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1. General Updates
In between publishing the weekly Legislative Update, we will occasionally put interim updates here: Interim Update
We may move the function of Interim Update to “1 Minute Advocate”.

Logistics For Testifying
If action map says to contact committee:
See Legislative Committee Communication & Testifying In Person Procedure, Physical & Email addresses

If action map says to contact your Representative and full House or your Senator and Full Senate:
See Legislative Full Senate and Full House Communication Procedure
See Find Your Legislators

See Standard Email/Letter Format

2. Major Bills:

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

3. Federal Update

None so far.

4. Minor bill updates are included in bill status section further below.
See Bill Status summary below.

5. Media.
Bradley amendment seeks to give property owners faster action to get rid of squatters

For second time this session, House passes bill to ease lease terminations

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.

HB1068, Blood Lead Test Before Entering School

Title: relative to establishing a blood lead level testing requirement for children entering day care and public schools.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status:

HB1362, Local Rent Control

Title: relative to authorizing municipalities to stabilize rent increases in rental housing.
Property Owner Position: Against
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status:

HB1368, Anti-algorithm Rent Pricing

Title: prohibiting termination of a tenancy based on a tenant's failure to pay rent that was increased by certain price fixing programs.
Property Owner Position: Against
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status:

HB1635, Short Term Rental Rooms & Meal Tax

Title: relative to the definition of short-term rental.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status:

HB283, Application Fee Limit & Refund

Title: (New Title) relative to rental application fees charged to prospective tenants.
Property Owner Position: Against original bill, for amendment 2023-2041h
General Status: PASSED
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none

HB261, Lease Termination Domestic Violence Victims

Title: (New Title) relative to rights of tenants in cases of domestic violence.
Property Owner Position: Against original bill, For Amendment 2024-0574s
General Status: SIGNED BY GOVERNOR
House Status: CONCURRED
Senate Status: PASSED/ADOPTED WITH AMENDMENT

HB379, Indigent Tenant Eviction Notice of NHLA

Title:
Property Owner Position: Against
General Status:
House Status: none
Senate Status: none

SB392, Lead Hazard Remediation Fund

Title: relative to lead paint hazard remediation.
Property Owner Position: For
General Status: SENATE
House Status:
Senate Status: LAID ON TABLE

SB519, Restrictions On Renovation Evictions

Title: relative to evictions based on the owner's intent to renovate the property.
Property Owner Position: Against
General Status: SENATE
House Status:
Senate Status: LAID ON TABLE

SB518, Section 8 Incentives

Title: relative to incentivizing landlords to accept housing choice vouchers.
Property Owner Position: For
General Status: SENATE
House Status:
Senate Status: INTERIM STUDY

HB1053, Allow Residential In Commercial Zones.

Title: relative to permissible residential units in a commercial zone.
Property Owner Position: For
General Status: HOUSE
House Status: LAID ON TABLE
Senate Status:

HB1115, Lease Expiration As Ground For Eviction

Title: relative to the termination of tenancy at the expiration of the tenancy or lease term.
Property Owner Position: For
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: INTERIM STUDY

HB1168, Study Impact Of The Housing Crisis On People With Disabilities.

Title: establishing a committee to study the impact of the housing crisis on people with disabilities.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: PASSED/ADOPTED WITH AMENDMENT

SB399, Insurance Coverage Blood Lead Testing

Title: relative to insurance coverage for blood testing associated with elevated lead levels.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED:
Senate Status: PASSED/ADOPTED WITH AMENDMENT

HB1065, Limiting Sprinkler Requirements

Title: relative to fire sprinkler requirements in residential buildings.
Property Owner Position: For
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED:

HB1320, Flood Disclosure

Title: relative to real property and flood risk disclosure.
Property Owner Position: Against
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: CONSENT CALENDAR REPORT FILED
|==============================================|
Full Details on all bills above:
HB1068, Blood Lead Test Before Entering School
1/10/2024 at 9:45 a.m. Location: Legislative Office Building Time: 9:45 a.m.
Title:

