SB519: relative to evictions based on the owner's intent to renovate the property.

SB 519-FN - AS INTRODUCED

2024 SESSION

24-3123

12/10

SENATE BILL 519-FN

AN ACT relative to evictions based on the owner's intent to renovate the property.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21; Sen. Rosenwald, Dist 13; Sen. Soucy, Dist 18; Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5; Rep. Cornell, Hills. 22; Rep. Goley, Hills. 21; Rep. Heath, Hills. 41

COMMITTEE: Commerce

ANALYSIS

This bill adds evidentiary requirements to evictions based upon renovation and permits a discretionary stay of eviction for up to 6 months.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3123

12/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to evictions based on the owner's intent to renovate the property.

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

1 New Section; Evictions Based on Owners Intent to Renovate the Property. Amend RSA 540 by inserting after section 2 the following new section:

540:2-a Evictions Based on the Owner's Intent to Renovate.

I. Except in cases brought pursuant to RSA 540:2, II (f), whenever an eviction notice is based on the owner's intention to repair, renovate, or rehabilitate a dwelling unit in restricted property, the eviction notice shall:

(a) Provide the tenant with no less than 60 days notice to vacate the premise; and

(b) Describe with specificity the work that the owner intends to have done on the dwelling unit, and the approximate time frame during which the work will be performed.

II. To prevail at the hearing on the merits of the possessory action, the owner shall establish that:

(a) The work cannot be safely performed while the unit is occupied;

(b) The work on the unit is expected to take more than 30 days; and

(c) The tenant has been offered a dwelling unit with the same number of bedrooms as are in the unit from which he or she is being evicted, at a rent that does not exceed the tenant's current rent. This provision shall not apply if no such unit is available.

2 New Paragraph; Eviction; Discretionary Stay. Amend RSA 540:13-c by inserting after paragraph I the following new paragraph:

I-a. Notwithstanding paragraph I, in cases based on the landlord's intention to repair, renovate, or rehabilitate the premises, or the landlord's intention to remove the dwelling from the residential rental market, the court shall have the authority to grant a discretionary stay of up to 6 months.

3 Effective Date. This act shall take effect upon its passage.

LBA

24-3123

12/4/23

SB 519-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to evictions based on the owner's intent to renovate the property.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A

• Does this bill authorize new positions to implement this bill? [X] No

METHODOLOGY:

This bill adds evidentiary requirements to evictions based upon renovation and permits a discretionary stay of eviction for up to 6 months.

The Judicial Branch states it is not possible to estimate how this change in law would impact the number and complexity of filings in the courts.

AGENCIES CONTACTED:

Judicial Branch