To increase our and your advocacy effectiveness, be sure to complete the landlord survey. All responses kept confidential. No individual response info will be shared. Complete survey here
Constituent Advocacy
Remember advocate now on HB117, Lease Expiration As Ground For Eviction.
If you reside in or own property in the following towns then please click the link to advocate on HB117 because you’re a constituent of the Senate Commerce committee and your voice carries much more weight.
Brentwood, Chester, Danville, East Kingston, Epping, Fremont, Kensington, Kingston, Newton, Sandown, Seabrook, South Hampton
I reside in one of these towns. Resident constituent email.
I own property in one of these towns. Owner constituent email.
Bedford, Fitzwilliam, Greenfield, Hinsdale, Jaffrey, Lyndeborough, Mont Vernon, New Boston, Richmond, Sharon, Temple, Troy.Winchester
I reside in one of these towns. Resident constituent email.
I own property in one of these towns. Owner constituent email.
Alexandria, Andover, Boscawen, Bradford, Bridgewater, Bristol, Danbury, Franklin, Goshen, Grafton, Hebron, Henniker, Hill, Hillsborough, Newbury, Orange, Salisbury, Sutton, Tilton, Warner, Webster, Wilmot
I reside in one of these towns. Resident constituent email.
I own property in one of these towns. Owner constituent email.
Manchester (Wards 5, 6, 7, 8 and 9), Litchfield
I reside in one of these towns. Resident constituent email.
I own property in one of these towns. Owner constituent email.
Amherst, Merrimack, Milford, Wilton
I reside in one of these towns. Resident constituent email.
I own property in one of these towns. Owner constituent email.
Be prepared, review bill analysis, Senate public hearings will be scheduled soon on:
HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
HB379, Indigent Tenant Eviction Notice of NHLA
We will attempt to get out an Interim Update. Check the Interim Update link below during the week.
Big thank you to those that donated. It really makes a positive difference.
If you feel we are providing benefit, a donation would greatly help. Donations have ranged from $15 to $500.
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
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 above.
(Remember: to jump right to bill detail, use Control-F, Find)
2023 House Deadlines
Thursday, April 6, 2023 CROSSOVER Last day to act on all bills
…….
on way to Senate
HB379, Indigent Tenant Eviction Notice of NHLA
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
New talking points.
HB379 Summary & Talking Points
HB379 As Amended By The House
…….
…….
Senate Commerce
HB117, Lease Expiration As Ground For Eviction
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: For
HB117 Summary & Talking Points
Communicate to Senate Commerce now.
Sample HB117 Email
There is a sample email here. Sample HB117 Email
The sample email has all of the talking points. Customize those to your liking.
HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
HB261 has greatly expanded talking points. Please review before contacting legislators.
HB261 Summary & Talking Points
…….
…….
Senate Transportation
HB111, Electrical Vehicle Charging Station Study Committee
There was no presentation that there is any thoughts towards forcing landlords to provide EV charging. Also there was reference to services that would put in EV chargers at no cost to landlords. These could become a small profit center for landlords. So we are changing our position to Undecided on this bill with not action recommended.
Level of Response: Email legislators, Call Legislators
Property Owner Position: Against
HB111 Summary & Talking Points
…….
…….
full Senate
SB145, Housing Championship Program
Level of Response: Email legislators, Call Legislators
Property Owner Position: For
SB145 Summary & Talking Points
…….
…….
House Judiciary
HB283, Application Fee Limit & Refund
Level of Response: Attend hearings, Email legislators, Call Legislators
Property Owner Position: Against
HB283 Summary & Talking Points
…….
3. Federal Update
I just completed an annual advocacy trip to Washington, DC meeting with all 4 of our Congressional offices while attending a national convention of our national partners.
Perhaps more in later Federal updates but a few things really stick out.
1. Our national partners are maintaining a close dialog with HUD which is bearing some positive fruit. HUD is actually guest speaking at the housing providers national convention and making some positive changes in their procedures. These might be small but it is at least in the right direction.
2. The Bidden’s Tenant’s Bill of Rights is applying pressure to many federal agencies to put in place rule changes to increase tenant protections There could be an attempt through agency rule making to create a Federal rent control.
3. There is likely to be continued pressure to force acceptance of Section 8.
Control initiatives are sweeping across our country, limiting housing supply and harming both the large-scale and small-scale housing market broadly. Five national trade associations have established the Housing Solutions Coalition in an effort to address this failed housing policy.
