 at 11:00 a.m. Location: Legislative Office Building Time: 11:00 a.m.
Title:

Summary: This bill requires a minimum of $50,000,000 per fiscal year to be transferred to the school
building aid fund, in addition to any debt service payments, for school building aid grants

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H34

Email to Committee:
To: HouseFinanceCommittee@leg.state.nh.us
Subject: HB546

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB546
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB192, Repeal Dividend And Interest Tax Reduction
1/24/2023 at 1:00 p.m. Location: Legislative Office Building Time: 1:00 p.m.
Title:

Summary: This bill repeals the previously passed phase out of the interest and dividends tax and changes the rates and exemptions.

Property Owner Position: You Decide

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

Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB192

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB192
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
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HB283, Application Fee Limit & Refund
1/25/2023 at 1:00 p.m. Location: Legislative Office Building Time: 1:00 p.m.
Title:

Summary: This bill would limit application fees to 35 dollars or the cost of conducting a background check of the prospective tenant, whichever is less. Any other fees charged by the landlord shall be refunded to the tenant or applied to the security deposit at tenant’s choice, but shall not exceed $250.00. This bill would amend RSA 540A, which means a violation could subject a landlord to daily damages charges.

Property Owner Position: Against original bill, for amendment 2023-2041h

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?id=5

Email to Committee:
To: Joe.Alexander@leg.state.nh.us; Louise.Andrus@leg.state.nh.us; Shelley.Devine@leg.state.nh.us; Charlotte.DiLorenzo@leg.state.nh.us; Jeffrey.Greeson@leg.state.nh.us; Timothy.Horrigan@leg.state.nh.us; Cam.Kenney@leg.state.nh.us; Katelyn.Kuttab@leg.state.nh.us; Judi.Lanza@leg.state.nh.us; rjlynn4@gmail.com; zoe.manos@leg.state.nh.us; Rebecca.McBeath@leg.state.nh.us; Mark.Paige@leg.state.nh.us; Kristine.Perez@leg.state.nh.us; msmithpen@aol.com ; Walt.Stapleton@leg.state.nh.us; dave@sanbornhall.net; richard.tripp@leg.state.nh.us; Eric.Turer@leg.state.nh.us; Scott.Wallace@leg.state.nh.us; ;
Subject: HB283

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB283
Analysis Stated in Bill:

Talking Points:
The $35 limitation is an arbitrary number. It does not reflect the actual costs that can be incurred in screening tenants. A landlord/company can easily spend an hour to several hours conducting a search to obtain current and prior landlord references, confirm employment, get and review tenancy reports and landlord references and rental history as well as researching falsified rental applications. Many landlords use a professional service and/or a management company to vet tenants in an attempt to have a straightforward, professional, and non-discriminatory process. Their costs would easily exceed the cap required under this bill. All of this can take quite a bit of time and money to follow through to completion.

All of that time is an hourly cost, even if spent by an assistant, plus the costs of a credit report & landlord tenant report, can very easily far exceed $35 dollars.

Applicants already agree to non-refundable fee before applying:
This bill does not understand that prospects agree up front to an application fee, and that the purpose of an application fee is to cover the costs of getting the reports and processing the application and is nonrefundable. People freely enter into these application fee agreements and understand that they are not refundable.

Only a portion of applications get denied, usually because the tenant was dishonest on the application.

The bill also does not deal with inflation. There is no cost of living adjustment included so as costs invariably go up, landlords go further behind.

The term background check is ambiguous. Is it the time spent checking references, researching falsified application and finding the true landlord, getting the landlord tenant report, getting references from landlords or is it a formal credit report only?

Penalties are unreasonable in light of the potential harm to the applicant:
Compared to the cost of the application, the penalties under RSA 540A are extremely excessive, which can be in the amount of $1,000 and a judge can award up to three times that amount on a finding of a willful or knowing violation, plus an award of attorney fees and court costs.

