Revision: Jan. 16, 2019, 3:45 p.m.
HB 684-FN - AS INTRODUCED
2019 SESSION
19-0142
10/06
HOUSE BILL 684-FN
AN ACT relative to mediation of rent increases in manufactured housing parks.
SPONSORS: Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10; Rep. Wallner, Merr. 10
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill allows households in a manufactured housing park to petition for mediation of an arbitrary or unreasonable rent increase, with the mediator paid for by the park owner. This bill also requires that manufactured housing park tenants be provided with notice of opportunity for mediation concerning rent increases.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0142
10/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to mediation of 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 Mediation of Rent Increase; Notice Required.
I. Upon a petition signed by at least one adult member of not less than 20 percent of the occupied households in a manufactured housing park, the board of manufactured housing established in RSA 205-A:25, for a rent increase of not less than $15 per month, shall select a mediator and require the park owner to engage in mediation, with the cost of the mediator to be fully paid by the park owner.
II. In reviewing a rent increase, the mediator 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 rent increase, the a mediator 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. The mediator shall not consider any costs to the park owner that are not attributable to the operations or financing of the park at issue.
V. The mediator may deny or modify the rent increase if he or she finds that the increase is arbitrary or unreasonable.
VI. Every notice of rent increase issued by a park owner pursuant to RSA 205-A:6, I shall contain the following statement in 10 point bold face print:
IF YOU OBJECT TO THIS RENT INCREASE AS ARBITRARY OR UNREASONABLE YOU MAY BE ABLE TO PETITION THE BOARD OF MANUFACTURED HOUSING TO REQUIRE THE PARK OWNER TO ENGAGE IN MEDIATION, WITH THE COST OF THE MEDIATOR TO BE FULLY PAID BY THE PARK OWNER, IF:
a. AT LEAST ONE ADULT MEMBER OF NO LESS THAN 20% OF THE HOUSEHOLDS IN THE PARK SIGNS A PETITION REQUESTING MEDIATION; and
b. THE RENT INCREASE EXCEEDS $15 PER MONTH.
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 July 1, 2019.
19-0142
Redraft 1/16/19
HB 684-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to mediation of rent increases in manufactured housing parks.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification FUnd (RSA 310-A:1-e,I(b)) | ||||
METHODOLOGY:
This bill provides upon a petition signed by at least one adult member of not less than 20 percent of the occupied households in a manufacturing housing park and for a rent increase of not less than $15 per month, the Board of Manufactured Housing shall select a mediator and require the park owner to engage in mediation, with the cost of the mediator to be fully paid by the park owner. The Office of Professional Licensure and Certification (OPLC) indicates the Board of Manufactured Housing charges $25 for complaints brought before the Board. Providing the Board authority over complaints involving rent increases could increase restricted revenue generated by more complaints. Complaints before the Board are required to be heard within 60 days of when the complaint is received. The Board is required to meet every 90 days otherwise. Additional complaints necessitated by the bill may require the Board to meet more often and subsequently result in Board members submitting more mileage reimbursement to attend more meetings, increasing expenditures.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification