HB 1709-FN - AS AMENDED BY THE HOUSE
11Mar2026... 0943h
2026 SESSION
26-2669
04/09
HOUSE BILL 1709-FN
AN ACT prohibiting certain unlawfully present felons from occupying or renting real property.
SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44; Rep. Kuttab, Rock. 17; Rep. Peternel, Carr. 6; Rep. Rice, Hills. 38; Rep. Perez, Rock. 16; Sen. Innis, Dist 7; Sen. Sullivan, Dist 18
COMMITTEE: Housing
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AMENDED ANALYSIS
This bill prohibits certain unlawfully present aliens with prior felony convictions from occupying or renting real property and authorizes sheriffs to arrest such individuals during service of a writ of possession.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0943h 26-2669
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT prohibiting certain unlawfully present felons from occupying or renting real property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section:
540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens.
I. An individual commits an offense if such individual is an occupant or tenant of real property who:
(a) Is an alien illegally present in the United States;
(b) Has previously been convicted of a felony in the United States and deported or left the United States after such conviction; and
(c) The status of such individual is confirmed by the Department of Homeland Security pursuant to 8 United States Code, section 1252c.
II. Any individual who violates paragraph I shall be guilty of a class A misdemeanor.
III. A sheriff shall, to the extent possible and their ability to safely do so, arrest any individual discovered during service of the writ of possession under RSA 540:14 to be in violation of paragraph I or otherwise subject to arrest under 8 United States Code, section 1252c.
IV. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
2 Effective Date. This act shall take effect 60 days after its passage.
26-2669
3/17/26
HB 1709-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2026-0943h)
AN ACT prohibiting certain unlawfully present felons from occupying or renting real property.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| March 4, 2026 | 2026-0943h |
| Date | Body | Type |
|---|---|---|
| Jan. 27, 2026 | House | Hearing |
| March 3, 2026 | House | Exec Session |
| March 3, 2026 | House | Floor Vote |
March 17, 2026: Introduced 03/12/2026 and Referred to Judiciary; SJ 7
March 11, 2026: Ought to Pass with Amendment 2026-0943h: MA RC 181-154 03/11/2026 HJ 7
March 11, 2026: Lay HB1709 on Table (Rep. Read): MF RC 153-181 03/11/2026 HJ 7
March 11, 2026: Amendment # 2026-0943h: AA VV 03/11/2026 HJ 7
March 4, 2026: Minority Committee Report: Inexpedient to Legislate
March 4, 2026: Majority Committee Report: Ought to Pass with Amendment # 2026-0943h 03/03/2026 (Vote 9-8; RC) HC 10 P. 55
Feb. 17, 2026: Executive Session: 03/03/2026 10:00 am GP 231
Jan. 14, 2026: Public Hearing: 01/27/2026 02:00 pm GP 231
Dec. 12, 2025: Introduced 01/07/2026 and referred to Housing HJ 1