Extensive background check is called for before relinquishing control of an asset worth 100s of thousands:
An extensive background check is called for at applicants expense just like applying for a loan.

Mandates returning additional processing fees to people who falsify applications:
Many applicants falsify their rental application particularly with false landlord references which takes time for the person processing the application to verify. Also, tenants frequently say they have no eviction history when in fact they do. If a company spells out their criteria and a candidate, after a thorough processing, does not meet the criteria, they should not be entitled to a refund of that expense, nor should it be credited to a deposit. It is a cost, voluntarily entered into by a prospective tenant and should be retained by the landlord or property management company. The bill is essentially saying, the applicants that lie should have their additional processing fees returned after wasting hours of the landlord’s time and effort.

Applicants can already review their situation with landlords before applying:
If a prospective tenant doesn’t want to loose application costs then they can carefully review their situation with the landlord before they even apply, including showing the landlord their credit report before applying.

Those people can also help themselves by asking, when they are about to apply, what are the landlord's requirements to have the application approved. If they do not meet those requirements, they should simply not apply and not pay the application fee.

Are that many landlords charging high application fees to warrant this bill? What actual studies or surveys are going to be presented to the legislature to show that a bill is even needed?
The extent of the number of people who have applied for and paid multiple application fees in order to obtain an apartment is not known. This bill maybe for a few people, who most likely have bad credit or bad landlord history. A bill should not be passed to help those few people.
Tenant with failing applications need to fix what's causing the denials.

Again the issue is a housing shortage in New Hampshire and other areas of our country.

Please vote Inexpedient To Legislate.
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HB641, Delivery Final Lead Inspection Report
1/26/2023 at 10:30 a.m. Location: Legislative Office Building Time: 10:30 a.m.
Title:

Summary: This bill would require that following a lead abatement and upon completion of a clearance inspection indicating that no lead exposure hazards remain on the property, the person who performs the inspection must provide within 30 days a copy of receipt of the sample (believed to be dust sample) or upon receipt of payment, whichever is earlier, to the landlord, day care provider, the lead abatement contactor, and if the unit is under abatement order, or if an abatement was preformed using a lead hazard remediation loan, the Department of Health and Human Services.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?id=5

Email to Committee:
To: Joe.Alexander@leg.state.nh.us; Louise.Andrus@leg.state.nh.us; Shelley.Devine@leg.state.nh.us; Charlotte.DiLorenzo@leg.state.nh.us; Jeffrey.Greeson@leg.state.nh.us; Timothy.Horrigan@leg.state.nh.us; Cam.Kenney@leg.state.nh.us; Katelyn.Kuttab@leg.state.nh.us; Judi.Lanza@leg.state.nh.us; rjlynn4@gmail.com; zoe.manos@leg.state.nh.us; Rebecca.McBeath@leg.state.nh.us; Mark.Paige@leg.state.nh.us; Kristine.Perez@leg.state.nh.us; msmithpen@aol.com ; Walt.Stapleton@leg.state.nh.us; dave@sanbornhall.net; richard.tripp@leg.state.nh.us; Eric.Turer@leg.state.nh.us; Scott.Wallace@leg.state.nh.us; ;
Subject: HB641

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB641
Analysis Stated in Bill:

Talking Points:
The bill is advantageous for property owners and day care providers. They will have the report, which has to be given to new tenants, showing the property is lead safe. Since reports can be misplaced by a government agency, the landlord will have a copy if a lead issue occurs in the future.

The bill does not substantially change any of the existing lead laws.
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HB569, State Education Property Tax & Low & Moderate Income Homeowners Property Tax Relief
1/31/2023 at 2:00 p.m. Location: Legislative Office Building Time: 2:00 p.m.
Title:

Summary: Relative to the state education property tax and the low and moderate income homeowners property tax relief program.

