Attorneys Alfano to Speak at CIBOR Seminar
On October 28, 2016, Alfano Law Office attorney Paul Alfano will be speaking at the CIBOR Seminar on property tax abatements in New Hampshire and surrounding New England states. With more than thirty years of experience, the Alfano Law Office team has recovered millions of dollars in overpaid property taxes for commercial and residential clients. Attorney Alfano will cover basic and advanced tax abatement topics, including a discussion on equalization ratios, the property tax abatement process, and the differences between appeal venues.
Accessory Unit Statute
Recent New Hampshire economic trends have pointed to the fact that many New Hampshire residents are aging, and that current land-use regulations make it difficult to address housing for these residents. In response, the New Hampshire legislature has enacted several measures that will make it easier for residents to construct accessory dwelling units without having to go through municipal approvals first. In sum, these changes will soon limit the rights of municipalities to enact zoning and land use prohibiting or restricting accessory dwelling units, or accessory apartments.
Senate Bill 146 was signed in March 2016, and has become RSA 674 sections 71, 72, and 73. These provisions will remove the ability of municipalities to regulate accessory dwelling units as an innovative land use control. Accessory dwelling units, or accessory apartments, are independent living units that are within or attached to a single family home. Under the new laws, single family dwellings will in most cases be able to construct accessory units to single family dwellings as a “matter of right,” where single family dwellings are entitled to construct one accessory dwelling unit with a building permit only (no other special permissions required). The regulations require there be an internal door separating the accessory dwelling unit from the primary dwelling unit.
While these new changes make the construction of accessory dwelling units easier for single family dwelling owners, accessory dwelling units must still be permitted; homeowners are not free to construct accessory dwelling units without taking into consideration and following the requirements of all applicable zoning and other regulations.
Out of State Brokers May List Commercial Properties in New Hampshire
In July 2016, HB 1579 passed, which is a bill relative to regulation of the practice of out-of-state real estate brokers. As a result of HB 1579, out-of-state brokers may list commercial properties in the state of New Hampshire so long as the out-of-state broker works with a local counterpart.
This and other real estate and construction laws passed in 2016 is part of a state-wide trend to reduce regulations on the purchase and sale processes of real estate, while making mortgage services more regulated. As more out-of-state residents and businesses are coming into New Hampshire, the legislature is responding by passing business-friendly legislation aimed to boost the New Hampshire economy.
For more information on recent legislative changes in the real estate and business world, contact our office today.
Lot Consolidation: A Reminder of the December 31, 2016 Deadline
If you own two or more lots, and your lots were merged by the municipality in which they are located prior to September 18, 2010 without your consent, you have until December 31, 2016 to submit a request to the municipality that the merger be reversed. Upon submission of the request, the municipality shall have the burden of proof to show that any previous owner voluntarily merged the lots. Reversing the merger will mean that the lots will be restore to their premerger status, and all zoning and tax maps shall be updated to identify the premerger boundaries of the lots or parcels, as dictated by RSA 674:39-aa. All decisions of such a request are appealable in accordance with RSA 676. For more information on reversing an involuntary lot consolidation, contact our office today.
Alfano Law Office Attorneys Attended the Annual NAPTA Event
As members of the National Association of Property Tax Attorneys, the property tax attorneys at the Alfano Law Office attended the annual NAPTA meeting in Seattle, Washington on September 22-24. During this time, the Alfano Law Office attorneys had the opportunity to attend and moderate an educational seminar, while connecting with other property tax attorneys from around the country.