Bill Text - HB550 (2021)

Relative to the nonpayment of rent during the state of emergency.


Revision: Jan. 12, 2021, 1 p.m.

HB 550  - AS INTRODUCED

 

 

2021 SESSION

21-0718

10/05

 

HOUSE BILL 550

 

AN ACT relative to the nonpayment of rent during the state of emergency.

 

SPONSORS: Rep. Conley, Straf. 13; Rep. Stapleton, Sull. 5; Rep. Andrew Bouldin, Hills. 12; Rep. Schultz, Merr. 18; Rep. Meuse, Rock. 29; Rep. Wilhelm, Hills. 42; Rep. Wazir, Merr. 17; Rep. McWilliams, Merr. 27; Rep. Fenton, Ches. 8; Rep. Labranche, Hills. 22; Sen. Watters, Dist 4

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes a procedure for a court to continue an eviction action for a residential property during the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0718

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the nonpayment of rent during the state of emergency.

 

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

 

1  New Section; Provisions Related to the State of Emergency.  Amend RSA 540 by inserting after section 9-a the following new section:

540:9-b  Provisions Related to the State of Emergency.  For the period of the state of emergency, in any possessory action under RSA 540 based on non-payment of one or more rental payments for a residential property that became due on or after March 19, 2020, upon a showing by the defendant that he or she has made an application for rental assistance under a federal, state, or local housing assistance program, the court shall continue the case for 30 days. If, prior to the expiration of the continuance period, the defendant, or a third party acting on his or her behalf makes or offers full payment of all rent which became due prior to the end of the continuance period, the possessory action shall be dismissed. The granting of a continuance shall not affect a tenant’s liability for unpaid rent except that he or she shall not be liable for late fees that were assessed after March 19, 2020.  For this section,  "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.

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