Bill targets out-of-state landlords in N.H.: lawmakers seek to toughen enforcement for code violations.

Out-of-state landlords would have to appoint an in-state agent and would risk foreclosure if they do not make repairs and pay housing code fines under a bill that has been approved by the New Hampshire House and is on its way to the Senate.

House Bill 574 would allow code enforcement officers to put liens on a landlord's property for unpaid building code violations. One of those violations would be not to appoint an agent authorized to make repairs and accept legal papers. If the lien is not satisfied within 60 days, the holder can begin foreclosure procedures on the properties.

Supporters said the bill would put some teeth into code enforcement against absentee landlords. They said fines are not enough if the landlord doesn't pay them or doesn't fix the problem.

"We are talking about fines about not fixing horrendous conditions," said Rep. Lucy Weber, D-Walpole. "If those statutes were effective, you would not have ceilings falling down over the kitchen sink while the tenants were trying to eat their meals."

But opponents attacked the enforcement as "draconian" and would result in negative income on rental and vacation property.

"The anti-landlord crusade is entering a new phase," said Rep. William O'Brien, R-Mont Vernon, who said that landlords could potentially lose their property because they left a violation notice under a pile of papers. "Who would want to buy property if they could lose it under such capricious circumstances?" he said.

The House passed the bill, 188-146.

The House also has approved HB 686, which would prevent landlords and employers from taking a Human Rights Commission case to a jury trial.

Currently, once a commission rules that a case has probable cause, either side can take the matter to Superior Court with the right to a jury trial. Supporters said this could delay judgment for years, longer than most plaintiffs can afford to wait, even if a case is big enough to get the interest of an attorney. They contended that since a ruling of probable cause is so difficult to win, it should be the plaintiffs choice.

But opponents said that those being sued should have the same choice.

"Anyone off the street" will be able to file a human fights case, said Rep. Anthony DiFruscia, R-Windham. "There will be no trial by jury. You have the right to be judged by you're your peers, not by some political appointee."

Meanwhile in the Senate, lawmakers are considering a bill to allow the use of interim controls in lead abatement projects.

Currently, interim measures--such as painting over hazardous areas--can only be used for two years. After that, the lead paint must be removed.

The bill, which already passed the House, would allow the interim controls indefinitely as long as they are certified annually. It also would strengthen the state's ability to inspect a property without the owner's consent and speed civil action to enforce a removal order.

Lawmakers toughened the state's removal law in 2007, cutting in half the level of lead in a child's blood that prompts an investigation of an apartment or day-care center. The bill they passed also let investigators screen a whole apartment, not just an affected child's unit.