HB 1619 - AS INTRODUCED
2026 SESSION
26-2588
06/05
HOUSE BILL 1619
SPONSORS: Rep. Soti, Rock. 35; Rep. Warden, Hills. 39; Rep. Aures, Merr. 13; Rep. Tom Mannion, Hills. 1; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Sellers, Graf. 10; Rep. Noble, Hills. 2; Rep. Ulery, Hills. 13; Rep. Polozov, Merr. 10; Rep. Slottje, Hills. 13; Sen. Murphy, Dist 16
COMMITTEE: Housing
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ANALYSIS
This bill affirms, codifies, and attempts to clarify property owners’ rights and municipal limits on regulation. This bill also repeals the workforce housing program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2588
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Property Owners' Rights and Land Use Protections. Amend RSA by inserting after chapter 674 the following new chapter:
CHAPTER 674-A
PROPERTY OWNERS' RIGHTS AND LAND USE PROTECTIONS
674-A:1 Purpose. The purpose of this chapter is to affirm and protect the fundamental rights of property owners to own, use, and dispose of their property free from excessive government intervention, consistent with the principles of a free market and the limited-government framework of New Hampshire law.
674-A:2 Definitions. In this chapter:
I. “Property owner” means a person or entity holding legal title to real property in New Hampshire.
II. “Municipality” means a city, town, or other political subdivision recognized by New Hampshire law.
674-A:3 Property Owners’ Rights.
I. Property owners shall have the right to use their property as they see fit, provided such use does not infringe upon the rights of others or violate clearly defined public safety standards set forth in New Hampshire law, including RSA 155-A and other applicable statutes.
II. Property owners may set rental prices based on market demand, free from government-imposed rent controls.
III. Municipal zoning shall be limited to the minimum necessary to protect public health, safety, and welfare, and regulations shall not unduly restrict property development or usage.
IV. Property owners may develop their land for residential, commercial, or mixed-use purposes, subject only to transparent and predictable municipal regulations.
V. No property shall be taken by the government for private use or economic development, except in cases of clear public necessity. Owners are entitled to just compensation and due process in any eminent domain proceeding.
VI. Property owners may enter into contracts, leases, and sales agreements without government interference, except in cases of proven fraud or coercion.
VII. Municipalities shall process property development permits in a timely and transparent manner. Delays or arbitrary denials violate the owner’s right to productive use.
VIII. No property owner shall be subject to excessive or discriminatory property taxes. This chapter does not alter or affect existing property tax statutes.
IX. Property owners may challenge government actions that infringe their property rights through judicial or administrative review as provided by law.
X. Municipalities are encouraged to pursue market-based solutions to housing and development without reliance on public subsidies.
XI. Beyond minimal public regulations, use restrictions may only be imposed by private covenants or homeowners associations established by voluntary agreement among property owners.
XII. All warrant articles affecting property rights proposed at town or municipal meetings shall be reviewed for constitutional compliance by the courts.
XIII. No municipality shall provide taxpayer-funded subsidies, grants, tax incentives, or regulatory mandates promoting specific housing types, except as required for public health, safety, or welfare.
2 Repealing the Workforce Housing Program; InvestNH Program. Amend RSA 12-O:70 to read as follows:
12-O:70 InvestNH Program. The department shall establish a program to make grants and loans for the purpose of improving the ability to accelerate the approval of [affordable workforce housing as defined in RSA 674:58, IV, and other types of] housing determined by the department to be important for the economic development of the state. Grants and loans may be made by the department to municipalities and to housing developers in which at least 20 percent of the housing units to be developed will be affordable for a period of at least 10 years. Such units will be affordable to and intended for occupancy by households with incomes up to 80 percent of the area median income, as established by the U.S. Department of Housing and Urban Development. The program shall be known as the InvestNH Program. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this subdivision no later than July 1, 2024.
3 Repealing the Workforce Housing Program; New Hampshire Housing Champion Designation. Amend RSA 12-O:71, III and IV to read as follows:
III. Qualifications to receive the New Hampshire housing champion designation shall include:
(a) Adoption of such land use regulations and ordinances which the department determines to be necessary to promote the development of [workforce housing, as that term is defined in RSA 674:58, and other types of] housing necessary for the economic development of the state. In this subdivision, "land use regulations and ordinances" may include, but are not limited to, zoning ordinances adopted pursuant to RSA 674:16, innovative land use controls adopted pursuant to RSA 674:21, subdivision regulations adopted pursuant to RSA 674:35, and site plan regulations adopted pursuant to RSA 674:43.
