HB1247 (2020) Detail

(Second New Title) relative to mortgage defaults and nonpayment of rent during the novel coronavirus disease (Covid-19) outbreak state of emergency.


HB 1247 - VERSION ADOPTED BY BOTH BODIES

 

12Mar2020... 0687h

06/16/2020   1535s

 

2020 SESSION

20-2523

10/01

 

HOUSE BILL 1247

 

AN ACT relative to mortgage defaults and nonpayment of rent during the novel coronavirus disease (Covid-19) outbreak state of emergency.

 

SPONSORS: Rep. Conley, Straf. 13; Rep. Griffith, Hills. 18; Rep. Telerski, Hills. 35; Rep. Schultz, Merr. 18; Rep. Chase, Straf. 18; Rep. Vincent, Straf. 17; Rep. Wazir, Merr. 17; Rep. Kenney, Straf. 6

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill creates a duty of good faith and fair dealing for mortgage lenders.  This bill also prevents landlords from taking possessory actions for nonpayment of rent during the novel coronavirus disease (Covid-19) outbreak state of emergency.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0687h

06/16/2020   1535s 20-2523

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to mortgage defaults and nonpayment of rent during the novel coronavirus disease (Covid-19) outbreak state of emergency.

 

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

 

1  New Section; Aid to Assisted Persons.  Amend RSA 165 by inserting after section 4-b the following new section:

165:4-c  Eviction Notice Not Required.  The governing body and overseers of public welfare shall not require the issuance of an eviction notice before providing rental assistance.  An eviction notice may be required to assist the applicant in documenting emergency needs for emergency assistance, timely application and decision making and referrals to other agencies with eviction notice requirements for consideration of addition rent arrearage assistance.

2  New Section; Duty of Good Faith and Fair Dealing.  Amend RSA 479 by inserting after section 5 the following new section:

479:5-a  Duty of Good Faith and Fair Dealing.  A duty of good faith and fair dealing shall be implied in any loan secured by a mortgage of real estate, made by a bank, mortgage company, or any other financial institution.  Such duty shall arise at the inception of the loan and continues until the borrower has fully performed all of his or her obligations under the note and mortgage, or the mortgagee has completed the foreclosure process pursuant to this chapter.

3  Rooms in Rooming and Boarding Houses.  RSA 540:1-a, IV(a) is repealed and reenacted to read as follows:

(a)  Rooms in rooming and boarding houses which are rented to guests who have a primary residence in a different location.

4  New Section; Provisions Related to the State of Emergency Concerning the Novel Coronavirus Disease (Covid-19).  Amend RSA 540 by inserting after section 9-a the following new section:

540:9-b  Provisions Related to the State of Emergency Concerning the Novel Coronavirus Disease (Covid-19).  

I.  In this section:

(a)  "Landlord" means a property owner who meets the definition of landlord in RSA 540-A:1, I.

(b)  "State of emergency" means the State of Emergency Concerning the Novel Coronavirus Disease (Covid-19) Outbreak declared by the governor in executive order 2020-04 on March 13, 2020, and all extensions thereof.

II.  No landlord shall file a possessory action based on nonpayment of rent or other lawful charges set forth in the lease or rental agreement, which became due and payable, in whole or in part, during the state of emergency, unless he or she has made a written offer to permit the tenant to pay the entire arrearage in partial payments over a 6 month period beginning with the first rental period following the date of the offer.  Nothing in this paragraph shall preclude a possessory action for any other basis under the law.  

5  Effective Date.  This act shall take effect upon its passage.

Links

HB1247 at GenCourtMobile
HB1247 Discussion

Action Dates

Date Body Type
Jan. 14, 2020 House Hearing
Feb. 18, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote
June 9, 2020 Senate Hearing
June 9, 2020 Senate Hearing
Senate Hearing
June 16, 2020 Senate Floor Vote

Bill Text Revisions

HB1247 Revision: 8522 Date: June 30, 2020, 2:52 p.m.
HB1247 Revision: 8472 Date: June 17, 2020, 1:20 p.m.
HB1247 Revision: 8414 Date: March 30, 2020, 9:25 a.m.
HB1247 Revision: 6897 Date: Dec. 2, 2019, 1:15 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 15
Jan. 14, 2020 Public Hearing: 01/14/2020 11:00 am LOB 208
Jan. 30, 2020 Subcommittee Work Session: 01/30/2020 01:00 pm LOB 208
Feb. 18, 2020 Executive Session: 02/18/2020 01:00 pm LOB 208
March 11, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0687h for 03/11/2020 (Vote 12-7; RC) HC 10 P. 61
Majority Committee Report: Ought to Pass with Amendment # 2020-0687h (Vote 12-7; RC)
Minority Committee Report: Inexpedient to Legislate
March 12, 2020 Amendment # 2020-0687h: AA VV 03/12/2020
March 12, 2020 Ought to Pass with Amendment 2020-0687h: MA RC 188-108 03/12/2020
March 12, 2020 Introduced 03/12/2020 and Referred to Commerce; SJ 8
March 12, 2020 HB 1247 is vacated from Commerce and referred to Judiciary; (In recess 03/12/2020); SJ 8
June 9, 2020 Remote Hearing: 06/09/2020, 09:35 am; SC 22
June 9, 2020 Remote Hearing: 06/09/2020, 09:40 am, on proposed amendment # 2020-1363s; SC 22
Committee members will receive secure Zoom invitations via email. SC 22
Members of the public may attend using the following links: SC 22
1. To sign-in and/or speak in support or opposition, please register in advance by using this link: https://www.zoom.us/webinar/register/WN_GczpBlBoSO6SqCEMuhnt1A SC 22
2. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us SC 22
3. To listen via telephone: Dial(for higher quality, dial a number based on your current location): 1-301-715-8592, or 1-312-626-6799 or 1-929-205-6099, or 1-253-215-8782, or 1-346-248-7799, or 1-669-900¬6833 SC 22
4. Or iPhone one-tap: 19292056099,,94971632122# or +13017158592,,94971632122# SC 22
5. Webinar ID: 949 7163 2122 SC 22
6. To view/listen to this hearing on YouTube, use this link: https://www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA SC 22
The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: remotesenate@leg.state.nh.us or call (603-271-3043). SC 22
June 16, 2020 Committee Report: Ought to Pass with Amendment # 2020-1494s, 06/16/2020; SC 23
June 16, 2062 Committee Amendment # 2020-1494s, AF, VV; 06/16/2062; SJ 8
June 16, 2062 Sen. Chandley Floor Amendment # 2020-1535s, AA, VV; 06/16/2062; SJ 8
June 16, 2062 Ought to Pass with Amendment 2020-1535s, RC 14Y-10N, MA; OT3rdg; 06/16/2062; SJ 8
House Concurs with Senate Amendment MA RC (187-135) 06/30/2020
June 30, 2020 House Concurs with Senate Amendment (Rep. M. Smith): MA RC 187-135 06/30/2020
June 29, 2020 Enrolled (In recess 06/29/2020); SJ 9
June 30, 2020 Enrolled 06/30/2020