Revision: April 30, 2024, 4:37 p.m.
Sen. Bradley, Dist 3
April 25, 2024
2024-1658s
06/08
Amendment to HB 1400
Amend the title of the bill by replacing it with the following:
AN ACT relative to residential parking spaces and the removal of unauthorized occupants of residential real property.
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:
2 New Chapter; Unauthorized Occupation of Residential Real Property. Amend RSA by inserting after chapter 540-C the following new chapter:
CHAPTER 540-D
Unauthorized Occupation of Residential Real Property
540-D:1 Findings and Purpose. The general court finds that the right to exclude others from entering, and the right to direct others to immediately vacate, residential real property is among the most important real property rights. The general court further finds that existing remedies regarding unauthorized persons who unlawfully remain on residential real property fail to adequately protect the rights of the property owner. The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.
540-D:2 Limited Alternative Remedy to Remove Unauthorized Persons from Residential Real Property.
I. A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:
(a) The requesting person is the property owner or authorized agent of the property owner.
(b) The real property that is being occupied includes a residential dwelling.
(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.
(d) The real property was not open to members of the public at the time the unauthorized person or persons entered.
(e) The property owner has directed the unauthorized person or persons to leave the property.
(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.
(g) The unauthorized person or persons are not immediate family members of the property owner.
(h) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
II. To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or his or her authorized agent shall submit a complaint by presenting a completed and verified complaint to remove persons unlawfully occupying residential real property to the sheriff of the county in which the real property is located. The submitted complaint shall be in substantially the form set forth under this chapter.
540-D:3 Complaint Form to Remove Persons Unlawfully Occupying Residential Real Property.
I. The complaint form required for submission to the sheriff of the subject county in RSA 540-D:3 shall be in substantially the form set forth below:
COMPLAINT TO REMOVE PERSONS UNLAWFULLY
OCCUPYING RESIDENTIAL REAL PROPERTY
I, the owner or authorized agent of the owner of the real property located at ______, declare under the penalty of perjury that (initial each box):
1. _____ I am the owner of the real property or the authorized agent of the owner of the real property.
2. _____ I purchased the property on _____
3. _____ The real property is a residential dwelling.
4. _____ An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.
5. _____ The real property was not open to members of the public at the time the unauthorized person or persons entered.
6. _____ I have directed the unauthorized person or persons to leave the real property, but they have not done so.
7. _____ The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.
8. _____ The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.
9. _____ The unauthorized person or persons are not immediate family members of the property owner.
10. _____ There is no litigation related to the real property pending between the property owner and any person sought to be removed.
11. _____ I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.
12. _____ I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property.
13. _____ A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner’s behalf are attached.
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN RSA 641:1.
...(Signature of Property Owner or Agent of Owner)...
540-D:4 Sheriff Service, Fees, Limitation of Liability
I. Upon receipt of a complaint in substantially the same form as required under this chapter, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this chapter. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants of the subject real property and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.
II. The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under RSA 527:13. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or his or her authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.
540-D:5 Cause of Action; Other Rights and Authorities.
I. A person may bring a private right of action for wrongful removal under this chapter. A person harmed by a wrongful removal under this chapter may be restored to possession of the real property and may recover actual costs, damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.
II. This chapter does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes
2024-1658s
AMENDED ANALYSIS
This bill:
I. Provides that zoning and planning regulations shall not require more than one residential parking space per unit.
II. Allows property owners or their authorized agents to request the immediate removal of unauthorized occupants by submitting a verified complaint to the sheriff of the county where the property is located.