The Mortgage Bankers Association (MBA), the National Apartment Association (NAA), the National Association of Home Builders (NAHB), the National Association of REALTORS® (NAR) and the National Multifamily Housing Council (NMHC) established this Coalition to coordinate with local affiliates/state associations.
The Coalition will provide tools and infrastructure and leverage resources to develop campaigns to push back and offer proven, effective alternative solutions on rent control policies and proposals where they arise. It will serve as a clearinghouse to organize efforts to oppose rent control initiatives, working together on policies and solutions that lead to the creation and preservation of more affordable housing for Americans.
We will keep you in touch with what is happening with the Housing Solutions Coalition and likely have action items for you to do in national advocacy.
4. Minor bill updates are included in bill status section further below.
None so far.
5. Media.
Property owner says rising costs for landlords part of reason for rent spike in NH
Durham landlord fined for allowing too many UNH students to rent property. Again.
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:
4/4/2023 at 9:15 a.m. Location: Legislative Office Building Time: 9:15 a.m.
HB237, Disabled Tax Discount Eligibility Date
Level of Response: You Decide
Property Owner Position: You Decide
4/4/2023 at 2:15 p.m. Location: State House Time: 2:15 p.m.
HB68, Real Property Transfer On Death Act
Level of Response: You Decide
Property Owner Position: You Decide
4/5/2023 at 9:00 a.m. Location: Legislative Office Building Time: 9:00 a.m.
HB342, Lead Testing Prior To Starting School
Level of Response: You Decide
Property Owner Position: You Decide
4/6/2023 at 10:10 a.m. Location: State House Time: 10:10 a.m.
HB564, Approve New Building Codes
Level of Response: You Decide
Property Owner Position: You Decide
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.
SB62, Hazardous Waste Exemption
Title: relative to landowner liability under RSA 147-B, the hazardous waste cleanup fund.
Property Owner Position: For
General Status: SENATE
House Status:
Senate Status: PASSED/ADOPTED
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: IN COMMITTEE
HB283, Application Fee Limit & Refund
Title: to limit application fees charged to prospective residential tenants.
Property Owner Position: Against
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status:
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: HOUSE
House Status: REPORT FILED: HB 379-FN, requiring that attorneys be appointed to represent indigent tenants during residential eviction proceedings and making an appropriation therefor. OUGHT TO PASS WITH AMENDMENT.
Rep. Katelyn Kuttab for Judiciary. This bill as originally introduced sought to establish a right to counsel paid for by the state for all eviction proceedings. The amendment changed the bill to require merely that in connection with evictions, tenants be informed that they may be eligible for legal assistance from New Hampshire Legal Assistance and informing them how to contact Legal Assistance. Vote 20-0.
Senate Status:
HB210, Insurance House Keeping
Title: relative to fire insurance contracts.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
SB145, Housing Championship Program
Title: relative to New Hampshire housing champion designation for municipalities and making appropriations therefor.
Property Owner Position: For
General Status: SENATE
House Status:
Senate Status: LAID ON TABLE
SB224, Affordable Housing Tax Breaks
Title: relative to housing opportunity zones and inclusionary zoning.
Property Owner Position: You Decide
General Status: SENATE
House Status:
Senate Status: REREFERRED
SB221, Property Tax Exemption For Day Care
Title: (New Title) establishing a study committee to examine day care access and affordability.
Property Owner Position: You Decide
General Status: SENATE
House Status:
Senate Status: PASSED/ADOPTED WITH AMENDMENT
HB117, 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: IN COMMITTEE
HB335, Lien Notification to HHS
Title: relative to notice of tax lien on real estate subject to a lien for old age assistance.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: REPORT FILED:
HB111, Electrical Vehicle Charging Station Study Committee
Title: establishing a committee to study electrical vehicle charging for residential renters.
Property Owner Position: Against
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
HB237, Disabled Tax Discount Eligibility Date
Title: relative to the date of asset evaluation for purposes of determining eligibility for certain property tax exemptions.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
HB68, Real Property Transfer On Death Act
Title: adopting the uniform real property transfer on death act.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB342, Lead Testing Prior To Starting School
Title: relative to lead testing in children.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB564, Approve New Building Codes
Title: (New Title) relative to ratification of amendments to the state building code and state fire code, and the membership of the state advisory board of fire control.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB107, 2023-0045 HB107 text Title:relative to employment restrictions for registered sex offenders. Sponsors: (Prime) Kevin Verville , Joe Alexander, Terry Roy
Title: relative to employment restrictions for registered sex offenders.