Property Owner Position: You Decide

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

Email to Committee:
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB569

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB569
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB398, Notice of PFAs
2/1/2023 at 1:45 p.m. Location: Legislative Office Building Time: 1:45 p.m.
Title:

Summary: This bill would require the sellers of any interest in real estate to include PFAs in the notification to buyers, which is now required for radon, arsenic, and lead. As with radon, arsenic and lead, the notification will only warn buyers of the potential of this contaminate in groundwater and that there are tests available

Property Owner Position: You Decide

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

Email to Committee:
To: HouseResourcesRecreationandDevelopment@leg.state.nh.us
Subject: HB398

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB398
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

This is just one more notice that a buyer might want to check a property for possible problems before agreeing to buy. We do not see this bill having any major impact, and it is more for the buyers of single family dwellings.

If you learn anything about this bill please email it to us. Thanks!
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HB606, State Building Electric Vehicle Charging
2/3/2023 at 1:00 p.m. Location: Legislative Office Building Time: 1:00 p.m.
Title:

Summary: Requiring construction of state buildings or state-funded projects to contain electric vehicle (EV) charging infrastructure.

Property Owner Position: You Decide

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

Email to Committee:
To: HousePublicWorksandHighways@leg.state.nh.us
Subject: HB606

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB606
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
4/11/2023 at 10:00 a.m. Location: State House Time: 10:00 a.m.
Title:

Summary: This bill would give tenants who are victims of domestic abuse or stalking or a tenant who's household member is such a victim, and tenants who suffers a disabling illness or accident the ability to terminate a lease within 30 days of notice to the landlord and not be subject to any charges or penalties for such termination. The tenant terminating the lease would have to provide written notice to the landlord and documentation showing the abuse, sexual assault or stalking which would include an order from a Court based upon a petition for protection from abuse, a police report reflecting that the tenant or a household member, who can be a child was such a victim, both have to be dated no more than 60 days before the notice of termination.

The tenant who suffers a disabling illness or accident must provide the landlord with written notice which describes the reason for termination of the rental agreement and be accompanied by written documentation indicating how, as a result of disability, the rental property is no longer enjoyable or suitable for the tenant.

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=40

Email to Committee:
To: Donna.Soucy@leg.state.nh.us; Shannon.Chandley@leg.state.nh.us; William.Gannon@leg.state.nh.us; Denise.Ricciardi@leg.state.nh.us; Daniel.Innis@leg.state.nh.us; ;
Subject: HB261

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB261
Analysis Stated in Bill:

Talking Points:
See https://drive.google.com/open?id=1SC_z-YRxsxMiMg3zcL2ABZ0-MZ0byvRz&authuser=nicknorman003%40gmail.com&usp=drive_fs
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SB64, Study Committee Manufactured Housing Park Disputes
4/12/2023 at 10:30 a.m. Location: Legislative Office Building Time: 10:30 a.m.
Title:

Summary: Establishing a study committee on resident-owned manufactured housing park disputes and oversight of resident-owned manufactured housing parks.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?id=29

Email to Committee:
To: HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB64

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB64
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB379, Indigent Tenant Eviction Notice of NHLA
4/27/2023 at 1:30 p.m. Location: State House Time: 1:30 p.m.
Title:

Summary: Summary on Amendment 2023-0252h: It replaces the entire text of the bill with only the following:
The eviction notice shall clearly state that an indigent tenant may be eligible for assistance from New Hampshire Legal Assistance for legal counsel in the eviction proceeding and shall include instructions on the process for contacting and obtaining such assistance. This paragraph does not guarantee a right to legal assistance.

Summary on original bill as introduced:
The bill would require the Courts to appoint an attorney to indigent tenants, people who's income is equal to or less than 200% of the federal poverty guidelines, upon the tenant requesting such an attorney. The bill would require that the eviction notice shall clearly state that an indigent tenant may be provided with court-appointed counsel for the eviction proceeding and include instructions on the process for obtaining such counsel.
The bill would establish a fund for the payment of attorneys for indigent tenants, but only funds it with $1.00.
The eviction notice shall clearly state that an indigent tenant may be eligible for assistance from New Hampshire Legal Assistance for legal counsel in the eviction proceeding and shall include instructions on the process for contacting and obtaining such assistance. This paragraph does not guarantee a right to legal assistance.