Summary:

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H09

Email to Committee:
To: Gerri.Cannon@leg.state.nh.us; Leah.Cushman@leg.state.nh.us; Mary.Freitas@leg.state.nh.us; king4nh@gmail.com; Seth.King@leg.state.nh.us; staterep@jimkofalt.com; Erica.Layon@leg.state.nh.us; elephantsmarching@msn.com; james.mackay@mygait.com; Lisa.Mazur@leg.state.nh.us; mark.mclean@leg.state.nh.us; merchant4nhhouse@gmail.com; James.Murphy@leg.state.nh.us; David.NagelMD@gmail.com; Fran.NutterUpham@leg.state.nh.us; William.Palmer@leg.state.nh.us; Yury.Polozov@leg.state.nh.us; Joe.Schapiro@leg.state.nh.us; Trinidad.Tellez@leg.state.nh.us; lwmcv@comcast.net; ; ;
Subject: HB1068

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1068
Analysis Stated in Bill:

Talking Points:

|=====================|
HB1362, Local Rent Control
1/30/2024 at 2:30 p.m. Location: Legislative Office Building Time: 2:30 p.m.
Title:

Summary: This bill creates legislation that would enable local municipalities to restrict residential landlords of a covered property, generally restricted property as defined in RSA 540, the eviction statute, from raising rents above an allowable percentage over a 12 -month period.
Rent increases must be at least 5 per cent plus the percentage increase in the Consumer Price Index for the New England Region over the preceding 12 months, as published by the federal Bureau of Labor Statistics.
Municipalities must establish boards to make this determination once a year on a set date each year. Landlords who can demonstrate that specified operating costs exceed the allowable rent increase can petition the local board for a larger increase. Appeals from such a petition would go to the city council and not the courts. The board would also have the authority to have Landlords give tenants up to a 120-day notice of rent increases.
Ordinances under this bill shall expire 5 years from the date the effective date of the ordinance. But then the bill says the 3-year period shall not run while the municipality is enjoined from enforcement. However, the enabling legislation itself does not sunset.

Property Owner Position: Against

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

Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1362

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1362
Analysis Stated in Bill:

Talking Points:
Concerns:
Rent control in New Hampshire is not the right solution to high rents. We must create more housing.

~Rent Control Doesn’t Work.
~Creates A Pressure To Build Less Housing And Worsen The Housing Shortage.
~Creates Increased Admin Costs On Towns Which Will Put Pressure To Raise Rents.
~”Similar Ordinances” Is Ambiguous
~Appeals Process Is Unclear
~No Sunset, Unclear Time Frames
~Federal Reserve Paused Rate Hikes The Percentage Of Inflation Is Down
~See Previous Notes And Studies On Rent Control. It Doesn’t Work.

Analysis:
~Rent Control Doesn’t Work.
For instance, 3/23/22 St Paul, Minneapolis, enacted a rent control and new construction was down 80% after rent control passed despite original forecast that it would be up in 2022.

This is a rent control bill. Rent control doesn’t work. The bill should be immediately killed. Rent control has no place in the market place. It is especially an anathema to the Granite State's history of a "live Free or Die" approach to legislation.
Rent control does not solve a housing shortage. In the long run it only makes it worse as developers do not want to build new rental housing when there is rent control.
Rent control has been proven over and over, time and time again to not work. Go study economists reports and find out for yourself.
Rent control leads to less rental housing, less production of rental housing, deterioration of rental housing, gentrification and a general worsening of the situation it attempts to solve,
Recouping the expense of more than rudimentary repairs and improvements requires too much paperwork, documentation, and time to make such improvements worthy of the investment.

It can not work to only control the income of the business and not control the expenses of a business. If the government wants to control the income then it must also control the costs of every other expense.

