Revision: May 15, 2024, 9:27 a.m.
Commerce
May 14, 2024
2024-1962s
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, landlord-tenant law, and unauthorized occupant evictions.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Zoning and Planning; Grant of Power; Parking. Amend RSA 674:16 by inserting after paragraph V the following new paragraph:
VI. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate accessory parking for vehicles, but shall not require more than 2 residential parking spaces per unit.
2 Definition. Amend RSA 540-A:1, II to read as follows:
II. "Tenant" means a person to whom a landlord rents or leases residential premises, including manufactured housing or a space in a manufactured housing park.
(a) “Subtenant” means a person to whom a tenant rents or leases residential premises, including manufactured housing or a space in a manufactured housing park, if the tenant has authorization from the landlord to sublet.
(b) “Implied tenant” means a person who occupies a dwelling unit:
(1) With the knowledge and consent of the lawful tenant; and
(2) The knowledge and consent of the landlord but without a signed lease or rental agreement.
3 New Paragraph; Definition. Amend RSA 540-A:1 by inserting after paragraph III the following new paragraph:
IV. “Non-rental owner” means an owner or owner’s agent who does not rent or lease their property to others.
4 Certain Specific Acts Prohibited. Amend RSA 540-A:3, VII to read as follows:
VII. Other than residential real estate under RSA 540-A:4, VII(c) or RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.
VIII. No person or legal entity, that is not a tenant, subtenant, or implied tenant, as defined in RSA 540-A:1, II, shall occupy residential real estate without permission of the owner, landlord, or their agent.
5 Remedies. Amend RSA 540-A:4, II to read as follows:
II. Any tenant or landlord or non-rental owner may seek relief from a violation of RSA 540-A:2 or RSA 540-A:3 by filing a petition in the district or county where the rental premises are located.
6 Remedies. Amend RSA 540-A:4, VI - VII to read as follows:
VI. The court shall hold a hearing within 30 days of the filing of a petition under paragraph II or within 10 days of service of process upon the defendant, whichever occurs later. In cases in which a landlord or non-rental owner alleges a violation of RSA 540:3, VIII, a hearing shall be held within 48 hours, provided that service of the petition was made at the abode or in hand on the day the court entered the petition. If the return of service does not show same day service, the hearing shall be held within 48 hours from the date of service. The court may continue the hearing at the request of the plaintiff, or for compelling necessity established by the defendant. If the property is the personal residence of a non-rental owner, and the defendant requests a continuance, upon granting such a continuance, the court shall issue temporary orders requiring the defendant to vacate or be removed from the real estate pending the hearing on the merits. The court shall make its best efforts to render a decision on the matter the same day as of the hearing on the merits.
VII. Upon a showing of a violation of RSA 540-A:2 or RSA 540-A:3, I, II, or III, the court shall grant such relief as is necessary to protect the rights of the parties. Such relief may include:
(a) An order prohibiting the defendant from continuing the activity or activities which violate RSA 540-A:2 or RSA 540-A:3; and
(b) An award of damages to the plaintiff for the violations of RSA 540-A, breach of warranty of habitability, breach of the covenant of quiet enjoyment or any other claim arising out of the facts alleged in the plaintiff's petition.
(c) For purposes of RSA 540-A:3, VIII:
(1) When the defendant claims to be a subtenant or an implied tenant, the defendant shall bear the burden of proof to establish such status. Evidence to prove tenancy may include, but is not limited to:
(A) An unexpired written lease signed and dated by the tenant and landlord or the tenant and landlord’s agent;
(B) A copy of canceled checks or money orders dated within one month of date-of-offer of such proof, indicating it was paid to the landlord or landlord’s agent and which was made by, or on behalf of, the tenant;
(C) A copy of cash rent receipts dated within one month of date-of-offer of such proof, that was signed and dated by the landlord or landlord’s agent;
(D) Written proof of rent payment made within one month of date-of-offer of such proof from Venmo, ACH payment, EFT payment, or other electronic direct payment methods to the account of the landlord or landlord’s agent;
(F) Copy of emails, texts, or other electronic messages which when taken together establish an agreement between the landlord or landlord’s agent that the occupant may reside at the premises.
(2) This subparagraph shall not be construed to prevent an occupant claiming to be an implied tenant from presenting evidence in support of their claim that based on the totality of the circumstances the landlord, landlord’s agent, or non-rental owner impliedly agreed to allow the occupant to reside at the premises.
(3) By itself, evidence of utilities, other services, IDs, or documents showing the address of the residence shall not be sufficient evidence without authorizing documentation from the lessor or the non-rental owner.
(4) In all cases if the court rules in favor of the plaintiff, the court shall order the immediate removal of the unauthorized occupants by law enforcement and the plaintiff shall be awarded actual damages or $1000, whichever is greater.
(5) If the court finds that the occupant sublet from the tenant but the lease between the landlord and the tenant prohibits subletting, and the occupant failed to establish being an implied tenant, the plaintiff may dispose of any remaining personal property as they see fit after 48-hours notice to the occupants. Notwithstanding RSA 540-A:4, VII(c)(4), in such cases damages shall not be awarded to the plaintiff.
(6) In all other cases of non-rental property and rental property, plaintiff may dispose of any remaining personal property as they see fit and without notice to the occupants and occupants may be arrested for trespass.
(7) If the court rules in favor of the occupants, then the occupants shall not be removed from the premises. Such ruling shall be without prejudice to any subsequent possessory action filed pursuant to RSA 540.
7 New Subparagraph; Remedies. Amend RSA 540-A:4, IX by inserting after subparagraph (e) the following new subparagraph:
(f) If the court finds that the plaintiff’s allegation of a violation of RSA 540-A:3, VIII was not made in good faith, the defendant shall be awarded actual damages or $1000 whichever is greater.
8 Effective Date. This act shall take effect January 1, 2025.
2024-1962s
AMENDED ANALYSIS
This bill:
I. Provides that zoning and planning regulations shall not require more than 2 residential parking space per unit.
II. Defines the terms “tenant,” “subtenant,” “implied tenant,” and “non-rental owner,” and specifies the rights and obligations of each party in cases of evictions of unauthorized occupants.
III. Provides remedies for violations of landlord-tenant law and unauthorized occupancy evictions.