Revision: Nov. 16, 2017, 12:24 p.m.
HB 1715-FN - AS INTRODUCED
2018 SESSION
18-2491
10/04
HOUSE BILL 1715-FN
AN ACT relative to arbitrary and unreasonable rent increases in manufactured housing parks.
SPONSORS: Rep. Myler, Merr. 10; Rep. Luneau, Merr. 10; Rep. Wallner, Merr. 10; Rep. Williams, Hills. 4; Sen. Feltes, Dist 15
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill provides for a review by the board of manufactured housing of a rent increase in a manufactured housing park to determine if such increase was arbitrary and unreasonable.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2491
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to arbitrary and unreasonable rent increases in manufactured housing parks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Manufactured Housing Parks; Rent Increases. Amend RSA 205-A by inserting after section 6 the following new section:
205-A:6-a Arbitrary and Unreasonable Rent Increase.
I. Upon a petition signed by at least one adult member of 20 percent of the occupied households in a manufactured housing park, the board of manufactured housing established in RSA 205-A:25, may review a rent increase proposed by the owner of such park, and deny or modify such increase if it finds it to be arbitrary and unreasonable, provided however that it shall dismiss any petition if the rent increase at issue does not exceed:
(a) The increase in the Consumer Price Index for the New England Region as established by the United States Bureau of Labor Statistics since the most recent rent increase became effective; or
(b) The tenants' pro-rata share of the increase in property taxes since the most recent rent increase became effective.
II. In reviewing a rent increase that is petitioned by the tenants pursuant to paragraph I, the board shall consider:
(a) Increases in the cost of utilities paid by the park owner;
(b) The cost of capital improvements made at the park, and the financing thereof;
(c) Costs incurred by the park owner for usual and ordinary repairs of park facilities;
(d) The cost of additional services provided to tenants;
(e) The cost of services which have been transferred to park tenants.
III. In reviewing a petition filed pursuant to paragraph I, the board may consider any other information it deems relevant, including but not limited to:
(a) Increases in the park owners' operating expenses other than those described in paragraph II;
(b) Rents charged in other parks in the county in which the park is located; and
(c) Substandard conditions in the park.
IV. In reviewing a petition, the board shall not consider any costs to the park owner that are not attributable to the operations or financing of the park at issue.
2 Board of Manufactured Housing; Jurisdiction. Amend RSA 205-A:27, II to read as follows:
II. [Notwithstanding any other provision of law to the contrary,] The board shall [not] have jurisdiction over [any] issues relative to rent or rental increases [or] only as provided in RSA 205-A:6-a. The board shall not have any jurisdiction over evictions.
3 Effective Date. This act shall take effect January 1, 2019.
18-2491
11/15/17
HB 1715-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to arbitrary and unreasonable rent increases in manufactured housing parks.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | IndeterminableIIncrease |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill provides that upon a petition of at least one adult member of 20 percent of the occupied households in a manufactured housing park, the board of manufactured housing may review a proposed rent increase and modify or deny such increase if it finds it to be arbitrary and unreasonable, and within certain specified limits. The Office of Professional Licensure and Certification indicates the Board of Manufactured Housing obtains revenue from fees associated with complaints and any potential increase in new complaints received is indeterminable.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification