Revision: March 30, 2020, 9:43 a.m.
HB 1539 - AS AMENDED BY THE HOUSE
12Mar2020... 0029h
2020 SESSION
20-2607
01/06
HOUSE BILL 1539
AN ACT relative to the relocation of children with elevated lead levels.
SPONSORS: Rep. Long, Hills. 10
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill establishes procedures for the relocation of children with elevated lead levels.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0029h 20-2607
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the relocation of children with elevated lead levels.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Lead Paint Poisoning Prevention and Control; Relocation of Tenants. RSA 130-A:8-a, I is repealed and reenacted to read as follows:
I. Within 45 days of receiving an order for lead hazard reduction from the commissioner pursuant to RSA 130-A:5, I(c) the owner shall make an unconditional written offer to facilitate relocation of the tenant until such time as the department approves the premises for re-occupancy. The offer shall include the following:
(a) An offer to prorate the tenant’s rent for the month in which the tenant temporarily vacates the premises, and to return the portion paid by the tenant for the days after the tenant has left the premises.
(b) An offer to relocate the tenant to an adequate temporary dwelling that does not contain lead hazards, and to pay the difference between the tenant’s rent for the temporary dwelling, and the tenant’s rent at the time the landlord received the order from the department, until the department approves the dwelling for re-occupancy. The offer shall inform the tenant that if the tenant independently locates a temporary replacement dwelling the maximum monthly payment for which an owner shall be liable is the difference between the tenant’s current rent and the fair market rent established annually by the United States Department of Housing and Urban Development, for a unit with the same number of bedrooms in the tenant’s current apartment.
(c) An offer to pay reasonable moving and/or storage costs, including moving costs incurred by the tenant in re-occupying the premises.
(d) An offer to give the tenant a right to resume his or her tenancy when the dwelling is approved for re-occupancy.
(e) An offer to immediately rescind the existing lease if the tenant chooses not to re-occupy the premises.
I-a. Within 15 days of receiving an order for lead hazard reduction from the commissioner pursuant to RSA 130-A:5, I(c), the owner shall provide written notice to the tenant that within no more than 45 days from the date of the order, and prior to commencing any lead hazard reduction measures, the tenant shall receive an offer to help with temporary relocation for the duration of time that lead hazard reduction measures are being carried out at the premises, and that such offer shall, if necessary, include:
(a) Moving assistance.
(b) Storage costs.
(c) The additional cost of the temporary dwelling.
2 New Paragraph; Lead Paint Poisoning Prevention and Control; Lump Sum Payment. Amend RSA 130-A:8-a by inserting after paragraph III the following new paragraph:
III-a. As an alternative to the measures and payments required by paragraph RSA 130-A:8, I, I-a, and II, and notwithstanding provisions of RSA 540:28, the parties may agree to a lump sum payment for the tenant to permanently vacate the premises. Each such agreement shall be in writing and shall provide as follows:
(a) One half of the sum agreed to by parties shall be paid within 72 hours of the parties reaching the agreement.
(b) The remainder of the sum agreed to shall be paid within 48 hours of tenant vacating the property along with tenant’s full security deposit regardless of any damage to the property or rental arrears, provided that the tenant vacates by the date stipulated in the agreement.
3 New Paragraph; Prohibited Practices and Security Deposits; Certain Specific Acts Prohibited. Amend RSA 540-A:3 by inserting after paragraph VII the following new paragraph:
VIII. No landlord shall willfully violate the requirements of RSA 130-A:8, I. It shall be a defense to any action brought under this paragraph that:
(a) The tenant unreasonably failed to accept an offer from the owner that complied with the requirements of RSA 130-A:8-a, I; or
(b) That, notwithstanding the owner’s good faith efforts, the owner was unable to locate an adequate temporary dwelling as set forth in RSA 130-A:8-a, I(c), and that the owner did not unreasonably refuse to provide the assistance required by RSA 130-A:8, I for a dwelling that the tenant located independently.
4 New Subparagraph; Prohibited Practices and Security Deposits; Remedies. Amend RSA 540-A:4, IX by inserting after subparagraph (e) the following new subparagraph:
(f) For a violation of RSA 540-A:4, VIII, the provisions of RSA 540-A:4, IX(a) shall apply provided however that each 10-day period that a violation continues after the issuance of a temporary order shall constitute a separate violation.
5 New Subparagraph; Action Against Tenants; Termination of Tenancy. Amend RSA 540:2, II by inserting after subparagraph (g) the following new subparagraph:
(h) Failure of the tenant to vacate the premises as required by an agreement made pursuant to RSA 130-A:8-a.
6 Action Against Tenants; Eviction Notice. Amend RSA 540:3, II to read as follows:
II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), [or] (d), or h.
7 Effective Date. This act shall take effect 90 days after its passage.