Property Owner Position:
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
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Full Details on all bills above:
SB62, Hazardous Waste Exemption
1/24/2023 at 9:45 a.m. Location: State House Time: 9:45 a.m.
Title:
Summary: This bill changes the wording of RSA 147-B, which gives landowners under state law, exemptions to being responsible for hazardous waste and materials clean up. It first makes the language of the bill gender neutral. It also extends the limitations of liability to former owners of the land as well as current owners. The bill also changes the words "hazardous substance" to "hazardous wastes or hazardous materials," as to the items subject to the exemption.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=41
Email to Committee:
To: Kevin.Avard@leg.state.nh.us; Debra.Altschiller@leg.state.nh.us; Regina.Birdsell@leg.state.nh.us; Howard.Pearl@leg.state.nh.us; David.Watters@leg.state.nh.us; ;
Subject: SB62
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB62
Analysis Stated in Bill:
Talking Points:
The current statute gives an exemption basically to a landowner who had nothing to do with the creation of the hazardous substance and did nothing to prevent clean up, and exemption from liability. The bill would slightly broaden the exemption to hazardous wastes and materials. It would clearly extend the exemption to former owners, who also did not create or know about the pollution. This is appropriate as it exempt innocent people from liability, who could be bankrupted by the costs of the cleanup.
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HB261, Lease Termination Domestic Violence Victims Or Newly Disabled
1/25/2023 at 11:15 a.m. Location: Legislative Office Building Time: 11:15 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:
Victims of domestic abuse or stalking:
Would not be subject to any charges or penalties if notice was mutually agreed upon but not longer than 30 days.
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 a copy of a valid order of protection issued or extended following a hearing, 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.
There is no requirement showing that the tenant has to move, nor that criminal charges have actually been filed against the perpetrator.
Is victim of domestic violence & stalking well defined?
What is a ‘valid’ order of protection issued. Is it a temporary unproven order or a proven court judgement after hearing?
Without good definitions this is open to abuse if the law by anyone.
A boyfriemd tired of paying rent can complain that his mate is abusive and walks out.
Look at the lost rent potential. Tenant get an order, doesn’t pay rent for two months then leaves with no consequence.
Then gets 30 days to get out and no ability to collect on the lost rent. Property owner can not publically disclose to tenant
Has no means to take tenant to court.
Disabling illness or accident:
There could be as little as 1 day's notice.
Further, no documentation required other than writing that the unit ""is no longer enjoyable"". There is not even the 30 day notice required for domestic abuse victims who have a much greater need for relief.
While all landlords are sympathetic to domestic abuse victims and tenant suffering from disabling illness or accident, the financial burden should not fall on the landlord. landlords need financial stability to meet their obligations and, although the market is good right now, there are times in the year when re-rents can be problematic. Many landlords use rental agent services whose costs need to be amortized over a year. At a minimum, the notice period should be that required in the already mutually agreed upon lease. Trying to rent an apartment for a mid-month occupancy is always problematic.
The tenant should be at least required to pay for the vacancy caused by the early termination.
If the tenant does not have the financial resources required to give sufficient notice, the town or state should be required to pay for the vacancy.
The bill is subject to abuse by tenants who simply want to move. The tenant who suffers a disabling illness or accident, is not required to provide documentation from medical providers. Rather the tenant only needs to provide written documentation which could be fabricated.
This provision’s language is problematic with no clear meaning or standard. Who will be determining that the tenant is disabled and for how long? Who will determine that the apartment is enjoyable?
What does enjoyable even mean?
The bill also does not have any penalties for tenants who use the bill to falsely terminate a lease. It should at least include provisions for monetary damages if the landlord can show that the documentation is false.
Is this bill really needed? A victim, who truly needs to disappear, will quickly move and forfeit the security deposit. Given the difficulty with small claims and collected money owed to landlords, there really is little the landlord can do other than file with a credit reporting agency.
