Bill Text - HB1589 (2018)

Relative to actions against tenants for a caregiver under an agreement for a person with disabilities.


Revision: Nov. 13, 2017, 9:28 a.m.

HB 1589 - AS INTRODUCED

 

 

2018 SESSION

18-2369

10/05

 

HOUSE BILL 1589

 

AN ACT relative to actions against tenants for a caregiver under an agreement for a person with disabilities.

 

SPONSORS: Rep. Almy, Graf. 13; Rep. Gottling, Sull. 2; Rep. Kotowski, Merr. 24; Rep. McMahon, Rock. 7; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Hennessey, Dist 5

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill excludes from the definition of tenancy occupancies where a caregiver providing care to a person with disabilities under a written agreement may be ordered to vacate.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2369

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to actions against tenants for a caregiver under an agreement for a person with disabilities.

 

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

 

1  New Subparagraph; Actions Against Tenants; Definition of Tenancy; Caregiver.  Amend RSA 540:1-a, IV by inserting after subparagraph (g) the following new subparagraph:

(h)  Occupancies in which the occupant is hired to provide care or assistance for a person with disabilities.  In such cases, if the person with disabilities or his or her legal guardian no longer wishes the assistance of the caregiver, he or she may order the caregiver to vacate the premises without legal process required as a tenant under this chapter, provided however that:

(1)  There is a written agreement specifying that care or assistance authorizes summary ejection of the caregiver; and

(2)  The caregiver is given written notice directing him or her to vacate the premises in not less than 72 hours; and

(3)  If the agreement between the parties provides for compensation for the care provider beyond free housing, prior to the time the caregiver vacates the premises, the person with disabilities or the legal guardian pays the caregiver any money due under the agreement for services rendered.

2  Effective Date.  This act shall take effect 60 days after its passage.