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=33

Email to Committee:
To: Daryl.Abbas@leg.state.nh.us; Shannon.Chandley@leg.state.nh.us; William.Gannon@leg.state.nh.us; Becky.Whitley@leg.state.nh.us; Sharon.Carson@leg.state.nh.us; ;
Subject: HB379

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB379
Analysis Stated in Bill:

Talking Points:
Most tenants already know they can consult with NH Legal Assistance, especially after the recent eviction changes during the pandemic.

Statute should not refer to a non-governmental organization by name. NHLA is a nonprofit law firm. The state should not be in the business of advertising for them.

The amendment does not give the indigent tenant any additional rights than the tenant currently has. However, there is a concern that this could be interpreted as a tenant’s right to know about legal service and there may be more cases of the tenant claiming the eviction notice is defective.

Landlords cannot be expected to know the process for contacting and obtaining assistance from NHLA. That's not the landlord's job.

For those reasons, we want the court to develop the form including providing the correct info with a link to the info on line. If the contact info changes the court can be responsible to keep the link up to date.

We need to make clear that if the contact info for the tenant services changes or other tenant services become available then the eviction notice is not made defective and the eviction continues.

Analysis on original bill as introduced:
Summary:
The bill would require the Courts to appoint an attorney to indigent tenants, people who's income is equal to or less than 200% of the federal poverty guidelines, upon the tenant requesting such an attorney. The bill would require that the eviction notice shall clearly state that an indigent tenant may be provided with court-appointed counsel for the eviction proceeding and include instructions on the process for obtaining such counsel.
The bill would establish a fund for the payment of attorneys for indigent tenants, but only funds it with $1.00.

Analysis:
This is redundant to Legal Aid services.
The overwhelming majority of evictions are for non-payment of rent. Most of these cases are because the tenant has not paid rent, and cannot become current before the hearing on the merits. As a result, the bill will have limited effect in protecting the tenants, other than potentially delaying an eviction if an appointed attorney is not available.

Like Small Claims actions, landlord tenant matters are not generally in need of legal services. Ample notice of tenant rights is provided, all they need to do is show up in court and challenge any landlord errors. The Circuit Court Judges are very cautious of tenant rights. The Judges explain the law and the tenant’s rights to the tenant. They also make sure the landlord proves their case, as the landlord has the burden of proof in any eviction. Judges are also highly trained in confirming if the landlord made any errors in their forms.

This bill does not have any real funding for the appointment of counsel. This would include the additional burden on the clerks of court, payment to the attorneys and the administration of the payments. Future funding will undoubtedly be made by a surcharge on landlord tenant entry fees for which the tenant would end up being responsible.

***************************Howdee Everyone,

See the Micro Update for big win on HB283 and HB2621 & HB379 being likely active very soon.

Next House Session
January 3, 2024
January 4, 2024

Possible session days
January 11, 2024

Next Senate Session
Call of the Chair

Update 2023 32 ActionMap
***

‚Äč

Micro Update
Note: some links have changed. Always use latest links in latest update.
Also note that we often keep previous update info on items still active because there are often new members signing up and receiving the updates. So we want them to have the info. Please have your housing provider partners and friends join us. The more members the stronger we will be.

HB283, Application Fee Limit & Refund
We have a big win.
At the House Judiciary executive session. It seems that we were successful in finally getting across to the legislators that despite what Representative Ellen Read was saying, indeed the $1000/day does apply and starts immediately on a court order.

Representative Joe Alexander was very instrumental in championing for us. He has been very much directly in touch with us providing opportunity to give him input for the committee to “set the record straight”. Please send him your thank you for a job well done in assuring a fair out come and protecting housing providers.

