HB 232 – AS AMENDED BY THE HOUSE
27Mar2007… 0844h
2007 SESSION
05/01
HOUSE BILL 232
AN ACT relative to retaliatory rent increases and mediation of manufactured housing park disputes.
SPONSORS: Rep. Pilliod, Belk 5; Rep. D. Russell, Belk 6; Rep. Millham, Belk 5; Rep. D. Flanders, Belk 4
This bill prohibits rent increases based on judgments in manufactured housing park disputes. The bill also expands the type of relief available in manufactured housing disputes if the parties first seek to mediate the dispute in good faith.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0844h
07-0842
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to retaliatory rent increases and mediation of manufactured housing park disputes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Manufactured House Parks; Prohibitions; Rent Increase. Amend RSA 205-A:2 by inserting after paragraph XII the following new paragraph:
XIII. Impose a rent increase that is based, in whole or in part, on the cost to the park owner of a judgment or settlement of a claim arising under this chapter. This paragraph applies to both judgments and settlements of claims arising under this chapter regardless of whether the claims were filed in court or with the board of manufactured housing. No action shall be brought by a tenant under this paragraph if the total amount of all rent increases since the park owner was found to have violated this paragraph is less than $15.
2 New Section; Manufactured Housing Parks; Mediation. Amend RSA 205-A by inserting after section 2 the following new section:
205-A:2-a Mediation.
I. If a tenant seeks mediation of a dispute between the tenant and park owner relative to a violation of this chapter, and the park owner refuses the tenant’s request to mediate or is deemed by the mediator not to have mediated in good faith, and the tenant subsequently prevails in court to remedy the violation of this chapter, the court may:
(a) Award reasonable attorney’s fees.
(b) Order that the amount of the judgment be offset against any rent due from the tenant until such judgment is satisfied.
(c) Retain jurisdiction over the case for one year from the judgment.
II. If the tenant files an action in court against the park owner relative to a violation of this chapter without first seeking to mediate the dispute, the tenant shall not be entitled to an award of attorneys fees regardless of the outcome of the litigation.
3 Effective Date. This act shall take effect 60 days after its passage.