SB 126-FN - AS INTRODUCED
2021 SESSION
21-0873
10/05
SENATE BILL 126-FN
AN ACT adopting omnibus legislation on landlord tenant proceedings.
SPONSORS: Sen. Perkins Kwoka, Dist 21
COMMITTEE: Commerce
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ANALYSIS
This bill adopts legislation relative to:
I. Notice to quit for residential tenants.
II. Prohibiting certain denials of rental assistance.
III. Civil rights violations and discriminatory actions related to real estate transactions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 126-FN - AS INTRODUCED
21-0873
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation on landlord tenant proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. The parts of this act are proposed by the following sponsors:
2 Part I. LSR 21-0873, relative to a notice to quit for residential tenants, sponsored by Sen.
3 Perkins Kwoka, Prime/Dist 21; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Prentiss, Dist 5;
4 Sen. Soucy, Dist 18; Sen. Whitley, Dist 15; Rep. Griffith, Hills. 18; Rep. Vann, Hills 24; Rep. Espitia,
5 Hills. 31; Rep. Conley, Straf. 13; Rep. DiLorenzo, Rock. 17.
6 Part II. LSR 21-0878, relative to prohibiting certain denials of rental assistance, sponsored by
7 Sen. Perkins Kwoka, Prime/ Dist 21; Sen. Whitley, Dist15; Sen. Rosenwald, Dist 13; Rep. Conley,
8 Straf.13.
9 Part III. LSR 21-0890, relative to civil rights violations and discriminatory actions related to
10 real estate transactions, sponsored by Sen. Birdsell, Prime/Dist 19.
11 2 Legislation. The general court hereby enacts the following legislation:
12
13 PART I
14 Relative to a notice to quit for residential tenants
15 1 Actions Against Tenants; Residential; Notice. Amend RSA 540:3, II to read as follows:
16 II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided,
17 however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA
18 540:2, [II(a), (b), or (d)] II(b) or II(d).
19 2 Effective Date. Part I of this act shall take effect January 1, 2022.
20
21 PART II.
22 Relative to prohibiting certain denials of rental assistance.
23 1 New Section; Aid to Assisted Persons; Denial of Rental Assistance Due to Hazardous
24 Conditions. Amend RSA 165 by inserting after section 1-e the following new section:
25 165:1-f Denial of Rental Assistance Due to Hazardous Conditions. No person, who is otherwise
26 eligible for rental assistance from a municipality pursuant to this chapter, shall be denied such
27 assistance due to the existence of substandard housing conditions in the dwelling unit in which the
28 applicant resides unless:
29 I. The municipality has ordered the owner to repair the dwelling unit pursuant to RSA
30 147:16-a, or RSA 155-B:2 and 3.
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1 II. Prior to the tenant’s application for general assistance, a municipal official has found
2 that the dwelling unit contains one or more of the defects set forth in RSA 48-A:14.
3 2 New Section; Aid to Assisted Persons. Amend RSA 165 by inserting after section 4-b the
4 following new section:
5 165:4-c Eviction Notice Not Required. The governing body and overseers of public welfare shall
6 not require the issuance of an eviction notice before providing rental assistance. An eviction notice
7 may be required to assist the applicant in documenting emergency needs for emergency assistance,
8 timely application and decision making, and referrals to other agencies with eviction notice
9 requirements for consideration of additional rent arrearage assistance.
10 3 Effective Date. Part II of this act shall take effect 60 days after its passage.
11
12 PART III.
13 Relative to civil rights violations and discriminatory actions related to real estate transactions.
14 1 Law Against Discrimination; Fair Housing; Real Estate Transactions. RSA 354-A:8 through
15 354-A:15 are repealed and reenacted to read as follows:
16 354-A:8 Equal Housing Opportunity Without Discrimination a Civil Right. The opportunity to
17 obtain housing without discrimination because of age, sex, gender identity, race, creed, color, marital
18 status, familial status, physical or mental disability or national origin is hereby recognized and
19 declared a civil right. In addition, no person shall be denied the benefit of the rights afforded by this
20 section on account of that person's sexual orientation.
21 354-A:9 Definitions. In this subdivision:
22 I. "Aggrieved person" includes any person who:
23 (a) Claims to have been injured by a discriminatory housing practice; or
24 (b) Believes that such person will be injured by a discriminatory housing practice that is
25 about to occur.
