HB 1400 proposes amendments to housing law, focusing on parking space requirements, tenant definitions, landlord-tenant law violations, and zoning procedures. It limits parking space requirements for certain residential units, with a maximum of 1.5 spaces per unit for specific small units and multi-family developments. The bill clarifies the definitions of "tenant," "subtenant," "implied tenant," and "non-rental owner," and their rights, especially regarding evictions. It mandates landlords to disclose and refund application or renewal fees if the unit is not rented to the applicant. The bill introduces the right for non-rental owners to seek relief and an expedited hearing process for unauthorized occupancy cases. Insertions include these new definitions and rights, while deletions involve changing "may" to "shall have the right to" for parties seeking relief from violations.
The bill also specifies the burden of proof for defendants claiming to be subtenants or implied tenants, detailing acceptable evidence types and the insufficiency of utilities or IDs without lessor authorization. It outlines the consequences of court rulings, including the immediate removal of unauthorized occupants and the disposal of their property after a 48-hour notice if subletting occurs against the lease terms. HB 1400 provides tax relief incentives for converting office spaces to residential use and redefines "qualifying structure" and "local legislative body." It introduces an alternative procedure for adopting zoning ordinances and mandates planning boards to consider and approve economically viable alternative parking solutions proposed by applicants. The bill repeals RSA 79-E:4-d and sets different effective dates for its various sections.
Statutes affected: Introduced: 674:16
As Amended by the House: 674:16
As Amended by the Senate: 674:16, 540-A:1, 540-A:3, 540-A:4, 79-E:2, 672:8
Version adopted by both bodies: 674:16, 540-A:1, 540-A:3, 540-A:4, 79-E:2, 672:8, 79-E:4-d
CHAPTERED FINAL VERSION: 674:16, 540-A:1, 540-A:3, 540-A:4, 79-E:2, 672:8, 79-E:4-d