Revision: March 18, 2011, midnight
SB 70-FN – AS AMENDED BY THE SENATE
03/16/11 0866s
2011 SESSION
05/09
SENATE BILL 70-FN
AN ACT relative to remedies in landlord-tenant actions.
SPONSORS: Sen. De Blois, Dist 18
This bill shortens the time period during which a landlord is required to store a tenant’s abandoned property. The bill also reduces the amount of damages available for violations of the requirement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/11 0866s
11-1000
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to remedies in landlord-tenant actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibited Practices and Security Deposits; Storage of Tenant’s Personal Property. Amend RSA 540-A:3, VII to read as follows:
VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of [28] 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the [28-day] 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.
2 Remedies. Amend RSA 540-A:4, IX(b) to read as follows:
(b) Notwithstanding the provisions of subparagraph (a), a landlord who violates RSA 540-A:3, VII shall be subject only to an award of actual damages, plus costs and reasonable attorneys fees.
(c) The provisions of subparagraph (a) shall not apply to petitions brought in good faith by a landlord or a tenant to determine whether a request for entry under RSA 540-A:3, V is reasonable and lawful.
3 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-1000
Revised 02/15/11
SB 70 FISCAL NOTE
AN ACT relative to remedies in landlord-tenant actions.
FISCAL IMPACT:
The Judicial Branch and the New Hampshire Municipal Association state this bill may decrease state general fund and local expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on state, county, and local revenues, or county expenditures.
METHODOLOGY:
The Judicial Branch states this bill shortens the time period during which a landlord is required to store a tenant’s abandoned property from 28 to 7 days and repeals the right to a private action under the Consumer Protection Act for violation of certain landlord – tenant laws. The Branch states the proposed legislation would not eliminate cases from the court system as landlords and tenants would still have rights under RSA 540-A:4, II to seek relief for violations of the statute amended by the proposed legislation. However, the Branch notes the shortening of the time period in which a landlord is responsible for the storage of a tenant’s abandoned property from 28 to 7 days could impact the number of cases brought. The Branch is unable to estimate the potential change in the number of cases brought and is therefore unable to estimate the fiscal impact resulting from the shortening of the time period. The Branch also notes the proposed legislation removes the right to a private action under the Consumer Protection Act for violations of the amended statute. The Branch states since civil actions under the Consumer Protection Act have the potential for treble damages; they tend to require lengthier and more complicated proceedings. The Branch states to the extent the proposed legislation results in shorter less complicated proceedings to resolve violations of the amended statute, state expenditures will be reduced. The Branch is unable to estimate to what extent the proposed legislation will result in shorter less complicated proceedings and therefore unable to estimate the ensuing reduction in state expenditures.
The New Hampshire Municipal Association states to the extent municipalities may serve as landlords, the proposed legislation may result in reduced storage fees.
The New Hampshire Association of Counties states this bill will have no fiscal impact on county revenues or expenditures.