Earlier this year, two bills passed the Senate that were intended to clarify issues related to land use appeals before a Zoning Board of Adjustment.
Senate Bill 508, which has passed the Senate, seeks to create greater procedural consistency in the ZBA appeal process and in the submission and review of revised plans during local land use proceedings. The bill seeks to amend RSA 676:5 to require that all grounds for appeal to a ZBA be stated in the initial notice of appeal. It also would establish a framework for the submission, stamping, and acceptance of revised plans during local land use review.
During the House hearing, supporters raised concerns that applicants are sometimes subject to multiple rounds of revisions or new requirements introduced late in the review process, resulting in delays, increased costs, and uncertainty for both applicants and municipalities.
While there appeared to be general agreement on that portion of the legislation, the bill also required municipalities to “stamp and accept revised plans submitted by an applicant within 10 business days of submission.” Some House members expressed concern that this language could weaken the approval process. The House Municipal and County Government Committee voted 11-9 to recommend that the full House pass the bill.
The same committee was, unfortunately, more unanimous on Senate Bill 435, which would have changed the variance standard from the current “unnecessary hardship” criteria to an “unreasonable restriction” standard. The change was intended to make it easier for applicants to obtain a variance from local zoning ordinances.
It was a rare bill supported by both the New Hampshire Municipal Association and NHAR. However, members of the House Municipal and County Government Committee expressed concern that the Senate sponsor did not attend the House hearing or reach out to the committee. As a result, the committee voted to recommend killing the bill. Final House floor action is expected later this week.
Under Construction: Builder Registration Study
Senate Bill 523, as approved by the House of Representatives, would establish a legislative commission to study the implementation of a residential builder registration system. The intent is to assess whether such a system would enhance consumer protection and help address instances of fraud, misrepresentation, exploitation, and miscommunication. Only House and Senate members would have a vote, while industry would be permitted to offer testimony.
The Senate-passed version of the bill differed from the House version in that it created a study commission that included voting industry representatives, members of various state agencies, and legislators. Differences between the House and Senate versions will need to be resolved before the bill can be sent to the Governor.
In either case, the commission’s report would be due by November 1, 2026.
New Grounds For Eviction
House Bill 1499 would create new grounds for eviction under RSA 540:2, II, when a tenant or occupant of the rented premises has been convicted of certain offenses.
Those offenses include improper entry into the United States, if the conviction occurred less than three years before service of the eviction notice; any offense requiring registration as a sexual offender, unless registration is no longer required before service of the eviction notice; or any offense requiring registration as an offender against children, unless registration is no longer required before service of the eviction notice.
There are important caveats. If the conviction was disclosed in writing by the tenant to the landlord, or discovered through a criminal background check conducted by the landlord before the tenancy began, the landlord could not later terminate the tenancy based on those specific convictions. In addition, if the landlord does not conduct a background check or request disclosure on the tenant application form, the landlord would not be entitled to use these new grounds for eviction.
Differences between the House and Senate versions will need to be reconciled before the bill can be sent to the Governor.
Quote of the Week
“There is still a strong demand for new housing in this area. ... But we specifically need what we’re calling ‘missing middle’ housing, or appropriately sized starter homes with three bedrooms. We just don’t have that type of housing.”
—Gordon Boddinton, Marketing and Administration Manager at the Upper Valley Business Alliance, the Lebanon & Hanover Chamber of Commerce (The Registry Review, May 11, 2026). The single-family median sale price in Lebanon is $525,000, while in Hanover it is $1,300,000.
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For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.
