Revision: June 6, 2024, 2:40 p.m.
June 6, 2024
2024-2295-CofC
06/08
Committee of Conference Report on HB 1400, relative to residential parking spaces, landlord-tenant law, unauthorized occupant evictions, and zoning procedures concerning residential housing.
Recommendation:
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend RSA 674:16, VI as inserted by section 1 of the bill by replacing it with the following:
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 1.5 residential parking spaces per unit for studio and one bedroom units under 1000 square feet that meet the requirements for workforce housing under RSA 674:58 IV, and shall not require more than 1.5 residential parking spaces per unit for multi-family developments of 10 units or more.
Amend the bill by replacing section 2 with the following:
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.
II-a. Nothing in this section shall be construed to prevent the arrest and prosecution of a person or persons, pursuant to RSA 635:1 or RSA 635:2.
Amend the bill by replacing section 5 with the following:
5 Remedies. Amend RSA 540-A:4, II to read as follows:
II. Any tenant or landlord [may] or non-rental owner shall have the right to 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.
II-a. Nothing in this section shall be construed to extinguish any common law remedies, including self-help, available to a non-rental owner.
Amend section 10 of the bill by replacing it with the following:
10 New Subparagraph; Definition of Qualifying Structure. Amend RSA 79-E:2, II by inserting after subparagraph (f) the following new subparagraph:
(g) In a city or town that has adopted the provisions of RSA 79-E:4-d, "qualifying structure" also means a building or structure being used for office use, in whole or in part, if such use is converted to residential use, in whole or in part, in an office conversion zone established under RSA 79-E:4-d. Nothing in this section shall affect the governing or legislative body’s existing consultation process with the planning board.
Amend RSA 674:16-a, I(c) as inserted by section 13 of the bill by replacing it with the following:
(c) “Alternative parking solution” means a proposal by an applicant to meet the parking demand created by a proposed residential use which is a substitute for meeting the on-site parking requirements prescribed by a zoning ordinance, site plan review regulation, subdivision regulation, or innovative land use control. Alternative parking solutions shall include, but not be limited to: (1) an agreement for the provision of off-site parking spaces with another owner of real property during hours which the off-site parking spaces are not in use within a quarter of a mile of the proposed residential use, (2) agreement with a rideshare company to provide transportation to the occupants of the proposed residential use, (3) availability of public transportation including fixed-route bus service within a quarter of a mile of the proposed residential use, or (4) location in a district officially designated in a municipality's master plan, or by zoning ordinance, as a downtown, town center, central business district, or village center in which there is adequate walkability infrastructure. The planning board shall not be required to approve the alternative parking solution if the results of the third-party review under RSA 676:4-b, I, conclude that the proposed alternative parking solution will not meet the parking demand created by the proposed residential use. Planning boards shall have the authority under RSA 674:16-a to approve residential uses with alternative parking solutions which may be inconsistent with the requirements of their zoning ordinance.
Amend the bill by replacing all after section 13 with the following:
14 Repeal. RSA 79-E:4-d, relative to office conversion zones, is repealed.
I. Sections 1 through 7 shall take effect January 1, 2025.
II. Section 14 of this act shall take effect January 1, 2035.
III. The remainder of this act shall take effect July 1, 2024.
The signatures below attest to the authenticity of this Report on HB 1400, relative to residential parking spaces.
Conferees on the Part of the Senate Conferees on the Part of the House
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Sen. Gannon, Dist. 23 Rep. Alexander Jr., Hills. 29
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Sen. Bradley, Dist. 3 Rep. McWilliams, Merr. 30
_________________________________________ _______________________________________
Sen. Perkins Kwoka, Dist. 21 Rep. Sweeney, Rock. 25
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Rep. D. Mannion, Rock. 25
2024-2295-CofC
This bill:
I. Limits restrictions that municipalities may place on required residential parking spaces.
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.
IV. Establishes a tax relief program for office conversion to residences; enables municipalities to allow its governing body to adopt certain zoning ordinance changes; and adds additional authority in zoning powers for parking requirements and lot size requirements related to sewer infrastructure.