Revision: Feb. 10, 2022, 12:05 p.m.
Commerce
February 10, 2022
2022-0646s
08/04
Amendment to SB 249
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Zoning Ordinance; Grant of Power. Amend RSA 674:16 by inserting after paragraph V the following new paragraph:
VI. Notwithstanding any provision of law to the contrary, no legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places, shall prohibit the use of a building or structure as a vacation rental or short-term rental nor prohibit the use of such structure or building as a vacation or short-term rental based on the structure or building’s classification, use, or occupancy. “Short-term rental’ or “vacation rental“ means any single-family or 2-family building or structure, regardless of how it is owned or occupied and regardless of whether the building or structure is conforming or non-conforming, or offered in whole or in part for rental or transient use. “Vacation rental“ or “short-term rental“ shall not mean recovery residences nor any nonresidential use, including but not limited to, retail, restaurant, banquet, event hosting, hotels, motels or other similar nonresidential uses. Nothing in this paragraph shall limit a municipality’s existing authority to generally regulate parking, noise, safety, health, sanitation, or other related municipal ordinances under duly adopted ordinances and regulations authorized under state statute.
2 New Section; Powers of Towns; Ordinances; Short-term Rentals. Amend RSA 31 by inserting after section 103-a the following new section:
31:103-b Short-Term Rentals.
I. A municipality may adopt an ordinance requiring an owner of residential property who wishes to utilize the property for a vacation rental or short-term rental as defined in RSA 674:16, VI to file, within 30 days of advertising such rental, a registration form with the town or city clerk of the municipality in which the property is located providing the name, address and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the rental property. Such person may be the owner of the property. A municipality may establish a reasonable fee to cover the cost to the town or city clerk of maintaining a record of the filings.
II. A municipality may adopt an ordinance which requires an inspection of the property to determine if the property meets the minimum housing standards in RSA 48-A:14 or fire warning device and carbon monoxide detection device as required in RSA 153:10-a, II. A property which has filed a registration form with the municipality may be rented until an inspection and finding have been issued. A municipality may establish a reasonable fee to cover all costs to the municipality of conducting an inspection.
III. A municipality which has adopted an ordinance requiring registration shall not revoke that registration unless the property has 2 or more proven violations of ordinances impacting the health, safety, sanitation, noise, parking or other related municipal ordinances.