Revision: April 3, 2023, 10:38 a.m.
SB 203 - AS AMENDED BY THE SENATE
03/16/2023 0854s
2023 SESSION
23-0867
09/10
SENATE BILL 203
AN ACT relative to the composition and jurisdiction of the manufactured housing board.
SPONSORS: Sen. Avard, Dist 12
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill changes the membership of the board of manufactured housing, increases the board's jurisdiction to matters under RSA 301-A on consumers cooperative associations, and gives tenant associations standing with the board of manufactured housing.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/2023 0854s 23-0867
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the composition and jurisdiction of the manufactured housing board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Board Established; Members; Terms; Chairperson. Amend RSA 205-A:25, I through IV to read as follows:
I. There is hereby created a board of manufactured housing consisting of [9] 5 members. The members of the board shall be:
(a) Two [public] members[,] from investor owned parks chosen from a list of 3 persons nominated by the New Hampshire Manufactured Housing Association, and appointed by the governor.
(b) Two members, one member from a list of 3 persons nominated by the New Hampshire Community Loan Fund, who are residents of a resident-owned community, one member from a list of 3 persons nominated by Mobile/Manufactured Homeowner and Tenants Association of New Hampshire, with both members appointed by the governor[, from a list of 3 persons nominated by the New Hampshire Manufactured Housing Association].
(c) One neutral member from a list of 3 persons nominated by the Housing Action NH appointed by the governor[, from a list of 2 persons nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire].
[(d) One member appointed by the governor who is a resident of a manufactured housing park who is not a member of the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.
(e) One member of the New Hampshire Bar Association, appointed by the president of such association.
(f) Two members of the house of representatives, appointed by the speaker of the house.]
II. [Except for the legislative members, each] Each person shall serve for a 3-year term and until a successor is appointed and qualified, provided, however, that the initial appointments shall be as follows: the 2 [public] members representing the investor-owned park shall be appointed to 3-year terms, the [resident] members representing the residents of a manufactured housing park and the member representing the resident owners park shall serve a 2-year term and the [members from the housing associations, the tenants association and the bar association shall serve one-year terms. The legislative members shall serve terms which are coterminous to their terms in the general court] member from the Housing Action NH shall serve a one-year term.
III. The chairperson shall be chosen from among the members at the initial organizational meeting and shall serve [at the pleasure of the members of the board] no more than 2 consecutive terms of 2 years.
IV. If there is a vacancy on the board, the provisions of RSA 21:33-a and 21:34 shall apply to the public members, as well as to the members appointed pursuant to subparagraphs I(b) through (f).
2 Jurisdiction; Procedure. Amend RSA 205-A:27, I to read as follows:
I.(a) The board shall hear and determine matters involving manufactured housing park rules, specifically RSA 205-A:2, RSA 205-A:7, and RSA 205-A:8, and following the provisions of RSA 301-A:20 through and including RSA 301-A:24, including a dispute resolution process to resolve conflicts in both investor-owned and resident-owned manufactured housing communities.
(b) The office of professional licensure and certification shall field all complaints and determine the need for a hearing on any such complaint. Any aggrieved party may forgo the office of professional licensure and certification hearing and request a hearing in the superior court. Any party may appeal a decision by the office of professional licensure and certification to not hold a hearing to the superior court to request a hearing.
3 Jurisdiction; Procedure. Amend RSA 205-A:27, I-b to read as follows:
I-b. If a park owner promulgates a park rule which the board finds unreasonable as applied to the facts of a specific case, [but] and the board affirmatively finds that such rule does not violate any provision of RSA 205-A:2, I-X, no damages, civil penalty, or attorneys fees shall be awarded to the tenant notwithstanding the provisions of RSA 205-A:12, 205-A:12-a, 205-A:13-a, or 358-A.
4 Jurisdiction; Procedure. Amend RSA 205-A:27, IV(a) to read as follows:
IV.(a) Any resident of a manufactured housing park, [or] any owner of a manufactured housing park, or a tenants association of a manufactured housing park may petition the board by filing a complaint with the board and paying a $25 filing fee which shall be used to defray the costs of the board. Such filing fee may be waived by the board if the board determines that such fee will cause an unfair financial burden on the petitioner. After review of the claim and a decision by the board that the matter has merit and is not frivolous, the board shall schedule a hearing within 60 days from the receipt of the claim. If the board finds the claim to be without merit or to be frivolous, it shall dismiss the complaint and explain in writing to the complainant its reasons for dismissing the complaint.
5 Effective Date. This act shall take effect 60 days after its passage.
23-0867
Amended 3/31/23
SB 203- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2023-0854s)
AN ACT relative to the composition and jurisdiction of the manufactured housing board.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2023 through 2026.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification