The Office of Professional Licensing and Certification (OPLC) is responsible for administering over 50 occupational boards and commissions, everything from accountants to veterinarians, including real estate licensees.
Senate Bill 185 would have required the OPLC, after receiving a complaint of professional misconduct, to complete the investigation and report to the NH Real Estate Commission within 90 days. If the investigation is incomplete, the real estate commission, at its own discretion, could either instruct the office to continue with its investigation or make a final determination on the claim within 60 days of receipt. NHAR initiated the legislation in order to ensure more timely resolutions to complaints.
Some complaints have lingered for years without notice to either the complainant nor defendant being notified of the status of the case. One complaint had to be dismissed because it sat at the OPLC for five years without action, which is beyond the statute of limitations. OPLC testified that at that beginning of the year, across all 50 boards and commissions, there was a backlog of over 3,000 cases.
The bill passed the Senate, but the House Executive Departments and Administration Committee voted to retain the bill, which means no action will be taken until the end of the year. They did so because OPLC promised to improve their internal adjudication process and timeline. The committee wanted to give the OPLC time to resolve the situation without the need of legislation.
Mortgage discharge bill heads to Governor’s desk
Earlier this month, the Senate passed House Bill 437, which would bring much-needed relief for some buyers and sellers who, during a title examination, discover a mortgage was not discharged properly. Those situations have led to lengthy delays, unnecessary expenses, and the failure of transactions to close.
The legislation states that after Jan. 1, 2028, all undischarged mortgages in which the term is not stated will be deemed discharged, without the necessity of any further action, 35 years from the date of recording of the mortgage, unless an extension of the mortgage, or an acknowledgment or affidavit that the mortgage is not satisfied, is recorded. Similarly, if the mortgage term is stated, the discharge will be assumed five years after that date.
NHAR testified in support. The House had passed the bill earlier this year, so it now heads to the Governor’s desk for her signature.
Senate looks to fund Housing Appeals Board
Earlier this spring, the House of Representative passed a two-year budget calling for the elimination of the Housing Appeals Board (HAB), which provides property owners a cheaper and faster alternative to the New Hampshire Superior Court in zoning and planning cases. However, last week the Senate included some funding in their version of the budget to keep the HAB operational.
The Senate budget eliminates one member from the three-member board and administratively attaches it to the Bureau of Land and Tax Appeals. It is not clear if the House of Representatives will go along with the Senate’s funding proposal on the HAB. The Senate and House have until the end of the month to resolve any differences in their respective versions of the state budget.
Minimum lot size bill retained
Senate Bill 84 would have mandated that municipalities – in a majority of land zoned to permit single-family residential uses, and for lots not serviced by municipal or community sewer infrastructure – could not have an ordinance requiring lot sizes greater than 88,000 square feet for single-family residential uses, unless required by NH Department of Environmental Services. All other set-backs, frontage requirements, etc., would still have needed to be met.
The bill also required that for lots serviced by municipal water and sewer, the town lot size requirement could not be larger than 22,000 square feet.
The bill passed out of the Senate and received positive response by the House Housing Committee, but it decided to retain in the Committee and come back this fall to continue to work on the language.
Quote of the Week
“Our outdated regulatory system – particularly rigid zoning laws and bureaucratic red tape – limits communities’ ability to adapt to the diverse needs of families. Rules that favor sprawling, high-cost developments over flexible, family-friendly options shut out young parents, multi-generational households, and seniors looking to stay near loved ones. This isn’t just bad policy – it’s a missed opportunity to strengthen our communities.”
–Rep. Katie Peternal (R-Wolfeboro), NH Journal, "Building a Brighter Future for New Hampshire Families" (NH Journal, May 29, 2025)
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.