The answer to high rents is more housing stock. The legislature is already considering many means of doing so by way of incentives to developers and the reduction of locally imposed roadblocks to construction. We need to support those bills.

The last we counted, 37 States in the USA have preemptions against rent control.

If you want to solve the housing shortage and you are not looking to create new housing then you are looking in the wrong place.

~Creates A Pressure To Build Less Housing And Worsen The Housing Shortage.
The only way to solve a housing shortage is to build more housing, and not create reasons not to build and invest in New Hampshire.
We are in a housing shortage. It can only worsen the situation by creating a pressure to build less housing.

~Creates Increased Admin Costs On Towns Which Will Put Pressure To Raise Rents.
Each municipality that enacts such an ordinance will have to form a board, with staff, write rules and regulations, and pay the costs of such. These costs will have to be paid by taxpayers, further raising property taxes and apply pressure to raise rents.

~”Similar Ordinances” Is Ambiguous
In section I(d) of the bill, the definition of net operating income methodology is "as that term is used in other jurisdictions with similar ordinances." This is an ambiguous standard and does not give sufficient guidance to any board or to landlords affected by this bill.

~Appeals Process Is Unclear
The bill does not have a clear appeals process beyond petitioning city council, board of alderman, mayor or board of selectmen. Do appeals after that go to Supreme Court or the Superior Court? Nothing is specified in this regard. Nor does the bill address the time frames of when appeals should be filed and decided.

~No Sunset, Unclear Time Frames
A bill like this should sunset, and that is not specified in the bill. Also, the bill has two different time frames in the last paragraph that are not consistent. This paragraph is also ambiguous - once an ordinance expires can it be reenacted under this bill. It's not clear.

~Federal Reserve Paused Rate Hikes The Percentage Of Inflation Is Down
The Federal Reserve has paused rate hikes as the percentage of inflation is down. Until there are new surveys seeing how the reduction in inflation is affecting rent increases, a bill like this should not be enacted. This could ease pressure on rising rents.
However, the real concern is that there is not enough housing supply. We must create more housing.

~See previous notes and studies on rent control. It doesn’t work.
Attempts to manipulate the marketplace for any one group will exacerbate the problem it seeks to fix, in this case, a shortage of affordable housing. Crimping the supply pipeline will increase the shortage of housing. The State should be working on incentives to increase unit production, not establishing disincentives.

Such controls are a failed concept rejected by city after city. Even Massachusetts has turned back rent control laws and has a preemption for city and county rights to enact rent control policies of their own.
In March of 2022, it is reported that in St Paul, Minneapolis, which imposed their version of rent control, new construction was down 80% after rent control passed despite original forecast that it would be up in 2022.

In addition to control the annual increase in rents by cities and towns, this is a bill designed to allow increase in the notice period landlords must give tenants of rent increases.

We cannot predict what will happen in the future with costs associated with rental property ownership. Taxes, insurance, utilities, labor and materials have all increased. Without the ability to offset these increased costs with revenue increases, many property owners will find themselves in default of loans and/or unable to make needed repairs and improvements. Any municipality that adopts a strict policy regarding rent increase amounts will find that investors and developers will avoid these towns due to the uncertainty of future costs and the uncertainty of being able to offset costs with rent revenue. NH needs more housing to solve the housing issue and bills like this will worsen the issue.

This bill will be a disincentive for developers to build more private rental housing, as it adds both limits on the ability to pass cost increases on to the consumers, and adds more administrative labor for the landlord in both keeping track of each municipalities rules and regulations, applying for rent increases or appealing the amount allowed under this statute.

As there is currently no cap for annual increases in property tax, water & sewer rates, overhead costs, etc, it is unfair to institute a cap on rent increases as rent incorporates all of these items.

General concern about Rent Control:
Economists overwhelmingly agree that price control on rent are inefficient, counterproductive and
lead to serious negative impacts for housing markets.

While rent control appears to help current tenants in the short run, in the long run it decreases affordability, fuels gentrification, and creates negative spillovers on the surrounding neighborhood.

