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31 New Hampshire Bar News (n.s.) 1 (2020-2021)

handle is hein.barjournals/nhbn0031 and id is 1 raw text is: NEW HAMPSHIRE An Official Publication of the New HampshireH A R *EWSS tice UIP Bar Association u June 17, 2020 Supporting members of the legal profession and their service to the public and the justice system. Vol. 31, No. 1 Housing Advocates Focusing on Rent Relief as Surge in Evictions Looms Long-term Housing Solutions are the Ultimate Goal By Scott Merrill With a surge in the number of evic- tions due to historic unemployment loom- ing, policy leaders and housing advocates in New Hampshire have been forced to confront realities that existed prior to the COVID-19 pandemic. These realities include a lack of afford- able housing and a homeless population in need of safe shelter. According to Ellisa Margolis, Director of Housing Action NH, an advocacy group focused on affordable housing, just under half of renters in the market were cost bur- dened pre COVID-19. A rental cost burden is defined as 30 percent or more of monthly income spent on housing costs. If tenants can't pay their rent, then landlords cannot pay their mortgages and towns may not be able to collect the tax dollars that are needed to pay for the roads, the schools, and the other vital services such as caring for those who are looking for a place to live. According to New Hampshire Em- ployment Security (NHES), unemploy- ment stood at 16.3 percent for the month of April, (the national average in April was 14.7 percent); this is the highest unemploy- Tim Potter, 59, and Walter Healey, 65, at the Concord Homeless Resource Center on North Main St. in Concord. (Photo/Scott Merrill) ment rate in the history of recorded data stretching back to 1976. The Eviction Moratorium The March moratorium on evictions to provide relief for tenants unable to pay their rent was set to expire June 5th but was recently extended by Governor Su- nunu. It now expires June 26th. Federally subsidized housing under the CARES Act, which includes section 8 vouchers, expires July 26th. With high unemployment in New Hampshire and around the country, indi- viduals who can't pay their rent could have a ripple effect, according to Margolis, lead- ing to more people in need of shelter. Margolis and a host of stakeholders around the state are currently pushing for a new set of beliefs and practices regarding housing issues to maintain public health and to prevent people from living on the streets or in shelters. The moratorium was very impor- tant in the name of public health, and to stabilize people in their homes, because it provided some relief, Margolis said. But after this there will be a pent-up demand for eviction and then you'll have people owing several months rent. It was hard enough to pay the median rent in our state but now imagine adding 3 months to that and you can see how easily it becomes insurmount- able. So far, late rental payments have not been a problem, according to attorney Brian Shaughnessy, adding that this could change. Shaughnessy, President of the New Hampshire Bar Association's Pro Bono HOUSING continued on page 12 PRACTITIONER PROFILE A Small Town Lawyer with an Exacting Mind By Kathie Ragsdale Thomas Pancoast may be the quintes- sential North Country lawyer - part legal advisor, part raconteur, and so can-do that he delivered one of his own daughters in the back seat of a 1971 Plymouth Fury. He has maintained an office in his Littleton home for 41 years. He has almost no overhead, and no staff. He answers his own phone. Meetings with clients - many of them repeat patrons or their children - often border on social events. I will oftentimes have clients come and they'll ask my advice or shoot the bull about something that has nothing to do with the law, says Pancoast, who recently turned 75. I'm not much of an extrovert. I don't really need to go anywhere, but I do find these client encounters substitutes for a social life in a way and it's satisfy- But don't let the aw-shucks de- meanor fool you. His work as a small-town solo practitioner can easily go up against that of larger firms 'down south,' says 35- year friend and colleague Mark Russell, a partner in the Littleton firm Samaha Russell Hodgdon PA. His unsurpassed curiosity and en- gagement compels Tom to peek under rocks that others might not think to turn over, ensuring that his clients are always well represented and protected from the unexpected. So exacting is Pancoast's mind, adds Russell, that he is the only person I know who insists upon, and knows how to prop- erly place the dieresis in Co6s, the name of New Hampshire's northernmost coun- ty. A native of Ardsley in Westchester County, New York, Pancoast grew up in Florida but loved spending time in the 18th Century farmhouse his artist grand- father used as a summer place in South- bury, Connecticut. It had no utilities. It was a step back in time, says Pancoast. The place had such nostalgic appeal, he adds, I resolved I wanted to live in ru- ral New England. That opportunity came years later when he graduated from Vanderbilt Uni- versity with a degree in electrical engi- neering, went on to Yale Law School to liberalize his education and decided to PANCOAST continued on page 8 O pinions ............................ 4 NHBA News.............6-25 Practice Area Section .....16-27 N H BA CLE ......................18-19 NH Court News ..............28-33 Classifieds.......................35 Periodical Postage paid at Concord, NH 03301 A farewell message from the President. New Hampshire Bar Association President Edward D. Philpot expresses gratitude for his relationships while serving as president. PAGE 2 Reminiscences of Ruth Bader Ginsberg. The Honorable John Lewis reflects on his time at Columbia Law School. PAGE 4 The Perception Gap in Gender Equality. Natalie Laflamme takes a close look at an eye opening 2017 NHBA survey. PAGE 5 Reflecting on Week 13 of the pandemic. Terri Harrington, Executive Director of LAPNH, reminds us of the importance of staying connected. PAGE 7 Member Benefit Spotlight. 19 Tips from attorneys to get through the COVID-19 pandemic. PAGE 15 Judicial Branch. Amy Feliciano is the new court clerk for Hillsborough Superior Court-South. PAGE 28 Intellectual Property Law and Municipal & Governmental Law The lastest on the USPTO, the Supreme Court's IP updates, short-term rental regulations and more. PAGES 16-17; 20-27 Judicial Branch. NH Supreme Court Over- turns Precedent for Accessing Personnel Files for Public Employees. PAGE 28 INSIDE: Honoring 50 Years of Practice (Special supplement) *INlSIDE

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