26 II. "Discriminatory housing practice" means an act that is unlawful under section 804, 805,
27 806, or 818 of the Fair Housing Act, 42 U.S.C. section 3601, et seq.
28 III. "Family" includes a single individual.
29 IV. "Familial status" means one or more individuals who have not attained the age of 18
30 years and who are domiciled with:
31 (a) A parent or another person having legal custody of such individual or individuals; or
32 (b) The designee of such parent or other person having such custody, with the written
33 permission of such parent or other person.
34 V. "Person" includes one or more individuals, corporations, partnerships, associations, labor
35 organizations, legal representatives, mutual companies, joint-stock companies, trusts,
36 unincorporated organizations, trustees, trustees in bankruptcy cases under Title 11 of the United
37 States Code, receivers, and fiduciaries.
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1 VI. "Real property" includes buildings, structures, real estate, lands, tenements, leaseholds,
2 interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal,
3 or any interest therein.
4 VII. "Real estate transaction" includes the sale, exchange, rental or lease of real property.
5 "Real estate transaction" also includes the brokering or appraising of residential real property and
6 the making or purchasing of loans or providing other financial assistance:
7 (a) For purchasing, constructing, improving, repairing or maintaining a dwelling; or
8 (b) Secured by residential real estate.
9 VIII. "Housing accommodation" includes any improved or unimproved real property, or part
10 thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the
11 home or residence of one or more individuals.
12 IX. "Real estate broker or salesman" means a person, whether licensed or not, who, for or
13 with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases
14 real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself
15 or herself out as engaged in these.
16 X. "Conciliation" means the attempted resolution of issues raised by a charge, or by the
17 investigation of such charge, through informal negotiations involving the aggrieved party, the
18 respondent, and the commission.
19 XI. "Conciliation agreement" means a written agreement setting forth the resolution of the
20 issues in conciliation.
21 354-A:10 Civil Rights Violations; Real Estate Transactions. It shall be an unlawful
22 discriminatory practice to:
23 I. Refuse to engage in a real estate transaction with a person or to discriminate in making
24 available such a transaction;
25 II. Alter the terms, conditions or privileges of a real estate transaction or in the furnishing of
26 facilities or services in connection therewith;
27 III. Refuse to receive or to fail to transmit a bona fide offer to engage in a real estate
28 transaction from a person;
29 IV. Refuse to negotiate for a real estate transaction with a person;
30 V. Represent to a person that real property is not available for inspection, sale, rental, or
31 lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to
32 refuse to permit him or her to inspect real property;
33 VI. Make, print, circulate, post, mail, publish or cause to be made, printed, circulated,
34 posted, mailed, or published any notice, statement, advertisement or sign, or use a form of
35 application for a real estate transaction, or make a record or inquiry in connection with a prospective
36 real estate transaction, that indicates any preference, limitation, or discrimination based on
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1 unlawful discrimination or unlawful discrimination based on familial status or an arrest record, or
2 an intention to make any such preference, limitation, or discrimination; or
3 VII. Offer, solicit, accept, use or retain a listing of real property with knowledge that
4 unlawful discrimination or discrimination on the basis of familial status or an arrest record in a real
5 estate transaction is intended.
6 354-A:11 Disability.
7 I. It is a civil rights violation to refuse to sell or rent or to otherwise make unavailable or
8 deny a dwelling to any buyer or renter because of a disability of that buyer or renter, a disability of a
9 person residing or intending to reside in that dwelling after it is sold, rented, or made available, or a
10 disability of any person associated with the buyer or renter.
11 II. It is a civil rights violation to alter the terms, conditions, or privileges of sale or rental of
12 a dwelling or the provision of services or facilities in connection with such dwelling because of a
13 disability of a person with a disability or a disability of any person residing or intending to reside in
14 that dwelling after it is sold, rented, or made available, or a disability of any person associated with
15 that person.
