HB194: relative to appeals in landlord/tenant actions.

HB 194 - AS INTRODUCED

2003 SESSION

03-0798

09/01

HOUSE BILL 194

AN ACT relative to appeals in landlord/tenant actions.

SPONSORS: Rep. Craig, Hills 50

COMMITTEE: Judiciary

ANALYSIS

This bill changes the court of appeal in landlord/tenant cases from the supreme court to the superior court and limits further appeals to the supreme court to issues of law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0798

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to appeals in landlord/tenant actions.

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

1 Appeal to the Superior Court. RSA 540:20 is repealed and reenacted to read as follows:

540:20 Appeal.

I. Any party to an action brought pursuant to this chapter shall, within 7 days of the date of the notice of judgment, file in district court a notice of intent to appeal the decision of the court to the superior court in the county in which the district court is located. Until the appeal is perfected by the filing of an appeal in the superior court and the payment of the cost of said appeal, the district court shall retain exclusive jurisdiction of the case. After the filing of the appeal to the superior court, the district court shall retain jurisdiction of the matter for the purposes of collecting rent pending the final disposition of the matter in the superior court. In all other respects, the judgment of the district court shall be final at the expiration of the appeal period. The appealing party shall give notice of the appeal to the district court and other parties involved and shall give a copy of the appeal filed in the superior court to the clerk of the district court and to all opposing and other parties involved in the district court matter.

II. In an appeal to the superior court, the burden of proof shall be upon the party seeking to set aside the decision of the district court, to show that the decision of any finding of the court is unlawful or unreasonable. All findings of the district court shall be prima facie lawful and reasonable. The decision of the district court appealed from shall not be set aside or vacated, except for errors of law, unless the superior court is persuaded by the balance of probabilities, on the evidence before it, that said decision is unreasonable. A judgment against a tenant for failure to pay all rent due plus $15 within a lawful time period specified in a notice to quit, absent extenuating circumstances caused by the landlord's conduct with regard to such failure to pay, shall not be considered unreasonable for purposes of an appeal to superior court.

III. The appeal to the superior court shall be limited to the record in the district court. However, at the discretion of the superior court judge, additional evidence may be allowed, as necessary, to correct the absence of the district court record. Any appeal from the superior court to the supreme court shall be limited to issues of law. The decision of the superior court judge to allow or not allow the introduction of evidence or factual or discretionary matters shall not be allowed as a basis of an appeal to the supreme court.

2 New Paragraph; Exclusive Jurisdiction; Actions Against Tenants. Amend RSA 502-A:14 by inserting after paragraph I the following new paragraph:

I-a. Exclusive Jurisdiction; Actions Against Tenants. All district courts shall have original and exclusive jurisdiction of actions against tenants for possession of the premises in which title to real estate is not involved and the plaintiff or defendant resides within the district. In all such actions the parties shall be heard by the justice or special justice and an appeal may be had in accordance with RSA 540:20.

3 Effective Date. This act shall take effect January 1, 2004.