When rent control is put in place Landlords are converting properties out of rent control and reducing the supply of affordable housing, those moving into the area are forced to pay higher rents.

Rent control fuels gentrification.

House stock deteriorates from deferred maintenance. As the assessed value of rent controlled properties decline so does the property tax taxes they generate.

The last we counted, 37 States in the USA have preemptions against rent control.

Rent control also discourages the development of new rental housing which is crucial to restoring the
balance between supply and demand in local housing markets.

The Stanford San Francisco Rent Control Study noted:
“rent control limits renters’ mobility by 20%”
Caused market to “reduce rental housing supplies by 15%”
“the lost rental housing supply likely drove up market rents in the long run, ultimately
undermining the goals of the law.”
https://www.dropbox.com/s/c4qf7grzgrx1lu0/Stanford%20San%20Francisco%20Rent%20Control%20Study.pdf?dl=0

The Brookings report determined that:
Rent control “imposed $2.0 billion in costs to local property owners, but only $300 million of that cost was transferred to renters in rent-controlled apartments.”
“If society desires to provide social insurance against rent increases, it may be less distortionary to offer this subsidy in the form of a government subsidy or tax credit.”
https://www.dropbox.com/s/8qj8285bhfn8psd/Brookings%20Rent%20Control%20Literature%20Review.pdf?dl=0

The document “NAA Rent Control Literature Review.pdf” summarizes 17 different studies all showing strong issues with rent control and that it is a failed policy.
https://www.dropbox.com/s/6ntpgo9zaqvxw4p/NAA%20Rent%20Control%20Literature%20Review.pdf?dl=0

The “Rent Control General Talking Points.pdf” document lists bullet points as well as references to 15 studies on rent control.
https://www.dropbox.com/s/6ntpgo9zaqvxw4p/NAA%20Rent%20Control%20Literature%20Review.pdf?dl=0
|=====================|
HB1368, Anti-algorithm Rent Pricing
2/14/2024 at 10:30 p.m. Location: Legislative Office Building Time: 10:30 p.m.
Title:

Summary: The bill restricts the use of revenue management software in determining rent in multi-family property. This bill is intended to prevent landlords from using computer programs to work together to raise rents on existing tenants with the intent to fix prices or competitive terms; or that adversely impacts prices or competitive terms. The landlords would be prohibited for such actions. Enforcement would be by preventing landlords from evicting tenants who do not pay the rent as increased. The bill first says that upon a showing that rent was increased by using an algorithmic pricing tool or software provided by a property management company there shall exist a prima facie presumption that the action against the tenant is unlawful and shall be dismissed for vertical price fixing. Although this reads as if the tenant must make that allegation, the bill then says the presumption of vertical price fixing can be rebutted by the lessor disclosing his or her property management software records and algorithmic pricing tool records whichever or both were in place when the rent was increased and showing an alternate basis for the disputed rent increase. The landlord shall also produce the source code with these disclosures. Otherwise, the eviction is dimissed,

Property Owner Position: Against

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: HB1368

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1368
Analysis Stated in Bill:

Talking Points:
Several thoughts in no particular order:
Revenue management software assists property owners in determining fair market rent, setting rental prices and renewal rates. The software analyzes historical data, competitor data and current vacancy rates in real time and helps determine what is fair. The system can recommend rent increases and decreases. The software works the same way as a traditional market analysis does when done manually. Rent increases still require a 30 day notice and allow property managers to make independent decisions to accept the result or intervene and set an alternative rental rate. It is unclear what this bill solves, as managers can analyze data and still make an independent decision. Software providers would need to agree to provide source code which may be proprietary. Property owners using this software do not have access to source code. Few property owners in NH use this type of software.

