Senate Bill 162 would place restrictions on the acquisition and leasing of real property by specific foreign principals on or around certain military installations. The bill states that no “foreign principal,” meaning someone who works for the country’s government, or a company or entity organized under the laws, can have its principal place of business in a foreign country of concern. View Senate Bill 162 here.
Those countries of concern are China, Russia, Iran, Syria, or North Korea, which are not permitted to acquire ownership interest in real property or lease property within 10 miles of any “protected facility.”
While the bill itself was retained by the House Commerce Committee, the Senate added essentially identical language to House Bill 2, the state budget bill.
“Protected facilities” are defined as the New Hampshire National Guard and Army Aviation Support Facility in Concord, the Readiness Center of the 197th Artillery Brigade in Manchester, Pease Air National Guard Base in Portsmouth, the New Boston Space Force Station in New Boston, and the Portsmouth Naval Shipyard.
The bill requires every person or entity who leases or acquires property within 10 miles of a protected facility to file with the NH Attorney General, within one business day, a “qualified purchaser affidavit” signed under penalty of perjury, attesting that the person acquiring an ownership or controlling interest, or leasing the property, is not a foreign principal.
NHAR estimates that this bill will impact between 5,000 to 10,000 transactions each year – including residential and commercial purchases and leases as well as short-term rentals – with potential fines for failing to submit. The bill seeks to require that sellers must provide written notification about this mandate to buyers, and landlords will need to do the same with their tenants.
NHAR testified that the current language will make thousands of New Hampshire residents who are not “foreign principals” subject to fines and potential civil action. For this reason, NHAR opposed the bill unless greater protections are granted to consumers, landlords and licensed real estate professionals.
Later this month, the Senate and House will likely meet in a committee of conference on House Bill 2 to work out differences in the budget. NHAR will continue to push for changes to the language.
Required recusal of ZBA members who also serve on a Planning Board
House Bill 92, which has passed the House and Senate, requires that anyone who serves on both a municipality planning board and zoning board of adjustment (ZBA) must recuse themselves from voting on matters previously decided by or pending before the planning board in a quasi-judicial capacity in which the member participated as a voting member.
Supporters testified that in some towns, a resident might serve on both the planning and ZBA, and therefore that individual is hearing appeals on cases in which they participated. The bill is headed to the Governor’s desk for her consideration.
Reminder: Sale of certain waterfront property with septic
Last year, Governor Sununu signed into law House Bill 1113, which created new requirements on buyers of waterfront property where there is a septic system. NHAR has a resource page which includes material from and a video with the NH Department of Environmental Services (NHDES). NHDES recently indicated to NHAR that it will be increasing enforcement of the new statute.
The requirement is mentioned in Section 13 of NHAR’s Purchase and Sale Agreement, as well as Section 6(e) of NHAR’s Property Disclosure.
Quote of the Week
“These communities have set a high standard for innovation and collaboration in tackling New Hampshire’s housing challenges. Their committee is instrumental in creating the kind of vibrant, sustainable communities that New Hampshire needs to grow its workforce and economy.”
–NH Business and Economic Affairs Commissioner Tayor Caswell, on awarding $5 million in state funds to 11 communities under the Housing Champion Program.
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.