Eventually democrats gave up on the $1000/day fine, they gave up on a $100 fee, they gave up on any fee and the committee accepted our amendment in full to eliminate the $1000/day fee. The committee, including half the Republicans also added that a housing provider would return any court costs.
Here are our updated notes, sample thank you email to Joe Alexander and the passed amendment.

HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
Will likely become very active. Please review past notes to prepare for communicating with committee soon.

HB379, Indigent Tenant Eviction Notice of NHLA
Will likely become very active. Please review past notes to prepare for communicating with committee soon.

(same as previous update)
Head’s Up on new legislation
Over the next couple weeks: If you want a head’s up for what’s coming in next legislative season, review the new initial LSR list of bills affecting real estate .

(same as previous update)
The Electrical Vehicle Charging Station Study Committee seemed to respond favorably to our concerns and was very thankful for our input. They said they have no intention of recommending a requirement for providing electrical vehicle charging stations. Also, while there are some ideas about offering this, there is not one site for best practices.
We made contacts that may give us info to share with you on preparing to offer charging stations in case it is something you want to consider.
Here is our list of concerns.

(same as previous update)
Section 8 Incentives Here are our updated notes. We have added our issues that cause Section 8 to be more costly to housing providers with the intention that the language of the bill could say these types of items would be eligible for reimbursement. Check it out. These are things it would be good for you to know.

Stay tuned on all of the above.

To increase our and your advocacy effectiveness, be sure to complete the landlord survey. All responses are kept confidential. No individual response info will be shared. Complete survey here

Big thank you to those that donated. It really makes a positive difference to keeping this Legislative Initiative going. Donations have ranged from $15 to $500.
If you feel we are providing benefit, you can send donations to 16 Crescent St, Derry, NH 03038 made payable to Nick Norman.

1. General Updates
In between publishing the weekly Legislative Update, we will occasionally put interim updates here: Interim Update

See Standard Email/Letter Format

Big thank you to those that donated. It really makes a positive difference to keeping this Legislative Initiative going. Donations have ranged from $15 to $500.
If you feel we are providing benefit, you can send donations to 16 Crescent St, Derry, NH 03038 made payable to Nick Norman.


2. Major Bills:

See Action Map table above.
(Remember: to jump right to bill detail, use Control-F, Find)

…….
Senate Commerce

HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
…….

…….
Senate Judiciary

HB379, Indigent Tenant Eviction Notice of NHLA
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
…….

…….
House Judiciary

HB283, Application Fee Limit & Refund
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against original bill, for amendment 2023-2041h
2023-2041h passed the committee 15-5. Now on the way to full House. See Micro Update
…….


3. Federal Update

(same as previous update)
EPA proposing to drop dust hazard level to zero: Review our notes & the well crafted opposition letter from LEHA.
NH is rewriting it’s rules on lead.
There continues to be very alarming development on the federal level with federal agencies moving forward with Preside Biden’s Renters Bill of Rights. We will attempt to get more to you on this in coming weeks. Which will include:
Federal Rent Control
Federal Forcing Section 8 Participation
Federal Regulation of Application Fees
likely many other issues detrimental to housing providers and the rental real estate market.

4. Minor bill updates are included in bill status section further below.
None so far.

5. Media.
None so far.

See more info in Summaries & Full Detail for each bill further below. (includes property owner position, contact info, Talking points, and more).
(Remember: to jump right to bill detail, use Control-F, Find).


Hearings this week:

None so far.


Hearings next week:

None so far.


Future Hearings:

None so far.


Love & Light,

Nick Norman
Director of Legislative Affairs
AANH Government Affairs Chair
NHRPOA Legislative Affairs Committee Chairman
|==============================================|
Bills Updated Status summary:
We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. It's not terribly hard to get but not straight ahead either.