There is not an industry today that does not use computer maintained data bases in their various business decisions. We live and breath in "The Market Place". If we price too low, we do not maximize our profits, every company's objective, and we fall behind on our expense ratios. If we price too high, we lose customers. How are we to know without using all the tools available to us. Collusion among competitors is a nasty business and an anathema to free markets, but a clearing house of information is not that. It is simply a resource and a tool, not just for housing providers, but for every business. Would using the NHHFA annual survey be considered vertical price fixing?

1.	Is this a problem in the State of New Hampshire? How many landlords have access to such computer software that communicates with other computers?

2.	Prices are still mostly market driven. There are hundreds of landlords in the state, with many owning 4 to 20 apartments.

3.	Given the wording of the bill, it opens the door to a new defense in every eviction for non-payment of rent after the initial term of the lease. It will increase costs for all landlords which will eventually be paid by the tenants.

4.	If the legislature makes it harder to evict then landlords will be even more careful on who they accept as tenants, making it harder for those with lower credit scores, past evictions or bad references to find housing.

5.

This bill will put more pressure on rents whenever an apartment is vacated. Since the bill does not apply to new tenants, the best time to push up rents would be when renting a vacant unit. This would make it more difficult for people who are struggling with rent to locate another apartment. |=====================| HB1635, Short Term Rental Rooms & Meal Tax 1/25/2024 at 2:45 p.m. Location: Legislative Office Building Time: 2:45 p.m. Title:

Summary: Changes the definition of length of time for short term rental.
If you run an AirBnB type business this may effect you.

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: HB1635

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1635
Analysis Stated in Bill:

Talking Points:
HB1635 adds to definition of short term rental
in a building that is otherwise used as a residence.

Perhaps someone thought
“single-family house or dwelling unit or any unit or group of units in a condominium, cooperative, or timeshare, or owner occupied residential home” didn’t capture all the residential uses.

Change in 78-A:3
means Rooms and meals is now based on 30 days instead of 185 days.

You can compare HB1635 with existing law below.
…
HB1635
V. "Short-term rental" means any individually or collectively owned single-family house or
dwelling unit or any unit or group of units in a condominium, cooperative, or timeshare, or owner
occupied residential home, that is offered for a fee and for less than 30 consecutive days in a building
that is otherwise used as a residence. The term "vacation rental" shall have the same meaning as
"short-term rental." For purposes of this chapter, a short-term rental is a residential use of the
property and does not include a unit that is used for any nonresidential use, including retail,
restaurant, banquet space, event center, or another similar use

Existing law 48-A:1
"Vacation rental" or "short-term rental" means any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative, or timeshare, or owner occupied residential home, that is offered for a fee and for less than 30 consecutive days. For purposes of this chapter, vacation rental and short-term rental are residential uses of the property and do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center, or another similar use.
…
HB1635
"Short-term rental" means any individually or collectively owned single-family house
or dwelling unit or any unit or group of units in a condominium, cooperative, or timeshare, or owner
occupied residential home, that is offered for a fee and for less than 30 consecutive days in a building
that is otherwise used as a residence

Existing law 78-A:3 XXIII.
"Short-term rental" means the rental of one or more rooms in a residential unit for occupancy for tourist or transient use for less than 185 consecutive days.

…
HB1635
(b) Rooms in hotels, motels, inns, tourist homes, and other dwellings rented as shortterm rentals as defined in RSA 78-A:3, XXIII for recreational or vacationing use.

Existing Law 540-V:1 II
(b) Rooms in hotels, motels, inns, tourist homes, and other dwellings rented for recreational or vacationing use.
…

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
4/2/2024 at 10:30 a.m. Location: State House Time: 10:30 a.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:

Email to Committee:
To:
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:
Please see Update Summary section of Legislative Update and/or "1 Minute Advocate" for the latest on this bill.
|=====================|
HB261, Lease Termination Domestic Violence Victims
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 original bill, For Amendment 2024-0574s

Link to Committee Info:

Email to Committee:
To:
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:
Please see Update Summary section of Legislative Update and/or "1 Minute Advocate" for the latest on this bill.
|=====================|
HB379, Indigent Tenant Eviction Notice of NHLA

