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RSA 53-F:5 · Eligibility of Property Owners

Title
III: TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES
Chapter
53-F · ENERGY EFFICIENCY AND CLEAN ENERGY DISTRICTS
Status
current
Official source linked
Yes
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53-F:5 Eligibility of Property Owners. –

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I.

A municipality may enter into an agreement under this chapter only with the legal owner of eligible property.

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II.

Prior to entering into an agreement with an owner of eligible property, the municipality shall determine that all property taxes and any other assessments levied with property taxes are current and that there are no involuntary liens such as mechanic's liens on the property in excess of $10,000 and which are not removed at the time of the close of the financing transaction. II-a. A property may be eligible for financing if otherwise qualified improvements were completed and operational no more than 36 months prior to submission of the application to the program administrator. Waivers to the 36-month requirement may be granted in the sole discretion of the program administrator.

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III.

Each mortgagee or lienholder shall have the right to determine in its sole discretion whether or not it will consent to such financing. The consents shall be in writing and recorded with the notice of assessment in the registry of deeds. The legal effect of having all consents shall be that the municipal lien shall not be extinguished in the event of a foreclosure or tax foreclosure or sheriff's sale by the mortgagee or lienholder as provided in RSA 53-F:8. Further, any provision of a deed of trust, mortgage, or any other agreement between a consenting lienholder and a property owner providing for the acceleration of any payment under the deed of trust, mortgage, or agreement solely as the result of entering into an agreement to finance an assessment is not enforceable; however, a holder or loan servicer may increase the monthly amount held in escrow as may be required to annually pay the assessment and the mortgage holder shall remit such amounts in the manner that property taxes are escrowed and remitted.

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IV.

The term of repayment shall not exceed 30 years. Source. 2010, 215:2, eff. Aug. 27, 2010. 2014, 294:4, eff. Sept. 30, 2014. 2015, 121:4, eff. June 8, 2015. 2025, 1:5, eff. March 10, 2025.

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Source note

Source. 2010, 215:2, eff. Aug. 27, 2010. 2014, 294:4, eff. Sept. 30, 2014. 2015, 121:4, eff. June 8, 2015. 2025, 1:5, eff. March 10, 2025.

Source history

  • 2010, 215:2, eff. Aug. 27, 2010
  • 2014, 294:4, eff. Sept. 30, 2014
  • 2015, 121:4, eff. June 8, 2015
  • 2025, 1:5, eff. March 10, 2025

Related materials

Bill relationships

  • 2026 HB1285 amend · effective 2026-10-15

    Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Energy Efficient and Clean Energy Districts; R-Pacer Commission. Amend RSA 53-F by inserting after section 8 the following new subdivision: Energy Efficient and Clean Energy Districts; R-Pacer Commission 53-F:9 R-Pacer Commission. I. There is established a commission to study if New Hampsh

  • 2026 HB595 amend

    h a property owner shall require that the property owner file a report confirming that all agreed upon improvements have been completed. 6 Eligibility of Property Owners. Amend RSA 53-F:5, II to read as follows: II. Prior to entering into an agreement with an owner of eligible property, the municipality shall determine that: (a) [all] All property taxes and any other assessments levied with property

  • 2026 HB595-FN amend

    h a property owner shall require that the property owner file a report confirming that all agreed upon improvements have been completed. 6 Eligibility of Property Owners. Amend RSA 53-F:5, II to read as follows: II. Prior to entering into an agreement with an owner of eligible property, the municipality shall determine that: (a) [all] All property taxes and any other assessments levied with property

  • 2026 SB440 reference

    l consist of the following statement or its substantial equivalent: "This property is subject to a special assessment related to the installation of qualifying improvements under RSA 53-F." 4 Effective Date. This act shall take effect upon its passage. HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Committees Voting Records Past Member Legislation Driving Directions IT He

  • 2026 SB590 add

    cing of energy conservation and efficiency and clean energy improvements by participating property owners in an energy efficiency and clean energy district established pursuant to RSA 53-F; [or] (g) Facilitating transactions relative to municipal group net metering[.]; or 3 Effective Date. This act shall take effect 60 days after its passage. LBA 26-2167 02/03/2026 SB 590-FN- FISCAL NOTE A

  • 2026 SB590-FN add

    cing of energy conservation and efficiency and clean energy improvements by participating property owners in an energy efficiency and clean energy district established pursuant to RSA 53-F; [or] (g) Facilitating transactions relative to municipal group net metering[.]; or 3 Effective Date. This act shall take effect 60 days after its passage. LBA 26-2167 02/03/2026 SB 590-FN- FISCAL NOTE A