Bill Details - HB229 (2017)

HB 229 - AS INTRODUCED

 

 

2017 SESSION

17-0348

05/10

 

HOUSE BILL 229

 

AN ACT relative to shared facilities and homeless shelters.

 

SPONSORS: Rep. Beaudoin, Straf. 9

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes notice requirements for termination of tenancy in a homeless shelter.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0348

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to shared facilities and homeless shelters.

 

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

 

1 Shared Facilities and Homeless Shelters.  Amend the title of RSA 540-B to read as follows:

CHAPTER 540-B

RENTAL OF SHARED FACILITIES AND HOMELESS SHELTERS

2  Definitions; Shared Facilities and Homeless Shelters.  Amend RSA 540-B:1 to read as follows:

540-B:1  [Definition] Definitions; Shared Facility and Homeless Shelter.

I.  A "shared facility'' means real property rented for residential purposes which has separate sleeping areas for each occupant and in which each occupant has access to and shares with the owner of the facility one or more significant portions of the facility in common, such as kitchen, dining area, bathroom, or bathing area, for which the occupant has no rented right of sole personal use.

II.  A shared facility shall not include:

(a)  Facilities rented to transient guests intended for use of less than 90 days.

(b)  Rooms in hotels, motels, inns, tourist homes, and other dwellings rented for recreational or vacationing use.

(c)  Rooms provided ancillary to other primary purposes such as jails, student dormitories, nursing homes, hospitals, group homes, and emergency shelters.

(d)  A homeless shelter.

III.  A "homeless shelter" means a non-profit facility, the purpose of which is to provide housing to individuals who have no permanent residence or who have been displaced due to a natural or man made disaster.  A homeless shelter shall not include an emergency shelter that is set up to deal with a specific disaster.

3  New Section; Termination of Tenancy; Homeless Shelter.  Amend RSA 540-B by inserting after section 3 the following new section:

540-B:3-a  Homeless Shelter; Termination of Tenancy; Notice of Termination.

I.  The owner or agent of the owner of a homeless shelter may terminate any tenancy without stating any reason.  A written 72-hour notice of termination shall be required.

II.  The owner or agent of the owner of a homeless shelter may terminate any tenancy for nonpayment of rent.  A written 12-hour notice of termination shall be required.

III.  The owner or agent of the owner of a homeless shelter may immediately, without prior notice, terminate any tenancy for damage to the premises, flagrant violation of shelter rules, or behavior of the occupant or guest of any family member of the occupant which adversely affects the health or safety of the other occupants or the owner or the agent of the owner.

4  Shared Facilities and Homeless Shelters; Possessory Rights.  Amend RSA 540-B:6 to read as follows:

540-B:6  Possessory Rights.  The occupant shall have no possessory rights to any portion of a shared facility or homeless shelter.  The owner or agent of the owner may request law enforcement intervention for any behavior if such action is deemed necessary.  The law enforcement officer shall not be precluded from any normal response based on the fact of the rental agreement.

5  Effective Date.  This act shall take effect January 1, 2018.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 21
Jan. 19, 2017 Public Hearing: 01/19/2017 01:30 PM LOB 208
Jan. 19, 2017 Executive Session: 01/19/2017 LOB 208
Feb. 2, 2017 Committee Report: Inexpedient to Legislate for 02/02/2017 (Vote 15-0; CC) HC 9 P. 5
Feb. 2, 2017 Inexpedient to Legislate: MA VV 02/02/2017 HJ 5 P. 6

Action Dates

Date Body Type
Jan. 19, 2017 House Hearing
Jan. 19, 2017 House Exec Session
Feb. 2, 2017 House Floor Vote

Bill Text Revisions

HB229 Revision: 355 Date: Jan. 30, 2017, 11:52 a.m.