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:

Email to Committee:
To:
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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SB392, Lead Hazard Remediation Fund
1/9/2024 at 1:10 p.m. Location: State House Time: 1:10 p.m.
Title:

Summary:

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=32

Email to Committee:
To: Regina.Birdsell@leg.state.nh.us; Cindy.Rosenwald@leg.state.nh.us; Jeb.Bradley@leg.state.nh.us; Lou.Dallesandro@leg.state.nh.us; James.Gray@leg.state.nh.us; Daniel.Innis@leg.state.nh.us; Howard.Pearl@leg.state.nh.us;
Subject: SB392

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB392
Analysis Stated in Bill:

Talking Points:

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SB519, Restrictions On Renovation Evictions
1/16/2024 at 9:15 a.m. Location: State House Time: 9:15 a.m.
Title:

Summary: This bill restricts evictions based on renovation. The bill says:
I. ‘An eviction notice, in restricted property, based on the owner's intention to repair, renovate, or rehabilitate a dwelling unit in restricted property shall be required to:’
(a) Provide the tenant with no less than 60 days notice to vacate the premise; and
(b) Describe with specificity the work that the owner intends to have done on the dwelling unit, and the approximate time frame during which the work will be performed.

II. TO PREVAIL AT THE HEARING ON THE MERITS of the possessory action, the owner shall establish that:
(a) The work cannot be safely performed while the unit is occupied;
(b) The work on the unit is expected to take more than 30 days; and
(c) The tenant has been offered a dwelling unit with the same number of bedrooms as are in the unit from which he or she is being evicted, at a rent that does not exceed the tenant's current rent. This provision shall not apply if no such unit is available.

In addition: in cases based on the landlord's intention to repair, renovate, or rehabilitate the premises, or the landlord's intention to remove the dwelling from the residential rental market, the court shall have the authority to grant a discretionary stay of up to 6 months.

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: SB519

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB519
Analysis Stated in Bill:

Talking Points:
Please see Update Summary section of Legislative Update and/or "1 Minute Advocate" for the latest on this bill.
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SB518, Section 8 Incentives
1/16/2024 at 9:30 a.m. Location: State House Time: 9:30 a.m.
Title:

Summary: This bill would establish a program to encourage more landlords to lease housing units to voucher recipients, Section 8, and to assist voucher recipients with costs associated with securing a lease for a housing unit, including but not limited to security deposits.

The bill would establish a fund to give incentives to landlords to rent to Section 8 tenants. The fund would be run by the authority, a term that is not defined in the bill, but presumably the NH Housing Finance Authority, although RSA 205-C, which authorizes the NH Housing Finance Authority is referenced in the bill.

For a landlord to be eligible to receive a grant, the housing unit to be leased to a voucher recipient, Section 8 tenant, must not have been leased to any voucher recipient within the preceding three years, unless the property has changed ownership during that time and the current owner does not have any financial connection to the prior owner. The authority may further limit landlord eligibility to those landlords who have not previously rented a housing unit to a voucher recipient.

The bill also authorizes the authority to use funds to provide training and support to voucher recipients. There is no further definition of what the training and support would be. The authority would have the power and obligation to adopt rules for this program.

One million dollars would be appropriated in the 2023 fiscal year to fund the program, with the authority limited to spend 10% of the fund for program administration, which may include reimbursements to public housing authorities for their administrative costs.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=32

Email to Committee:
To: Regina.Birdsell@leg.state.nh.us; Cindy.Rosenwald@leg.state.nh.us; Jeb.Bradley@leg.state.nh.us; Lou.Dallesandro@leg.state.nh.us; James.Gray@leg.state.nh.us; Daniel.Innis@leg.state.nh.us; Howard.Pearl@leg.state.nh.us;
Subject: SB518

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB518
Analysis Stated in Bill:

