This bill amends existing law to grant municipalities the authority to enforce private covenants while simultaneously prohibiting them and the state government from requiring or encouraging such covenants as a condition for zoning or land use approvals. The bill introduces a new subdivision to RSA 674, specifically sections 674:77 through 674:79, which outlines the enforcement of private covenants and establishes exceptions for workforce housing developments. Notably, section 674:77 clarifies that the new provisions do not affect the authority of municipalities to require restrictive covenants for workforce housing, while section 674:78 allows municipalities to adopt ordinances for enforcing covenants established by previous landowners or homeowners' associations.
Additionally, section 674:79 explicitly states that any covenants required or encouraged by municipal officials as a condition for zoning or land use approval will be deemed invalid. The bill also amends RSA 674:60 to include a new paragraph (IV-a), which reiterates that the provisions regarding private covenants do not apply to workforce housing developments. The act is set to take effect 60 days after its passage.
Statutes affected: Introduced: 674:60