The House gathered in session on Wednesday, March 11th, and Thursday, March 12th. They had over 180 bills on the calendar to act on as they approached legislative deadlines. Here’s what happened!
What Passed?
House Consent Calendar: Housing Committee
HB 1021, amending the date to provide written notice to a municipality of a taxpayer’s election to be assessed under the low-income housing tax credit program. This proposal shifts the date that a LIHTC project can request the SB 173 appraisal process from October 1 to April 1. Housing Action NH is neutral on this proposal. HB 1021 passed on a voice vote.
HB 1079, allowing accessory dwelling units to be built within or attached to certain non-conforming structures. This proposal clarifies how municipalities should interpret ADU applications in existing non-confirming structures. Housing Action NH supports the OTP/A motion. HB 1079 passed on a voice vote.
HB 1103, allowing municipalities to utilize community revitalization tax relief credits on a wider variety of properties and structures, including new construction. Housing Action NH supports the OTP/A motion. HB 1103 passed on a voice vote.
HB 1112, relative to snow removal responsibilities in residential lease agreements. If no process is established in the lease, responsibility for snow removal in common areas shall rest with the property owner or landlord, and responsibility for exclusive-use areas shall rest with the tenant. Housing Action NH is neutral on this proposal. HB 1112 passed on a voice vote.
HB 1295, relative to eligibility requirements for charitable and nonprofit housing projects. This proposal seeks to reform the local property tax impact of non-profit long-term care facilities. Housing Action NH is neutral on this proposal. HB 1295 passed on a voice vote.
HB 1336-FN, allowing exceptions to the cap on residential security deposits for applicants not meeting standard approval criteria. Housing Action NH is sympathetic to the intent of this proposal, which is to incentivize landlords to rent to higher-risk tenants who may not meet their standard application requirements; however, the proposal accomplishes this by allowing for the collection of two months’ rent as a security deposit. Higher-risk tenants often cannot pay a two-month rent deposit and the first month’s rent up front. This proposal will further disincentivize renting to low-income tenants by effectively creating a new category of renters who landlords can prioritize over lowest-income tenants. Housing Action supports an ITL motion. HB 1336 passed on a voice vote.
HB 1540, establishing uniform requirements for accessory dwelling units and providing municipalities with authority and guidance for zoning, permitting, and environmental protections. This proposal clarifies municipal shoreland restrictions and state ADU law. Housing Action NH is neutral on this proposal. HB 1540 passed on a voice vote.
HB 1588-FN, establishing special assessment districts and expands the housing infrastructure grant program to allow for municipal upgrades linked to new housing and making an appropriation therefor. This proposal is another tool in the toolbox for communities to use to assist with funding key infrastructure. Housing Action NH supports the OTP motion. HB 1588 passed on a voice vote.
HB 1681, relative to the definition, inspection, and local approval of tiny houses and yurts as innovative housing structures. This proposal clarifies building codes for innovative housing structures. Housing Action NH supports the OTP/A recommendation. HB 1681 passed on a division vote 231-99.
HB 1709-FN, relative to prohibiting the rental of residential property to individuals unlawfully present in the United States. As amended, this proposal limits the scope to undocumented convicted felons. This class of individuals is already classified as a risk to the public and is subject to detention and deportation. Housing Action NH opposes setting a precedent that housing policy should be used as a tool for law enforcement actions. HB 1709 passed on a roll call vote 181-154.
HB 1726-FN, directing state agencies to identify and dispose of surplus property for affordable housing development. The committee amended this proposal to clarify the existing process for selling surplus property and remove references to affordable housing development. Nothing in the bill prohibits the land from being used for affordable housing development, but nothing incentivizes it either. Housing Action supports the concept, but prefers a version of this legislation that encourages affordable housing development. HB 1726 passed on a voice vote.
What Didn’t Pass? The most straightforward way for a bill to be defeated is an inexpedient-to-legislate (ITL) motion; however, there are a few other motions that effectively end the policy for the legislative session. An interim study recommendation means that the legislation will be studied over the summer rather than moving forward. In practice, bills that are interim studied often don’t see meaningful engagement over the summer. The House can also vote to table a proposal. Once legislation is tabled, it doesn’t move forward unless it’s taken off the table. Once the first round of legislative deadlines passes, legislation must reach a two-thirds vote to come off the table, effectively killing any controversial legislation that will not reach that threshold. A tabling motion preempts legislative debate (speeding up the floor action and limiting the debate), which is why so many proposals were tabled rather than debated this week. Finally, if a bill is not acted upon prior to the legislative deadline, it requires a two-thirds vote to suspend the rules and move it forward, which effectively kills the legislation (this is what happened to many bills yesterday).