SB63, Tax Credit Qualified Private Community Property Owners

Title: enabling municipalities to adopt a tax credit for qualified private community property owners.
Property Owner Position: You Decide
General Status: SENATE
House Status:
Senate Status: REPORT FILED:

HB283, Application Fee Limit & Refund

Title: to limit application fees charged to prospective residential tenants.
Property Owner Position: Against original bill, for amendment 2023-2041h
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status:

HB261, Lease Termination Domestic Violence Victims Or Newly Disabled

Title: authorizing residential tenants to terminate their lease in instances of domestic violence or following a disabling illness or accident.
Property Owner Position: Against
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: REREFERRED

HB379, Indigent Tenant Eviction Notice of NHLA

Title: (New Title) requiring notice be provided to tenants during residential eviction proceedings regarding legal counsel.
Property Owner Position: Against
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: REREFERRED|
==============================================|
Full Details on all bills above:
SB63, Tax Credit Qualified Private Community Property Owners
10/31/2023 at 10:00 a.m. Location: State House Time: 10:00 a.m.
Title:

Summary: Enabling municipalities to adopt a tax credit for qualified private community property owners.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=41

Email to Committee:
To: Daryl.Abbas@leg.state.nh.us; Keith.Murphy@leg.state.nh.us; Rebecca.PerkinsKwoka@leg.state.nh.us; James.Gray@leg.state.nh.us; Donna.Soucy@leg.state.nh.us; ;
Subject: SB63

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB63
Analysis Stated in Bill:

Talking Points:
We have not properly analyzed the bill because we focus more on the "major" bills and much less on the minor bills.

If you learn anything about this bill please email it to us. Thanks!
|=====================|
HB283, Application Fee Limit & Refund
1/25/2023 at 1:00 p.m. Location: Legislative Office Building Time: 1:00 p.m.
Title:

Summary: This bill would limit application fees to 35 dollars or the cost of conducting a background check of the prospective tenant, whichever is less. Any other fees charged by the landlord shall be refunded to the tenant or applied to the security deposit at tenant’s choice, but shall not exceed $250.00. This bill would amend RSA 540A, which means a violation could subject a landlord to daily damages charges.

Property Owner Position: Against original bill, for amendment 2023-2041h

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?id=5

Email to Committee:
To: Joe.Alexander@leg.state.nh.us; Louise.Andrus@leg.state.nh.us; Shelley.Devine@leg.state.nh.us; Charlotte.DiLorenzo@leg.state.nh.us; Jeffrey.Greeson@leg.state.nh.us; Timothy.Horrigan@leg.state.nh.us; Cam.Kenney@leg.state.nh.us; Katelyn.Kuttab@leg.state.nh.us; Judi.Lanza@leg.state.nh.us; rjlynn4@gmail.com; zoe.manos@leg.state.nh.us; Rebecca.McBeath@leg.state.nh.us; Mark.Paige@leg.state.nh.us; Kristine.Perez@leg.state.nh.us; msmithpen@aol.com ; Walt.Stapleton@leg.state.nh.us; dave@sanbornhall.net; richard.tripp@leg.state.nh.us; Eric.Turer@leg.state.nh.us; Scott.Wallace@leg.state.nh.us; ;
Subject: HB283

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB283
Analysis Stated in Bill:

Talking Points:
The $35 limitation is an arbitrary number. It does not reflect the actual costs that can be incurred in screening tenants. A landlord/company can easily spend an hour to several hours conducting a search to obtain current and prior landlord references, confirm employment, get and review tenancy reports and landlord references and rental history as well as researching falsified rental applications. Many landlords use a professional service and/or a management company to vet tenants in an attempt to have a straightforward, professional, and non-discriminatory process. Their costs would easily exceed the cap required under this bill. All of this can take quite a bit of time and money to follow through to completion.

All of that time is an hourly cost, even if spent by an assistant, plus the costs of a credit report & landlord tenant report, can very easily far exceed $35 dollars.

