The first bill heard this year in any committee was Senate Bill 4, relative to commercial property assessed clean energy or resiliency loans, or C-PACER loans. The program currently exists in statute but has never been utilized, and SB 4 is intended to make the legislative language more developer-friendly.
The bill clarifies that a municipality may enter into an agreement with a property owner to impose a voluntary special assessment to repay the financing of certain energy conservation and efficiency improvements on certain projects, mainly multi-family residential or other commercial projects. The financing would run with the property as opposed to the owner, acting essentially as a tax lien.
The NH Business Finance Authority will act as the central administrator in order to take that burden off of the towns. It will only apply in communities which opt into the program, will only use private financing, and it is entirely voluntary on the developer’s part.
The bill has broad bipartisan support. The Senate Commerce Committee unanimously voted to pass SB 4, and it could be taken up by the full Senate later this month. NHAR supports the bill.
The end of the lease does not mean the lease ends
In 2005, the New Hampshire Supreme Court ruled that landlords must have a specific reason, or "good cause" to evict a tenant at the end of a lease. Those judges ruled that the expiration of a lease alone is not good cause and therefore not a sufficient reason for eviction.
House Bill 60 would make it clear in statute that a tenant would need to vacate the rental property at the end of the lease term unless the landlord and tenant mutually agree to extend it under existing or new terms. Failure to do so would lead to an eviction. This is now the fourth year this bill has been heard, having failed in each of the previous three years.
Opponents have expressed concern that the bill could lead to retaliation from a landlord when a tenant complains about the rental unit or service. They also argue it will lead to more homelessness. NHAR testified in favor of the bill, stating that both the landlord and tenant enter into an agreement which clearly states the lease ends at a certain date, and the property owner has the legal right to that unit.
The House Committee on Housing is expected to take action on the bill in the next several weeks.
Notice to evict
Currently, for all residential tenancies, a landlord is required to provide a tenant 30 days eviction notice to inform that tenant of an eviction (It is important to note that RSA 540:3 indicates that only a 7 days' notice is sufficient for failure to pay rent, substantial damage or behavior impacting health and safety).
House Bill 351 would change the 30 days notice to 60 days notice. The sponsor of the bill expressed their only reason for introducing the bill was because he thought the tenant must give 60 days notice to a landlord. However, no such statutory requirement exists relative to the tenant providing notice. Other than the sponsor of the bill, no member of the public or legislator testified in favor, but NHAR did testify in opposition.
The Housing Committee should take action on the bill in the next several weeks.
Quotes of the Week
“I’m not even sure right now, as we look at how much things cost, it would have been difficult for us to start with that first home, and that’s with two people working. So I think that we’re only going to make this more affordable if we have more housing.”
–Gov. Kelly Ayotte, when asked about buying her first home in today’s market. (“Advocates and developers hope for progress on NH housing crisis in 2025,” Concord Monitor, Jan. 1, 2025)
“I think this is a generational opportunity to set us up for success.”
–Manchester Mayor Jay Ruais, commenting on a city-wide report on zoning changes. Manchester residents supported lowering the minimum dimensions for residential lots and reducing the minimum floor area required per residential unit. (“Housing affordability among top concerns expressed during Manchester zoning forums,” Union Leader, Jan. 26, 2025)
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com