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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
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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HB379, Indigent Tenant Eviction Notice of NHLA
1/25/2023 at 2:30 p.m. Location: Legislative Office Building Time: 2:30 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/house/committees/committeedetails.aspx?code=H34
Email to Committee:
To: HouseFinanceCommittee@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:
The amendment is extremely reduced from the original bill and will have limited impact on landlords. Most tenants already know they can consult with NH Legal Assistance, especially after the recent eviction changes during the pandemic.
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 then the eviction notice is not made defective and the eviction continues.
Also, the 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.
===Analysis on original bill before amendment in the House=========================================
Summary
Summary on Amendment 2023-0347h: 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.
Talking Points
The amendment is extremely reduced from the original bill and will have limited impact on landlords. Most tenants already know they can consult with NH Legal Assistance, especially after the recent eviction changes during the pandemic.
The amendment does not give the indigent tenant any additional rights than the tenant current has.
Some thoughts from one core team member:
1. 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.
2. The term ‘indigent’ isn't defined in the bill; how is a landlord to know if a person is indigent?
3. Landlords cannot expect to know the ‘process for contacting and obtaining ... assistance’ from NHLA. That's not the landlord's job. We would need the court to prepare a new eviction notice form. Therefore, not just indigent tenants but all tenants will likely get this new form.
Questions for David Cline
Clegg mentions concern of defaming but I don’t see that in the bill not the need for staff, attorneys, court determining indigent.
Talking Points on original bill as introduced:
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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HB210, Insurance House Keeping
1/31/2023 at 1:30 p.m. Location: Legislative Office Building Time: 1:30 p.m.
Title:
Summary: This bill revises certain requirements for combined insurance coverage against fire and other perils.
The bill is a request of the insurance department.
Property Owner Position: You Decide
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: HB210
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB210
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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SB145, Housing Championship Program
2/14/2023 at 9:30 a.m. Location: State House Time: 9:30 a.m.
Title:
Summary: This bill has two major components. The first is to establish a housing championship program. Each municipality would have the option to apply to receive the New Hampshire housing champion designation. In exchange for New Hampshire housing champion designation, a municipality shall receive preferential access to state resources including, but not limited to, discretionary state infrastructure funds, as available.
The benefits for obtaining the designations shall include eligibility to the Housing Planning and Regulation Municipal Grant Program, the Housing production municipal grant program, and the Housing infrastructure municipal grant and loan program, all of which are also established by this bill.
The second major components to this bill are the establishment of the grant programs and the funding of the program. The total of the funding is $29,000,000, with $25,000,000 for the biennium ending June 30, 2025.
There are a number of other aspects of the bill that are not summarized here that mostly address the administration of the program.
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: SB145
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB145
Analysis Stated in Bill:
Talking Points:
We don’t have a strong opinion on this bill. However, in general we need to support the creation of more housing.
There are different thoughts on this. Here are several.
This bill is designed to give municipalities incentive, by way of financial aid, to develop workforce housing, which is badly needed in New Hampshire. This includes working on zoning, training for planning board and zoning board members, and money for water, sewer, and other utilities.
Since there is a severe shortage of housing in the state, and eventually it will hurt the economic growth of the state, any good incentive for the building of more housing is something we need to promote.
The best way to promote new housing is to reduce zoning obstacles. Because of constitutional home rule laws, the state can't use a stick to force the issue, only a carrot. The "Housing Champion" designation is a state financial incentive program to build more housing. Will it be funded? Will the funds be fairly distributed? Is it worth the 14 million dollar per year cost of the program? Will small municipalities be able to compete for funds against cities?
We should not create something for the sake of looking good. Anything we do has to actually have the funding necessary without higher taxation. Higher taxation bleeds the life, and all the opportunity, out of good ideas. We need to resolve the lack of housing while also making it affordable.
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SB224, Affordable Housing Tax Breaks
2/14/2023 at 9:30 a.m. Location: Legislative Office Building Time: 9:30 a.m.
Title:
Summary: This bill's premise is that affordable housing is sometimes less profitable than other housing. The bill allows an affordable housing developer to stretch the zoning rules if he/she can prove that it is necessary to achieve profit parity with other types of housing development.
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: SB224
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB224
Analysis Stated in Bill:
Talking Points:
Sometimes developers complain that building affordable housing is not profitable enough, so they build ‘luxury’ housing. If the government recognized the law of supply and demand as well as the action of market forces, they would realize that if too much luxury housing is built, it will become affordable when the developers can't get the high rents they want. This bill is a well intentioned attempt to add more complex laws to correct the housing market. Because of its complex reporting requirements, the law will probably only be used by large, sophisticated developers. It burdens small municipalities with handling these complex reports. They may not have the staff to do so. A similar law that is referenced in the text, RSA 79-E:4-c, allows municipalities to give huge property tax breaks to developers of ‘affordable housing’ at the same time that give they give zoning relief envisioned in this law.
