SB 217 - AS AMENDED BY THE SENATE

02/03/2022   0352s

2022 SESSION

22-3044

11/05

SENATE BILL 217

AN ACT relative to eviction notices.

SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Cavanaugh, Dist 16; Sen. Prentiss, Dist 5; Sen. Sherman, Dist 24; Rep. Vann, Hills. 24; Rep. DiLorenzo, Rock. 17; Rep. Espitia, Hills. 31

COMMITTEE: Commerce

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ANALYSIS

This bill modifies the circumstances under which a landlord may evict a tenant and modifies the requirements relating to eviction notices.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/03/2022   0352s 22-3044

11/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to eviction notices.

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

1  New Subparagraph; Termination of Tenancy.  Amend RSA 540:2, II by inserting after subparagraph (g) the following new subparagraph:

(h)  The landlord desires to:

(1)  Perform repairs to the dwelling unit which cannot be safely done while the tenant resides in the premises;

(2)  Perform substantial renovation of the premises; or

(3)  Sell the property.

2  New Paragraphs; Eviction Notice.  Amend RSA 540:3 by inserting after paragraph II the following new paragraphs:

II-a.  If the eviction is based on RSA 540:2, II(h), no less than 60 days' notice shall be sufficient, except 30 days' notice shall be sufficient in the following circumstance:

(a)  The landlord has been ordered to make repairs or remedy an unsafe condition by a board, agency, or authority having powers of inspection, regulation or enforcement, for violations of a housing code, building code, health code or other regulation pertaining to the health or safety of residential dwelling units; and

(b)  The owner has requested for extension of time for compliance with the order, and such request has been denied; or

(c)  The dwelling unit requires repairs which cannot be performed while the tenant remains in residence, and which:

(1)  Are required for the health and safety of the tenant or other tenants who reside in the building; or

(2)  Are required to prevent the deterioration of the dwelling unit or other dwelling units in the building.

II-b.  Nothing in this section or RSA 540:2, II(h) shall be construed to:

(a)  Permit a landlord to evict a tenant with a child who has tested positive for the presence of lead in his or her bloodstream, in violation of RSA 130-A:6-a, and/or without complying with the requirements of RSA 130-A:8-a; or

(b)  Permit a landlord to evict a tenant who is entitled to protection from retaliation pursuant to RSA 540:13-a and 540:13-b.

3  Effective Date.  This act shall take effect January 1, 2023.