This past week marked the last day for the House to act on all remaining Senate bills and the Senate to act on all remaining House bills. Any differences between House and Senate versions will now need to be worked out in committees of conference.
Landlord and tenants given more options on security deposits
House Bill 1336 creates a new category of rental security payment in New Hampshire called a “regulated conditional deposit.” It would allow landlords, under limited circumstances, to collect up to an additional month’s rent beyond the current one-month security deposit cap if an applicant does not fully meet the landlord’s screening criteria.
The bill limits when such a deposit can be used, including situations involving lower credit scores, insufficient income, prior eviction history, unpaid judgments, or unverifiable landlord references. It also requires landlords to disclose the specific reason for requiring the additional deposit, provide tenants with written notice of their rights, and allow tenants to request periodic re-screenings so they may potentially recover or apply the deposit toward future rent if they later meet the landlord’s standards.
Landlords who violate the new conditional deposit rules would be subject to remedies under the Consumer Protection Act.
The House and Senate have passed slightly different versions of the bill, so those will need to be resolved in the next week.
A new lease on eviction procedures
House Bill 1598 makes a wide range of changes to New Hampshire’s landlord-tenant eviction laws. The bill is a compromise between NH Legal Assistance and landlord groups.
Tenants contesting an eviction would be required to file affirmative defenses and counterclaims shortly after the return date, and landlords would gain additional procedural protections if new defenses are raised late in the process. In addition, it limits discretionary stays of eviction to generally no more than 60 days, unless tenants demonstrate special circumstances justifying up to 75 days and continue paying rent during the stay.
The bill also expands prohibited conduct provisions and remedies related to tenant behavior. It explicitly prohibits tenants, household members, or guests from damaging property, interfering with other tenants’ quiet enjoyment, threatening health or safety, or blocking emergency repairs. Courts would gain authority to order certain occupants immediately removed from premises following findings of serious violations.
In cases involving unauthorized occupants, the bill authorizes immediate law enforcement removal and significant damages awards to property owners. Additional procedural requirements are added for exchanging evidence before hearings, and the act clarifies that delays by a sheriff in serving a writ of possession do not invalidate an otherwise valid eviction order.
The House and Senate have passed slightly different versions of the bill, and those will need to be resolved in the next week before the bill can head to the Governor’s desk for her signature.
Connection lost: House tables data center proposal
Senate Bill 439, as amended by the House of Representatives Municipal Committee, would have authorized data centers as permitted uses by right within zoning districts designated for commercial and industrial use, while prohibiting municipalities from imposing requirements on them that are more restrictive than those applied to other permitted uses in the same districts. Earlier this year, the Senate passed very similar language ensuring municipalities would have to treat data centers like any other commercial or industrial development.
However, last week the amended bill was “tabled” by the full House of Representatives. Tabling technically postpones the vote, but since there are no additional dates in the legislative calendar, the maneuver essentially kills the bill for this legislative year.
Attempt to streamline zoning appeals falls short
Senate Bill 508 would have ensured that all grounds for an appeal to the Zoning Board of Adjustment must be stated in the initial notice. The bill also stated that municipalities must stamp and accept revised plans submitted by an applicant within 10 business days of submission, contingent upon the revised plans reflecting the specific alterations requested during the initial planning board review.
The Senate passed the bill earlier this year, and the House Municipal and County Committee recommended its passage. However, after a lengthy debate, the full House of Representatives narrowly rejected the measure.
Quote of the Week
“But we’re also looking at ways that perhaps the state could lease, which may be a more affordable way to use certain parcels for housing.”
—Gov. Kelly Ayotte, suggesting leasing surplus state land for residential development. House Bill 1726, which creates a study commission to look at how best to study the sale of state-owned property for the purpose of building housing, has passed out of both the Senate and House.
Follow NHAR on Instagram (nhar603) and Facebook (New Hampshire REALTORS).
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.
