Bill Text: NH HB128 | 2011 | Regular Session | Introduced


Bill Title: Requiring tenants to execute a financial affidavit as part of the eviction process.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2011-02-23 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 21, PG.461 [HB128 Detail]

Download: New_Hampshire-2011-HB128-Introduced.html

HB 128 – AS INTRODUCED

2011 SESSION

11-0105

05/03

HOUSE BILL 128

AN ACT requiring tenants to execute a financial affidavit as part of the eviction process.

SPONSORS: Rep. Drisko, Hills 5; Rep. Fleck, Carr 5; Rep. J. Belanger, Hills 5

COMMITTEE: Judiciary

ANALYSIS

This bill provides that, if the court awards damages to a landlord in a landlord-tenant action, the court shall require the tenant to provide his or her current address and to file a financial affidavit with the court.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0105

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT requiring tenants to execute a financial affidavit as part of the eviction process.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Actions Against Tenants; Judgments; Financial Affidavit. Amend RSA 540:14 by inserting after paragraph IV the following new paragraph:

V. If the court issues a money judgment in favor of the landlord, the court shall require the tenant to execute a financial affidavit, indicating the tenant's address, source of income, assets, and liabilities within 7 days. The tenant shall indicate on the financial affidavit whether he or she intends to pay the judgment in a lump sum or to enter into a periodic payment plan under the terms and conditions established by the court. Any tenant against whom a money judgment has been awarded shall notify the court of a current address for service within 7 days of notice of the judgment from the court. If the tenant fails to provide the court with a current address and any subsequent change of address, the tenant shall be subject to a fine of $300. In addition, any service failure as a result of the tenant's failure to notify the court of a current address shall provide grounds for the issuance of a bench warrant upon petition to the court. Any proof of failed service upon the tenant shall constitute prima facie proof of the tenant's failure to comply with this section.

2 Effective Date. This act shall take effect January 1, 2012.

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