HB1247 (2020) Compare Changes


The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.
The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

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 RSA 540:1-a, IV(a) is repealed and reenacted to read as follows: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.

Changed Version

Text to be added highlighted in green.

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.