HB 232-FN – AS INTRODUCED
2011 SESSION
05/10
HOUSE BILL 232-FN
AN ACT relative to abandoned homes in manufactured housing parks.
SPONSORS: Rep. McConkey, Carr 3
COMMITTEE: Municipal and County Government
This bill provides that a demolition permit for abandoned manufactured housing shall not be denied on the basis of unpaid taxes. The municipality shall permit the housing to be relocated or demolished without the payment of back taxes if the proceeds from the sale of the housing are insufficient to pay the outstanding tax.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0710
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to abandoned homes in manufactured housing parks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Manufactured Housing; Notice to Lienholders. Amend RSA 205-A:4-a, VII to read as follows:
VII. A park owner or operator may commence eviction proceedings against a tenant at any time in accordance with the provisions of this chapter and may take possession of the space in the park occupied by such tenant following the issuance of a writ of possession, provided that if there is an eligible lienholder, it must be given written notice of the commencement of such proceedings and the eligible lienholder does not elect to assume responsibility for the payment of the rent and other charges within the 60-day period allowed by RSA 205-A:4-a, II. The park owner or operator shall have a lien on the manufactured housing of a tenant for the amount of all of the rent and other charges due from the tenant and of reasonable moving costs and storage charges if the park owner or operator removes the manufactured housing from the site, which lien shall take priority over all prior liens other than liens on account of real estate taxes and liens of eligible lienholders except as otherwise provided in RSA 205-A:4-a, IV and V. Such lien of the park owner or operator shall be in the nature of a security interest in manufactured housing as provided in RSA 477:44, IV. The park owner or operator may sell the manufactured housing as permitted by RSA 382-A:9 to recover the amount of its claim, subject to the homestead rights of the tenant as provided in RSA 480:1 unless waived by the tenant. A tenant shall be deemed to have waived the tenant's homestead rights if the tenant has executed a written waiver or if the rent and other charges due from the tenant are more than 60 days in arrears and the tenant has abandoned the premises, as evidenced by the absence of the tenant from the premises and the termination of any utility service serving the premises. Upon sale of the manufactured housing, the park owner or operator shall convey the manufactured housing by means of a deed or other document conforming to the requirements of RSA 477:44. The board of selectmen or assessors of the city or town [may] shall issue a statement that the manufactured housing may be relocated or demolished without the payment of the taxes assessed thereon as provided in RSA 80:2-a in the event the proceeds from the sale are insufficient to pay the full amount of the property tax outstanding, and in no event shall a demolition permit be denied on the basis of unpaid taxes. The costs of sale pursuant to RSA 382-A:9 shall be deducted from the proceeds of the sale and paid to the seller. Nothing contained in this section shall affect the obligations of the tenant to the park owner or operator under any rental or other agreement or the park rules.
2 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0710
Revised 03/10/11
HB 232 FISCAL NOTE
AN ACT relative to abandoned homes in manufactured housing parks.
FISCAL IMPACT:
The Department of Revenue Administration and the New Hampshire Municipal Association state this bill may increase local expenditures and decrease local revenues by an indeterminable amount in FY 2012 and each fiscal year thereafter. There will be no fiscal impact on state and county revenues or expenditures.
METHODOLOGY:
This bill prevents demolition permits for abandoned manufactured housing from being denied on the basis of unpaid taxes. This bill also requires municipalities to permit the relocation of abandoned manufacturing housing, without the payment of back taxes, in the event the proceeds from the sale of the housing are insufficient to pay the outstanding tax. The Department of Revenue Administration and the New Hampshire Municipal Association state the proposed legislation may increase local expenditures by an indeterminable amount in FY 2012, and each fiscal year thereafter, to the extent that municipalities incur additional costs to increase their efforts to collect unpaid taxes prior to the need for a manufactured housing unit’s demolition or sale. The Department and the Association also state the proposed legislation may decrease local revenues in FY 2012 and each fiscal year thereafter to the extent municipalities are unable to collect the full amount of a tax debt relative to a manufactured housing unit that has been sold for an amount insufficient to pay the associated tax liability or demolished. The Department and the Association are unable to estimate to what extent the proposed legislation may affect local expenditures or revenues.