Applicants already agree to non-refundable fee before applying:
This bill does not understand that prospects agree up front to an application fee, and that the purpose of an application fee is to cover the costs of getting the reports and processing the application and is nonrefundable. People freely enter into these application fee agreements and understand that they are not refundable.

Only a portion of applications get denied, usually because the tenant was dishonest on the application.

The bill also does not deal with inflation. There is no cost of living adjustment included so as costs invariably go up, landlords go further behind.

The term background check is ambiguous. Is it the time spent checking references, researching falsified application and finding the true landlord, getting the landlord tenant report, getting references from landlords or is it a formal credit report only?

Penalties are unreasonable in light of the potential harm to the applicant:
Compared to the cost of the application, the penalties under RSA 540A are extremely excessive, which can be in the amount of $1,000 and a judge can award up to three times that amount on a finding of a willful or knowing violation, plus an award of attorney fees and court costs.

Extensive background check is called for before relinquishing control of an asset worth 100s of thousands:
An extensive background check is called for at applicants expense just like applying for a loan.

Mandates returning additional processing fees to people who falsify applications:
Many applicants falsify their rental application particularly with false landlord references which takes time for the person processing the application to verify. Also, tenants frequently say they have no eviction history when in fact they do. If a company spells out their criteria and a candidate, after a thorough processing, does not meet the criteria, they should not be entitled to a refund of that expense, nor should it be credited to a deposit. It is a cost, voluntarily entered into by a prospective tenant and should be retained by the landlord or property management company. The bill is essentially saying, the applicants that lie should have their additional processing fees returned after wasting hours of the landlord’s time and effort.

Applicants can already review their situation with landlords before applying:
If a prospective tenant doesn’t want to loose application costs then they can carefully review their situation with the landlord before they even apply, including showing the landlord their credit report before applying.

Those people can also help themselves by asking, when they are about to apply, what are the landlord's requirements to have the application approved. If they do not meet those requirements, they should simply not apply and not pay the application fee.

Are that many landlords charging high application fees to warrant this bill? What actual studies or surveys are going to be presented to the legislature to show that a bill is even needed?
The extent of the number of people who have applied for and paid multiple application fees in order to obtain an apartment is not known. This bill maybe for a few people, who most likely have bad credit or bad landlord history. A bill should not be passed to help those few people.
Tenant with failing applications need to fix what's causing the denials.

Again the issue is a housing shortage in New Hampshire and other areas of our country.

Please vote Inexpedient To Legislate.
|=====================|
HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
4/11/2023 at 10:00 a.m. Location: State House Time: 10:00 a.m.
Title:

Summary: This bill would give tenants who are victims of domestic abuse or stalking or a tenant who's household member is such a victim, and tenants who suffers a disabling illness or accident the ability to terminate a lease within 30 days of notice to the landlord and not be subject to any charges or penalties for such termination. The tenant terminating the lease would have to provide written notice to the landlord and documentation showing the abuse, sexual assault or stalking which would include an order from a Court based upon a petition for protection from abuse, a police report reflecting that the tenant or a household member, who can be a child was such a victim, both have to be dated no more than 60 days before the notice of termination.

The tenant who suffers a disabling illness or accident must provide the landlord with written notice which describes the reason for termination of the rental agreement and be accompanied by written documentation indicating how, as a result of disability, the rental property is no longer enjoyable or suitable for the tenant.

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=40

Email to Committee:
To: Donna.Soucy@leg.state.nh.us; Shannon.Chandley@leg.state.nh.us; William.Gannon@leg.state.nh.us; Denise.Ricciardi@leg.state.nh.us; Daniel.Innis@leg.state.nh.us; ;
Subject: HB261

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB261
Analysis Stated in Bill:

Talking Points:
See https://drive.google.com/open?id=1SC_z-YRxsxMiMg3zcL2ABZ0-MZ0byvRz&authuser=nicknorman003%40gmail.com&usp=drive_fs
|=====================|
HB379, Indigent Tenant Eviction Notice of NHLA
4/27/2023 at 1:30 p.m. Location: State House Time: 1:30 p.m.
Title:

Summary: Summary on Amendment 2023-0252h: It replaces the entire text of the bill with only the following:
The eviction notice shall clearly state that an indigent tenant may be eligible for assistance from New Hampshire Legal Assistance for legal counsel in the eviction proceeding and shall include instructions on the process for contacting and obtaining such assistance. This paragraph does not guarantee a right to legal assistance.