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SB221, Property Tax Exemption For Day Care
3/7/2023 at 9:15 a.m. Location: Legislative Office Building Time: 9:15 a.m.
Title:
Summary: This bill allows municipalities to offer a property tax exemption to for profit or not for profit day care centers.
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: SB221
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
SB221
Analysis Stated in Bill:
Talking Points:
A tax payers association might object to this optional tax break for businesses or people because it shifts the tax burden onto everyone else. Does the government need to subsidize another class of business?
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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HB117, Lease Expiration As Ground For Eviction
3/21/2023 at 10:00 a.m. Location: State House Time: 10:00 a.m.
Title:
Summary: This bill would add as a grounds for eviction the expiration of any lease of 6 months or longer or a combination of leases which together have been 6 months or more.
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: HB117
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB117
Analysis Stated in Bill:
Talking Points:
The bill was drafted by former Supreme court Justice Lynn to recognize the sanctity of a contract, a lease is a contract with a beginning and an end reversing the NH Superior court case that removed the landlords right to end the contract relationship at the end of the contract/lease . The bill allows a landlord to operate the business as needed. Leases can be crafted for automatic renewal terms including extended notification terms if both sides agree.
Landlords do not want to evict. Landlords know evictions are not in anyone's interest. For the tenant, they would have to obtain another home, but the eviction on their record could make it much more difficult.
For the landlord, it is expensive, many times rent does not get paid during the eviction period, there is a large potential for damages because the tenant is getting evicted anyway, there are significant costs in fixing up the unit for re-rental, there is vacancy during the fix up period, and the labor costs in showing and leasing the unit.
It only makes sense that when a contract is up then the contract is actually up. In present law if the landlord gave the notice to terminate the lease and the tenant refuses then the landlord may NOT evict the tenant solely because the lease is over. Tenant’s and landlord’s abilities ought to be balanced. Tenants can give a notice & terminate at the end of the lease. Landlord’s ought to be able to do the same. Perhaps it should be mandatory that the tenant has to notify the landlord of their intent to renew if terms can be reached.
Essentially, this bill creates an actual end date to the lease if it has become obvious the tenant is causing problems at the property and neither does the landlord nor the neighboring tenants want the trouble causing tenant to renew.
If tenants don’t want to be evicted at end of the lease then they can be good tenants. Repeating above, no landlord wants to evict a tenant.
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HB335, Lien Notification to HHS
3/28/2023 at 10:00 a.m. Location: Legislative Office Building Time: 10:00 a.m.
Title:
Summary: This bill extends the time period for notifying the commissioner of health and human services of the execution of a municipal or state tax lien on real estate subject to a lien for certain public assistance.
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: HB335
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB335
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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HB111, Electrical Vehicle Charging Station Study Committee
3/28/2023 at 1:20 p.m. Location: Legislative Office Building Time: 1:20 p.m.
Title:
Summary: This bill would establish a 6 member committee to study electrical vehicle charging
for residential renters including accessibility and opportunities to provide electrical vehicle
charging for residential renters. Three members of committee shall be appointed from the House and the other three from the Senate.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=34
Email to Committee:
To: Donovan.Fenton@leg.state.nh.us; Denise.Ricciardi@leg.state.nh.us; Ruth.Ward@leg.state.nh.us; Carrie.Gendreau@leg.state.nh.us; David.Watters@leg.state.nh.us; ;
Subject: HB111
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB111
Analysis Stated in Bill:
Talking Points:
The committee will only have members of the legislature on it. Neither landlords, property owners, tenants or anyone else shall be appointed to the committee. The committee is not mandated under this bill to contact stake holders to hear their concerns.
There is no current need for the committee. Electric cars are the minority. Buyers of EV's know they need to be charged, and all should have that planned out before the purchase of the car. As the cars become more popular, private industry is building charging stations. For instance, there is a charging station built by Tesla at the Kennebunk Rest Area on Interstate 95 in Maine.. There are charging stations at the Mall of NH
Many groups will be effected, including gas station owners, who may want to install charging stations if the sale of gasoline declines. They may have the space for a car to sit at a charging station for 30 minutes or more. If there is a study committee, all groups need to be consulted. The bill does not indicate that the committee has any obligation to do this.
