HB1565 (2006) Detail

Relative to evictions in cases involving incidents of domestic violence.


HB 1565 – AS AMENDED BY THE HOUSE

08mar06… 1191h

2006 SESSION

06-2895

05/03

HOUSE BILL 1565

AN ACT relative to evictions in cases involving incidents of domestic violence.

SPONSORS: Rep. Morrison, Belk 2; Rep. J. Tilton, Merr 6; Rep. Julie Brown, Straf 1

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill grants the court discretion, in certain cases of domestic violence, to permit the victim’s tenancy to continue.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08mar06… 1191h

06-2895

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to evictions in cases involving incidents of domestic violence.

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

1 New Paragraph; Actions Against Tenants; Relief in Cases Involving Incidents of Domestic Violence. Amend RSA 540:14 by inserting after paragraph III the following new paragraph:

IV. In any action for termination of tenancy under RSA 540:2, II(c) or (d), where the sole basis is a single occasion of domestic violence pursuant to RSA 173-B and there is no threat of violence to others living outside the rental unit from which the domestic violence emanated, the judge shall have the discretion to allow the victim’s tenancy to continue and to make such orders as justice may require. The court may re-open the action upon the lessor or owner’s complaint of a subsequent incident of domestic violence within one year from the first incident. Nothing in this paragraph shall prohibit the lessor or owner from proceeding with a termination of tenancy under RSA 540:2, II(c) or (d) based on a subsequent incident.

2 Effective Date. This act shall take effect January 1, 2007