HB 1004, exempting certain dwelling units from automatic sprinkler system requirements. Housing Action NH was neutral on this proposal. The House voted to interim study HB 1004 on a voice vote.
HB 1005, repealing the commission to study the historical evolution of the New Hampshire zoning enabling act. Housing Action NH supports the ITL motion. HB 1005 was defeated on a voice vote.
HB 1007, relative to manufactured housing. This proposal would add confusion and weaken New hampshire’s existing manufactured law. Housing Action NH supports the ITL motion. HB 1007 was defeated on a voice vote.
HB 1008, relative to modifying innovative land use controls, requirements, and appeals. Housing Action NH opposed the bill as introduced, but supported the proposed minority amendment. The House did not act on this legislation prior to the deadline.
HB 1017, relative to accessory dwelling units and workforce housing. Housing Action NH opposed the bill as introduced and did not take a formal position on the proposed amendment. The House did not act on this legislation prior to the deadline.
HB 1026, relative to the definition of manufactured housing. This proposal would further limit where manufactured housing can be built. Housing Action NH supports the ITL motion. HB 1026 was defeated on a voice vote.
HB 1136, relative to accessory dwelling units. This proposal weakened New Hampshire’s existing ADU law. Housing Action NH supports an ITL motion. The House did not act on this legislation prior to the deadline.
HB 1145-FN, relative to affordable housing investment fees. Housing Action NH opposed this proposal as introduced and supports the ITL recommendation. The House did not act on this legislation prior to the deadline.
HB 1171, relative to eviction safeguards for tenants whose Social Security payments are disrupted. Housing Action NH was neutral on this proposal. HB 1171 was defeated on a 186-155 roll call vote.
HB 1218, relative to the disclosure of rights and responsibilities during the sale of a mobile home in a mobile home park. Housing Action NH is neutral on this proposal. The House did not act on this legislation prior to the deadline.
HB 1251, relative to restricting municipal downzoning inconsistent with existing neighborhood density. Housing Action NH supports the concept behind this proposal but backs the interim study motion because the legislation needs further work before implementation. The House voted to interim study HB 1251 on a voice vote.
HB 1357, permitting in all residentially zoned areas by right the placement of newly constructed manufactured homes. Housing Action NH supports an OTP motion. The House voted to interim study HB 1357 on a division vote, 199-142.
HB 1375, prohibiting landlords from charging more than one application fee per tenant every 12 months. Housing Action NH supports an OTP motion. The House did not act on this legislation prior to the deadline.
HB 1619, relative to the rights of property owners and limitations on municipal land use regulation, and repealing the workforce housing program. Housing Action NH opposed this language and advocated for an ITL motion, but interim study accomplishes the same goal. The House voted to interim study HB 1619 on a voice vote.
HB 1613-FN, directing the Department of Business and Economic Affairs to produce a report detailing methods to increase lending practices for housing developments that help persons with disabilities. Housing Action NH supports an OTP motion. The House did not act on this legislation prior to the deadline.
HB 1654, requiring a property owner to pay all taxes or charges on their property prior to being issued certain building or occupancy permits. Housing Action NH was neutral on this proposal. HB 1654 was defeated on a voice vote.
HB 1660, relative to municipal credit enhancement agreements and tax increment financing for priority housing development. Housing Action NH supports an OTP motion. The House did not act on this legislation prior to the deadline.
HB 1713, relative to zoning conformity and redevelopment standards (note: the bill title does not reflect the content. The bill addresses surplus state land.). Housing Action supports the concept behind this proposal as it was originally introduced. The same topic is being addressed in HB 1726. HB 1713 was defeated on a voice vote.
HB 1764-FN, establishing community workforce housing targets, special assessment provisions, and a revolving loan fund for workforce housing development. Housing Action NH supports the goal of this proposal, but believes it needs more work, and supports the ITL motion. HB 1764 was defeated on a voice vote.
CACR 16, relating to property. Providing that individuals may sleep on property they own or have a legal right to occupy. Housing Action NH was neutral on this proposal. The House did not act on this proposal prior to the deadline.