For many landlords, especially those who manage very small properties, 10 or less units, especially in downtown or older areas of a municipality, parking space is limited. Many will not be able to dedicate a parking space or two for the charging station.
Charging stations will also have extensive installation costs. First, if the station or stations are going to be wired off the building, the lines from the street will have to be checked to make sure that the line can handle the additional load. It will have to be determined if the charging station will need its own electric meter, and definitely a dedicated circuit and circuit breaker. The line to the charging station will have to buried underground, possibly tearing up pavement, which will have to be fixed, and a foundation will be needed for the station.
The station will have to be maintained, snow removal will also have to be addressed, as well as vandalism. The cost of use of the stations will have to be determined, as well as collection of these costs from the tenant.
How would security of the station be maintained to prevent theft of the electricity.
All of the above are major costs, that the small and intermediate size landlords will have difficulty paying for.
Given the small percentage of EV's in New Hampshire compared to gasoline vehicles, there is no need for any legislation for charging stations at residential rental properties. As more of these vehicles are built, the manufacturers of the vehicles, as Tesla is doing, will be building the charging stations or the cars will not sell.
Vote Inexpedient to Legislate on HB111, Electrical Vehicle Charging Station Study Committee.
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HB237, Disabled Tax Discount Eligibility Date
4/4/2023 at 9:15 a.m. Location: Legislative Office Building Time: 9:15 a.m.
Title:
Summary: This bill establishes an asset evaluation date for purposes of determining eligibility for the property tax exemption for the disabled, for the deaf or severely hearing impaired, and for the elderly.
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: HB237
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB237
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.
Belived to be a housekeeping bill.
If you learn anything about this bill please email it to us. Thanks!
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HB68, Real Property Transfer On Death Act
4/4/2023 at 2:15 p.m. Location: State House Time: 2:15 p.m.
Title:
Summary: This bill adopts the uniform real property transfer on death act.
Property Owner Position: You Decide
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: HB68
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB68
Analysis Stated in Bill:
Talking Points:
Does this have a new real estate death transfer tax?
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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HB342, Lead Testing Prior To Starting School
4/5/2023 at 9:00 a.m. Location: Legislative Office Building Time: 9:00 a.m.
Title:
Summary: This bill would require that medical providers test a child's blood lead level as part of the physical exam that is currently required before a child enters school or day care for the first time. The exam and blood test is not required if the child's parents object on religious grounds.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=46
Email to Committee:
To: Jeb.Bradley@leg.state.nh.us; Kevin.Avard@leg.state.nh.us; James.Gray@leg.state.nh.us; martha.fullerclark@leg.state.nh.us; martha.hennessey@leg.state.nh.us;
Subject: HB342
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB342
Analysis Stated in Bill:
Talking Points:
This would begin blood tests for lead in children as young as 9 months. One positive aspect of this bill is that it might pick up on problems before permanent damages to children happens.
This bill will screen more children for lead in their blood, and most likely will cause more abatement orders for landlords. Since the bill is to reduce the long term effects on children, and protect children, it is a hard bill to oppose. Landlords have historically stood on the side on the issue of testing children for lead.
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HB564, Approve New Building Codes
4/6/2023 at 10:10 a.m. Location: State House Time: 10:10 a.m.
Title:
Summary: Approval of new building codes
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=31
Email to Committee:
To: Debra.Altschiller@leg.state.nh.us; Sharon.Carson@leg.state.nh.us; Carrie.Gendreau@leg.state.nh.us; Howard.Pearl@leg.state.nh.us; Rebecca.PerkinsKwoka@leg.state.nh.us; ;
Subject: HB564
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB564
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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HB107, 2023-0045 HB107 text Title:relative to employment restrictions for registered sex offenders. Sponsors: (Prime) Kevin Verville , Joe Alexander, Terry Roy
1/18/2023 at 11:45 a.m. Location: Legislative Office Building Time: 11:45 a.m.
Title:
Summary:
Property Owner Position:
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: HB107
Link to Bill Text: http://www.gencourt.state.nh.us/bill_status/results.aspx?adv=2&txtbillno=
HB107
Analysis Stated in Bill:
Talking Points:
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Attachments:
None
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