Revision: Jan. 23, 2025, 4:06 p.m.
SB 175 - AS INTRODUCED
2025 SESSION
25-1124
06/09
SENATE BILL 175
AN ACT relative to the use of covenants by municipalities.
SPONSORS: Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Sen. Pearl, Dist 17
COMMITTEE: Commerce
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ANALYSIS
This bill grants municipalities the authority to enforce private covenants while prohibiting municipalities and state government from requiring or encouraging covenants as a condition of zoning or land use approval, with exceptions made for workforce housing developments.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1124
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the use of covenants by municipalities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Private Covenants. Amend RSA 674 by inserting after section 76 the following new subdivision:
Private Covenants
674:77 Exception for Workforce Housing. This subdivision does not affect the authority granted to municipalities under RSA 674:60 to require restrictive covenants for workforce housing developments.
674:78 Municipal Authority. Municipalities may adopt ordinances that allow the enforcement of private covenants. These ordinances shall permit municipalities to enforce covenants enacted by past landowners or homeowners’ associations, provided such covenants remain valid under current law.
674:79 Prohibition on Required or Encouraged Covenants. Municipalities and state government shall be restricted from requiring or encouraging the establishment of covenants as a condition of any zoning or land use approval. Any covenants that are required or encouraged by town officials as a condition of approval shall be considered invalid.
2 New Paragraph; Procedure; Workforce Housing. Amend RSA 674:60 by inserting after paragraph IV the following new paragraph:
IV-a. The provisions of RSA 674:77 through 79 regarding the enforcement of private covenants and the prohibition on requiring or encouraging covenants as a condition of zoning or land use approval shall not apply to workforce housing developments as specified in this section.
3 Effective Date. This act shall take effect 60 days after its passage.