16 III. It is a civil rights violation:
17 (a) To refuse to permit, at the expense of the person with a disability, reasonable
18 modifications of existing premises occupied or to be occupied by such person if such modifications
19 may be necessary to afford such person full enjoyment of the premises; except that, in the case of a
20 rental, the landlord may, where it is reasonable to do so, condition permission for a modification on
21 the renter agreeing to restore the interior of the premises to the condition that existed before
22 modifications, reasonable wear and tear excepted. The landlord may not increase for persons with a
23 disability any customarily required security deposit. However, where it is necessary in order to
24 ensure with reasonable certainty that funds will be available to pay for the restorations at the end of
25 the tenancy, the landlord may negotiate as part of such a restoration agreement a provision
26 requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a
27 reasonable amount of money not to exceed the cost of the restorations. The interest in any such
28 account shall accrue to the benefit of the tenant. A landlord may condition permission for a
29 modification on the renter providing a reasonable description of the proposed modifications as well
30 as reasonable assurances that the work will be done in a workmanlike manner and that any
31 required building permits will be obtained;
32 (b) To refuse to make reasonable accommodations in rules, policies, practices, or
33 services, when such accommodations may be necessary to afford such person equal opportunity to
34 use and enjoy a dwelling; or
35 (c) In connection with the design and construction of covered multifamily dwellings for
36 first occupancy after March 13, 1991, to fail to design and construct those dwellings in such a
37 manner that:
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1 (1) The public use and common use portions of such dwellings are readily accessible
2 to and usable by persons with a disability;
3 (2) All the doors designed to allow passage into and within all premises within such
4 dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; and
5 (3) All premises within such dwellings contain the following features of adaptive
6 design:
7 (A) An accessible route into and through the dwelling;
8 (B) Light switches, electrical outlets, thermostats, and other environmental
9 controls in accessible locations;
10 (C) Reinforcements in bathroom walls to allow later installation of grab bars;
11 and
12 (D) Usable kitchens and bathrooms such that an individual in a wheelchair can
13 maneuver about the space.
14 IV. Compliance with the appropriate requirements of the American National Standard for
15 buildings and facilities providing accessibility and usability for physically disabled people (commonly
16 cited as "ANSI A117.1") suffices to satisfy the requirements of subparagraph III(c)(3).
17 V. If a unit of local government has incorporated into its building code the requirements set
18 forth in subparagraph III(c), compliance with the local building code shall be deemed to satisfy the
19 requirements of that subparagraph.
20 VI. A unit of local government may review and approve newly constructed covered
21 multifamily dwellings for the purpose of making determinations as to whether the design and
22 construction requirements of subparagraph III(c) are met.
23 VII. The commission shall encourage, but may not require, units of local government to
24 include in their existing procedures for the review and approval of newly constructed covered
25 multifamily dwellings, determinations as to whether the design and construction of such dwellings
26 are consistent with subparagraph III(c), and shall provide technical assistance to units of local
27 government and other persons to implement the requirements of subparagraph III(c).
28 VIII. Nothing in this subdivision shall be construed to require the commission to review or
29 approve the plans, designs or construction of all covered multifamily dwellings to determine whether
30 the design and construction of such dwellings are consistent with the requirements of subparagraph
31 III(c).
32 IX. Nothing in paragraph IV, V, VI, or VII shall be construed to affect the authority and
33 responsibility of the commission to receive and process complaints or otherwise engage in
34 enforcement activities under state law.
35 X. Determinations by a unit of local government under paragraphs IV and V shall not be
36 conclusive in enforcement proceedings under this chapter if those determinations are not in accord
37 with the terms of this chapter.
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1 XI. Nothing in this section requires that a dwelling be made available to an individual
2 whose tenancy would constitute a direct threat to the health or safety of others or would result in
3 substantial physical damage to the property of others.
4 354-A:12 Unlawful Activity. The prohibition against the use of an arrest record under RSA 354-
5 A:10 shall not preclude an owner or any other person engaging in a real estate transaction, or a real
6 estate broker or salesman, from prohibiting the tenant, a member of the tenant's household, or a
7 guest of the tenant from engaging in unlawful activity on the premises.
8 354-A:13 Blockbusting. It is a civil rights violation for any person to:
9 I. Solicit for sale, lease, listing or purchase any residential real estate within this state, on
10 the grounds of loss of value due to the present or prospective entry into the vicinity of the property
11 involved of any person or persons of any particular race, color, religion, national origin, ancestry,
12 age, sex, sexual orientation, gender identity, marital status, familial status