Talking Points:
Please see Update Summary section of Legislative Update and/or "1 Minute Advocate" for the latest on this bill.
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HB1053, Allow Residential In Commercial Zones.
2/21/2024 at 2:30 p.m. Location: Legislative Office Building Time: 2:30 p.m.
Title:

Summary:

Property Owner Position: For

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

Email to Committee:
To: HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1053

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1053
Analysis Stated in Bill:

Talking Points:

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HB1115, Lease Expiration As Ground For Eviction
4/9/2024 at 10:40 a.m. Location: State House Time: 10:40 a.m.
Title:

Summary: This bill would make the termination of a lease 6 months or longer, or the termination of a lease that extended the time of the tenancy of 6 months or more as grounds for eviction.

Property Owner Position: For

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: HB1115

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1115
Analysis Stated in Bill:

Talking Points:
Please see Update Summary section of Legislative Update and/or "1 Minute Advocate" for the latest on this bill.
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HB1168, Study Impact Of The Housing Crisis On People With Disabilities.
4/18/2024 at 1:00 p.m. Location: Legislative Office Building Time: 1:00 p.m.
Title:

Summary: This bill establishes a committee to study the impact of the housing crisis on people with disabilities.

Property Owner Position: You Decide

Link to Committee Info:

Email to Committee:
To:
Subject: HB1168

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1168
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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SB399, Insurance Coverage Blood Lead Testing
4/23/2024 at 1:45 p.m. Location: Legislative Office Building Time: 1:45 p.m.
Title:

Summary:

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: SB399

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB399
Analysis Stated in Bill:

Talking Points:

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HB1065, Limiting Sprinkler Requirements
5/1/2024 at 9:15 a.m. Location: State House Time: 9:15 a.m.
Title:

Summary: This bill would prevent the requirement of sprinklers or other fire suppression systems in existing buildings with 4 or less residential dwelling units if the building is in compliance with the state fire codes, including, but not limited to, barriers and means of ingress and egress. Currently this restriction is for buildings of two units or less.

Property Owner Position: For

Link to Committee Info:

Email to Committee:
To:
Subject: HB1065

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1065
Analysis Stated in Bill:

Talking Points:
1. The cost of adding sprinklers to existing buildings is high, in addition to annual maintenance and back flow prevention inspections by a licensed professional. If a landlord has to install such systems, rents have to be increased substantially, which would take the building out of the work force rental market.
2. The building would also have to be vacated while the work is being preformed, reducing the housing stock during the renovations.
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HB1320, Flood Disclosure
5/7/2024 at 9:40 a.m. Location: State House Time: 9:40 a.m.
Title:

Summary: This bill would amend RSA 477:4 and require restricted residential housing providers to disclose, in writing, if the unit is in a flood zone, has been or is subject to flood at the time of application and prior to signing a lease or renewal. Housing providers will have to disclose with requirements specified in the bill, including if the property and parking lot is in a FEMA floodplain, special 100 year floodplain or 500 year moderate risk flood hazard area, if the property while owned by the current housing provider has been flooded and when.

A specific language notice to tenants of the availability of flood insurance, and that renter's insurance does not normally cover flood damage.

If the housing provider fails to comply with this section, and the property is in a moderate risk or higher risk area, the tenant gets an automatic right to terminate the lease with a 30 day notice.

If the housing provider fails to comply with this section and there is one spec of damage to the tenant's property, the habitability of the property or limits access to the property, then tenant gets an automatic right to immediately terminate the lease. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling.

There is a similar section of the bill that imposes similar disclosure liability on sellers of real estate. Before a buyer becomes obligated under any contract for the purchase of the property, the buyer is to be given a rider with the disclosures. Unlike housing providers, this bill does not appear to have any provisions if the seller fails to provide the disclosures.

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: HB1320

Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB1320
Analysis Stated in Bill:

Talking Points:
Please see Update Summary section of Legislative Update and/or "1 Minute Advocate" for the latest on this bill.
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Attachments:
None
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