HB 261 - VERSION ADOPTED BY BOTH BODIES

02/08/2024 0574s

2023 SESSION

23-0285

05/10

HOUSE BILL 261

AN ACT relative to rights of tenants in cases of domestic violence.

SPONSORS: Rep. Read, Rock. 10; Rep. Levesque, Straf. 4; Rep. Newell, Ches. 4; Rep. Seibert, Hills. 21; Rep. Staub, Hills. 25; Rep. Veilleux, Hills. 34; Rep. Kenney, Straf. 10; Sen. Perkins Kwoka, Dist 21; Sen. Altschiller, Dist 24

COMMITTEE: Judiciary

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AMENDED ANALYSIS

This bill clarifies lease protections for tenants who are victims of domestic violence, sexual assault, or stalking and establishes a procedure for residential tenants to terminate their lease in such cases.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/08/2024 0574s 23-0285

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to rights of tenants in cases of domestic violence.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Termination of Tenancy; Victims of Domestic Violence, Sexual Assault, or Stalking. Amend RSA 540:2, VII to read as follows:

VII.(a) No lessor or owner of restricted property shall terminate a tenancy solely based on a tenant or a household member of a tenant having been a victim of domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a, provided that:

(1) The tenant or household member of a tenant who is the victim provides the lessor or owner with written verification that the tenant or household member of a tenant [who is the victim] has obtained a valid protective order against the perpetrator of the domestic violence, sexual assault, or stalking; or

(2) The tenant or household member of a tenant who is the victim:

(A) Initiates legal action to obtain a protective order and provides written verification thereof to the lessor or owner; or

(B) Reports the domestic violence, sexual assault, or stalking to a law enforcement agency and provides written verification thereof to the lessor or owner; or

(C) Provides written verification from a law enforcement official, victim’s advocate, attorney, or health care provider that he or she is a victim of domestic violence, sexual assault, or stalking; or

(D) Provides a signed self-certification form provided by the circuit court. The circuit court shall develop and provide forms for self-certification modeled after those developed by the New Hampshire housing finance authority in accordance with the Violence Against Women Act, 24 CFR section 5.2007(b)(1)(i). The self-certification form developed by the circuit court shall include the same information as is required by 24 CFR section 5.2005(a)(1)(ii); and

(i) Language swearing that the facts provided by the tenant in the self-certification form are true and accurate to the best of their knowledge and recollection; and

(ii) Language informing the tenant that false statements may be subject to criminal penalties, including potentially perjury.

(b) A tenant who has obtained a protective order from a court of competent jurisdiction granting him or her possession of a dwelling to the exclusion of one or more other tenants or household members may request that a lock be replaced or configured for a new key at the tenant's expense. The lessor or owner shall, if provided a copy of the protective order, comply with the request and shall not give copies of the new keys to the tenant or household member restrained or excluded by the protective order.

(c) A lessor or owner who replaces a lock or configures a lock for a new key in accordance with subparagraph (b) shall not be liable for any damages that result directly from the lock replacement or reconfiguration.

(d) If, after a hearing in the possessory action, the court finds that there are grounds under this section to evict the tenant or household member accused of the domestic violence, sexual assault, or stalking, it may issue a judgment in favor of the lessor or owner of the property against the person accused, and allow the tenancy of the remainder of the residents to continue undisturbed. The lessor or owner of the rental unit at issue in the possessory action shall have the right to bar the person accused of the domestic violence, sexual assault, or stalking from the unit and from the lessor's or owner's property once judgment in the possessory action becomes final against such person. Thereafter, and notwithstanding RSA 635:2, the person's entry upon the lessor's or owner's property after being notified in writing that he or she has been barred from the property shall constitute a trespass.

(e) The written verification provided to the lessor or owner, including the fact that an individual is a victim of domestic violence, sexual assault, or stalking, shall be maintained in strict confidence. The lessor or owner shall not disclose this information to any other entity or individual, except to the extent that disclosure is:

(1) Requested or consented to in writing by the tenant or household member of the tenant who is the victim of domestic violence, sexual assault, or stalking.

(2) Relevant and reasonably necessary for use in an eviction proceeding or hearing regarding termination of housing assistance; or

(3) Otherwise required by applicable law.

[(e)] (f) Nothing in this section shall preclude eviction for nonpayment of rent. A landlord may evict on any grounds set forth in RSA 540:2, II which are unrelated to domestic violence, sexual assault, or stalking.

[(f)] (g) The defense set forth in subparagraph VII(a) shall be an affirmative defense to possessory actions brought pursuant to subparagraph II(b), (c), (d), or (e) of this section.

2 New Section; Termination of Lease by Tenant Due to Domestic Violence, Sexual Assault, or Stalking. Amend RSA 540 by inserting after section 11-a the following new section:

540:11-b Termination of Lease by Tenant Due to Domestic Violence.

I. A tenant may terminate his or her lease or rental agreement when:

(a) The tenant or household member within the most recent 150 days residing at the current premises, has been a victim of domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a; or

(b) Within the most recent 150 days, an event occurs relative to the victim of past domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a, that, in conjunction with the past abuse, causes a victim lessee or victim household member to fear for their safety.

(1) The tenant or household member of a tenant who is the victim provides the lessor

or owner with written verification that the tenant or household member of a tenant has obtained a valid protective order against the perpetrator of the domestic violence, sexual assault stalking; or

(2) The tenant or household member of a tenant who is the victim:

(A) Initiates legal action to obtain a protective order and provides written verification thereof to the lessor or owner;

(B) Reports the domestic violence, sexual assault, or stalking to a law enforcement agency and provides written verification thereof to the lessor or owner;

(C) Provides written verification from a law enforcement official, victim’s advocate, attorney or health care provider that he or she is a victim of domestic violence, sexual assault, or stalking;

(i) Language swearing that the facts provided by the tenant in the self-certification form are true and accurate to the best of their knowledge and recollection; and

(ii) Language informing the tenant that false statements may be subject to criminal penalties, including potentially perjury.

II. The written verification provided to the lessor or owner, including the fact that an individual is a victim of domestic violence, sexual assault, or stalking, shall be maintained in strict confidence. The lessor or owner shall not disclose this information to any other entity or individual, except to the extent that disclosure is:

(a) Requested or consented to in writing by the tenant or household member of the tenant who is the victim of domestic violence, sexual assault, or stalking.

(b) Relevant and reasonably necessary for use in an eviction proceeding or hearing regarding termination of housing assistance; or

III. The tenant who has given notice pursuant to paragraph I shall vacate the premises within 30 days of giving notice to the landlord or at any other time as may be agreed upon by the landlord and the tenant.

IV. For the purposes of determining rent owed, a tenant who terminates a lease or rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the lease or rental agreement, for rent owed through the date of termination or the date the tenant actually vacates the premises, whichever is later. The security deposit, if any, shall remain applied to the rental of the premises until all tenants have vacated, at which time the security deposit shall be returned pursuant to RSA 540-A:7.

3 New Subparagraph; Termination of Tenancy. Amend RSA 540:2, II by inserting after subparagraph (g) the following new subparagraph:

(h) If a remaining cotenant or occupant is the accused perpetrator of domestic violence, sexual assault, or stalking, resulting in the termination of a lease pursuant to RSA 540:11-b.

4 Eviction Notice. Amend RSA 540:3, II to read as follows:

II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), [or] (d), or (h).

5 Effective Date. This act shall take effect January 1, 2025.