Summary on original bill as introduced:
The bill would require the Courts to appoint an attorney to indigent tenants, people who's income is equal to or less than 200% of the federal poverty guidelines, upon the tenant requesting such an attorney. The bill would require that the eviction notice shall clearly state that an indigent tenant may be provided with court-appointed counsel for the eviction proceeding and include instructions on the process for obtaining such counsel.
The bill would establish a fund for the payment of attorneys for indigent tenants, but only funds it with $1.00.
The eviction notice shall clearly state that an indigent tenant may be eligible for assistance from New Hampshire Legal Assistance for legal counsel in the eviction proceeding and shall include instructions on the process for contacting and obtaining such assistance. This paragraph does not guarantee a right to legal assistance.

Property Owner Position: Against

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=33

Email to Committee:
To: Daryl.Abbas@leg.state.nh.us; Shannon.Chandley@leg.state.nh.us; William.Gannon@leg.state.nh.us; Becky.Whitley@leg.state.nh.us; Sharon.Carson@leg.state.nh.us; ;
Subject: HB379

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB379
Analysis Stated in Bill:

Talking Points:
Most tenants already know they can consult with NH Legal Assistance, especially after the recent eviction changes during the pandemic.

Statute should not refer to a non-governmental organization by name. NHLA is a nonprofit law firm. The state should not be in the business of advertising for them.

The amendment does not give the indigent tenant any additional rights than the tenant currently has. However, there is a concern that this could be interpreted as a tenant’s right to know about legal service and there may be more cases of the tenant claiming the eviction notice is defective.

Landlords cannot be expected to know the process for contacting and obtaining assistance from NHLA. That's not the landlord's job.

For those reasons, we want the court to develop the form including providing the correct info with a link to the info on line. If the contact info changes the court can be responsible to keep the link up to date.

We need to make clear that if the contact info for the tenant services changes or other tenant services become available then the eviction notice is not made defective and the eviction continues.

Analysis on original bill as introduced:
Summary:
The bill would require the Courts to appoint an attorney to indigent tenants, people who's income is equal to or less than 200% of the federal poverty guidelines, upon the tenant requesting such an attorney. The bill would require that the eviction notice shall clearly state that an indigent tenant may be provided with court-appointed counsel for the eviction proceeding and include instructions on the process for obtaining such counsel.
The bill would establish a fund for the payment of attorneys for indigent tenants, but only funds it with $1.00.

Analysis:
This is redundant to Legal Aid services.
The overwhelming majority of evictions are for non-payment of rent. Most of these cases are because the tenant has not paid rent, and cannot become current before the hearing on the merits. As a result, the bill will have limited effect in protecting the tenants, other than potentially delaying an eviction if an appointed attorney is not available.

Like Small Claims actions, landlord tenant matters are not generally in need of legal services. Ample notice of tenant rights is provided, all they need to do is show up in court and challenge any landlord errors. The Circuit Court Judges are very cautious of tenant rights. The Judges explain the law and the tenant’s rights to the tenant. They also make sure the landlord proves their case, as the landlord has the burden of proof in any eviction. Judges are also highly trained in confirming if the landlord made any errors in their forms.

This bill does not have any real funding for the appointment of counsel. This would include the additional burden on the clerks of court, payment to the attorneys and the administration of the payments. Future funding will undoubtedly be made by a surcharge on landlord tenant entry fees for which the tenant would end up being responsible.



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