(b) Training of planning board and zoning board of adjustment members using training materials and programs, including online materials and programs, provided by the department pursuant to RSA 673:3-a; or training materials and programs, including online materials and programs, provided by the New Hampshire Municipal Association, that cover the processes, procedures, regulations, and statutes related to the board on which the member serves; or any other training materials and programs, including online materials and programs, approved by the department, that cover the processes, procedures, regulations, and statutes related to the board on which the member serves.
(c) Implementation of sewer and water infrastructure improvements intended to support the development of [workforce housing, as that term is defined in RSA 674:58, and other types of] housing necessary for the economic development of the state.
(d) Implementation of public transportation, sidewalks, or other walkability infrastructure intended to support the development of [workforce housing, as that term is defined in RSA 674:58, and other types] of housing necessary for the economic development of the state.
IV. Qualifications to receive the New Hampshire housing champion designation may also include, but are not limited to adoption of financial tools that incentivize the development of [workforce housing, including adoption of] the community revitalization tax relief incentive program under RSA 79-E and establishment of municipal economic development and revitalization districts under RSA 162-K.
4 Repealing the Workforce Housing Program; Housing Planning and Regulation Municipal Grant Program. Amend RSA 12-O:72 to read as follows:
12-O:72 Housing Planning and Regulation Municipal Grant Program. The department shall establish a grant program for municipalities to assist them in promoting increased housing production. Subject to availability of funding, the department shall make grants to any municipality for the purpose of consultation or implementation of revising their master plans and land use regulations for the purpose of promoting the production of [workforce housing, as that term is defined in RSA 674:58, and other types of] housing necessary for the economic development of the state, and to assist them to become eligible for New Hampshire housing champion designation pursuant to RSA 12-O:71. The department shall adopt rules establishing grant eligibility criteria, grant maximums, and grant program administration.
5 Repealing the Workforce Housing Program; Champion Benefits. Amend RSA 12-O:73, I to read as follows:
I. Housing production municipal grant program. The department shall establish a grant program for municipalities that have made a commitment to facilitating increased housing production. Municipalities that are designated by the department as New Hampshire housing champion communities will be eligible to apply for the grants. [Subject to availability of funding, the department shall make grants to any municipality with such a designation on a per-unit basis for workforce housing units for which certificates of occupancy have been issued by the municipality in the preceding state fiscal year.] The department shall adopt rules establishing eligibility criteria, per-unit grant maximums, maximum grants per project, a maximum amount that may be granted to any municipality in a year, and grant program administration.
6 Repealing the Workforce Housing Program; New Hampshire Housing Champion Designation and Grant Program Fund. Amend RSA 12-O:74 to read as follows:
12-O:74 New Hampshire Housing Champion Designation and Grant Program Fund. There is hereby established in the state treasury the New Hampshire housing champion designation and grant program fund, for the purpose of funding the grant programs established in RSA 12-O:72 and RSA 12-O:73, and the compilation of municipally and county-owned property determined to be appropriate for residential development pursuant to RSA [12-O:72-a and] 674:1, VII. The fund shall be non-lapsing and shall be continually appropriated to the department.
7 Repealing the Workforce Housing Program; Exceptions. Amend RSA 78-B:2, XXIII(a)(1)(B)(3) to read as follows:
(3) Such other federal, state, or local financing program requiring that the real estate remains subject to land use restriction and rental housing affordability covenants which limit allowable rents charged to individuals or families, consistent with [(i) RSA 674:58, IV, pertaining to workforce housing; or (ii) as otherwise required under the] applicable federal, state, or local program.
8 Repealing the Workforce Housing Program; Powers. Amend RSA 674:44-i, I(b) to read as follows:
(b) Conduct activities to recognize, promote, enhance, and encourage the development of housing, particularly affordable [and workforce] housing.
9 Repeal. The following are repealed:
I. RSA 12-O:72-a, relative to workforce housing.
II. RSA 162-K:2, IX-a(a)(5), relative to workforce housing.
III. RSA 674:17, IV, relative to workforce housing.
IV. RSA 674:43, VII, relative to workforce housing.
V. RSA 674:44-i, I(b), relative to workforce housing.
VI. RSA 674:58 through 61, relative to workforce housing.
VII. RSA 674:72, X, relative to workforce housing.
VIII. RSA 679:5, III, relative to workforce housing.
10 Effective Date. This act shall take effect January 1, 2027.
| Date | Body | Type |
|---|---|---|
| Feb. 3, 2026 | House | Hearing |
Jan. 28, 2026: Public Hearing: 02/03/2026 01:00 pm GP 231
Dec. 10, 2025: Introduced 01/07/2026 and referred to Housing