Revision: July 18, 2024, 11:49 a.m.
July 11, 2024
2024-2364-EBA
09/05
Enrolled Bill Amendment to HB 1400
The Committee on Enrolled Bills to which was referred HB 1400
AN ACT relative to residential parking spaces, landlord-tenant law, unauthorized occupant evictions, and zoning procedures concerning residential housing.
Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.
FOR THE COMMITTEE
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Explanation to Enrolled Bill Amendment to HB 1400
This enrolled bill amendment makes grammatical corrections to the bill, and makes technical corrections to incorporate changes made by 2024, 46:1-2.
Enrolled Bill Amendment to HB 1400
Amend the introductory paragraph of RSA 540-A:1, II(b) through RSA 540-A:1, II(b)(1) as inserted by section 2 of the bill by replacing it with the following:
(b) “Implied tenant” means a person who occupies a dwelling unit with:
(1) The knowledge and consent of the lawful tenant; and
Amend the bill by replacing section 4 with the following:
4 Certain Specific Acts Prohibited. Amend RSA 540-A:3, VII-VIII 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. Prior to collecting any fee as part of the rental application or renewal process, the landlord shall clearly disclose, in writing to prospective tenants, the amount of the fee and the requirement for a satisfactory criminal background and credit check, if any. If such fee is collected from an applicant, but the unit is not rented to that applicant, the landlord shall return any amount beyond the actual cost of the documented background check, credit check, and/or reasonable administrative costs to the applicant within 30 days of receipt. Nothing in this paragraph shall require the landlord to conduct a criminal background or credit check or prohibit the landlord from renting to an applicant who does not pass the criminal background or credit check.
IX. 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.
Amend RSA 540-A:4, VI as inserted by section 6 of the bill by replacing line 3 with the following:
which a landlord or non-rental owner alleges a violation of RSA 540:3, IX, a hearing
Amend the introductory paragraph of RSA 540-A:4, VII(c) as inserted by section 6 of the bill by replacing it with the following:
(c) For purposes of RSA 540-A:3, IX:
Amend the bill by replacing section 7 with the following:
7 New Subparagraph; Remedies. Amend RSA 540-A:4, IX by inserting after subparagraph (f) the following new subparagraph:
(g) If the court finds that the plaintiff’s allegation of a violation of RSA 540-A:3, IX was not made in good faith, the defendant shall be awarded actual damages or $1000 whichever is greater.
Amend RSA 672:8, II as inserted by section 11 of the bill by replacing line 1 with the following:
II. In non-charter towns, village districts, and counties in which there are located
Amend RSA 674:16-a, II as inserted by section 13 of the bill by replacing line 1 with the following:
II. If a proposed residential use proposes to meet the on-site parking requirements prescribed by