Revision: May 14, 2010, midnight
SB 431 – AS AMENDED BY THE HOUSE
03/17/10 0962s
13May2010… 1746h
2010 SESSION
04/09
SENATE BILL 431
AN ACT relative to housing and tenancy protections for victims of domestic violence, sexual assault, or stalking.
SPONSORS: Sen. Houde, Dist 5; Sen. Odell, Dist 8; Sen. Kelly, Dist 10; Sen. Merrill, Dist 21; Sen. Fuller Clark, Dist 24; Rep. Rodd, Merr 5; Rep. Shurtleff, Merr 10; Rep. Welch, Rock 8
This bill prohibits lessors and owners of restricted property from terminating a tenancy or refusing to renew a tenancy based on the tenant or household member of a tenant having been a victim of domestic violence, sexual assault, or stalking.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/10 0962s
13May2010… 1746h
10-2837
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to housing and tenancy protections for victims of domestic violence, sexual assault, or stalking.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Termination of Tenancy. Amend RSA 540:2 by inserting after paragraph VI the following new paragraph:
VII.(a) No lessor or owner of restricted property shall terminate a tenancy solely based on a tenant or a household member of a tenant having been a victim of domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a, provided that the tenant or household member of a tenant who is the victim provides the lessor or owner with written verification that the tenant or household member of a tenant who is the victim has obtained a valid protective order against the perpetrator of the domestic violence, sexual assault, or stalking.
(b) A tenant who has obtained a protective order from a court of competent jurisdiction granting him or her possession of a dwelling to the exclusion of one or more other tenants or household members may request that a lock be replaced or configured for a new key at the tenant’s expense. The lessor or owner shall, if provided a copy of the protective order, comply with the request and shall not give copies of the new keys to the tenant or household member restrained or excluded by the protective order.
(c) A lessor or owner who replaces a lock or configures a lock for a new key in accordance with subparagraph (b) shall not be liable for any damages that result directly from the lock replacement or reconfiguration.
(d) If, after a hearing in the possessory action, the court finds that there are grounds under this section to evict the tenant or household member accused of the domestic violence, sexual assault, or stalking, it may issue a judgment in favor of the lessor or owner of the property against the person accused, and allow the tenancy of the remainder of the residents to continue undisturbed. The lessor or owner of the rental unit at issue in the possessory action shall have the right to bar the person accused of the domestic violence, sexual assault, or stalking from the unit and from the lessor’s or owner’s property once judgment in the possessory action becomes final against such person. Thereafter, and notwithstanding RSA 635:2, the person’s entry upon the lessor’s or owner’s property after being notified in writing that he or she has been barred from the property shall constitute a trespass.
(e) Nothing in this section shall preclude eviction for nonpayment of rent. A landlord may evict on any grounds set forth in RSA 540:2, II which are unrelated to domestic violence, sexual assault, or stalking.
(f) The defense set forth in subparagraph VII(a) shall be an affirmative defense to possessory actions brought pursuant to subparagraph II(b), (c), (d), or (e) of this section.
2 New Paragraph; Actions Against Tenants; Judgments. Amend RSA 540:14 by inserting after paragraph III the following new paragraph:
IV. If the court renders judgment against any one tenant or member of a multiperson household pursuant to RSA 540:2, VII(d), the court shall specify in its order that the writ of possession shall only be used to remove the tenant or household member against whom the judgment issued, and that the other tenants or household members may remain in residence.
3 Effective Date. This act shall take effect 90 days after its passage.