5/1/26: Housing Matters Newsletter

Welcome back to our weekly newsletter!

It will be a busy week of floor votes as the legislature approaches its final deadlines with over a dozen housing-related bills on the floor in the House and Senate.

As a reminder, here’s what to expect with the upcoming legislative deadlines:

• Thursday, May 14: Deadline for the House to act on all remaining Senate bills and for the Senate to act on all remaining House bills.
• Thursday, May 21: Deadline to form committees of conference
• Thursday, May 28: Deadline to sign committee of conference reports
• Thursday, June 4: Last day to act on committee of conference report

The key point for the committee of conference process is that for a bill to head to the Governor, the House and Senate must pass identical versions. If a bill was amended in the second chamber, it must go back to the initial chamber for a vote. The initial chamber can decide to concur (agree with the changes), non-concur and request a committee of conference (continue the negotiations between the House and Senate), or non-concur (disagree with the changes, not continue negotiations, and let the bill die).

As always, if you have questions about the legislation we mention in the newsletter or housing-related proposals that aren’t included, please don’t hesitate to reach out.

If you were forwarded this newsletter and would like to receive future updates, you can sign up here.

Best,

Nick Taylor

Executive Director

Housing Action NH

nick@housingactionnh.org

State House Updates:

In The Committee Room

There are no relevant House or Senate Committee hearings scheduled for next week.

State House Updates:

On The Floor

The House will meet for session on Thursday, May 7th. They will take action on the following housing-related proposals:

Consent Calendar

• SB 415, relative to a certain exemption in interest in condominium units. OTP/A 14-0. Housing Action NH supports the OTP/A motion. As amended, this proposal raises the Department of Justice review from 10 units to 25 units, removes the provision that expressly authorizes the review of federal personal tax returns prior to approval, and creates a commission to review additional regulatory reforms. Why This Matters: The median sales price for condos is over $100k below that of single-family homes, providing a great opportunity for more attainable ownership.
• SB 490, establishing a task force to assess the development of housing at Great Bay Community College and authorizing the college the right to use vacant property for the purpose of developing housing. OTP/A 14-0. Housing Action NH supports the OTP/A motion.
• SB 523-FN, (New Title) establishing a commission to study the implementation of a residential builder registration system. OTP/A 14-0. Housing Action NH is neutral on this bill. The goal of this proposal is to explore greater consumer protections in the homebuilding industry.

The Senate will meet for session on Thursday, May 7th. They will take action on the following housing-related proposals:

Consent Calendar

• HB 1010, relative to multi-family residential development on commercially zoned land. OTP/A 5-0. Housing Action NH supports the OTP/A motion. This bill would establish adequate infrastructure criteria for multi-family dwelling units on commercially zoned land. When a planning board determines adequacy, it may consider a traffic impact study or require an applicant to receive permission from an owner of a public water system to connect to the system. A planning board may deny an application if the volume of traffic is not supported by the road design, if the applicant is unable to secure a source of water, or an applicant is unable to properly dispose of wastewater and sewage. These are technical fixes and clarifications aimed at better implementing the residential in commercial zones bill from last year.
• HB 1079, allowing accessory dwelling units to be built within or attached to certain non-conforming structures. OTP/A 4-1. Housing Action NH supports the OTP/A motion. This bill clarifies that existing detached non-confirming structures shall be allowed to be converted into an ADU, provided the building footprint does not change.
• HB 1103, allowing municipalities to utilize community revitalization tax relief credits on a wider variety of properties and structures. OTP/A 5-0. Housing Action NH supports the OTP/A motion. This bill provides greater flexibility for the state’s 79-E, or Community Revitalization Tax Relief Program by allowing it to apply to new construction and by giving municipalities greater flexibility in defining affordability restrictions. The Committee amendment extends the allowable relief period to 15 years to better align with the federal Low Income Housing Tax Credit Program.
• HB 1295, relative to eligibility requirements for charitable and nonprofit housing projects. ITL 5-0. Housing Action NH is neutral on this proposal.
• HB 1499-FN, relative to additional grounds for eviction under the landlord and tenant statute. OTP/A 5-0. Housing Action NH opposed HB 1499 as passed by the House. The Senate amendment represents a significant improvement. The Senate committee amendment clarifies that disclosure through a landlord-conducted background check or in writing during the application process precludes eviction based on prior convictions, specifies that evictions under these provisions apply only to the individual responsible rather than the entire household, and removes the provision allowing eviction based on any felony-level conviction within the prior 5 years.
• HB 1540, relative to municipal health ordinances and accessory dwelling units. OTP 5-0. Housing Action NH is neutral on this proposal. This bill clarifies that municipalities retain authority to enforce local health ordinances related to septic safety and maintenance when regulating accessory dwelling units. Properly functioning septic systems are particularly important in shoreland protection zones, and when systems are overloaded or fail, excess nutrients can lead to cyanobacteria blooms.
• HB 1598-FN, relative to notice and proceedings for tenants and landlords engaged in eviction processes. OTP/A 5-0. Housing Action NH is neutral on this proposal. This bill clarifies the eviction process for non-payment of rent.
• HB 1681, relative to the definition, inspection, and local approval of tiny houses and yurts as innovative housing structures. OTP/A 4-1. Housing Action NH supports the OTP/A motion. This bill would establish definitions, set inspection and permitting requirements, authorize municipal property tax assessments, and regulate the transportation of factory-built innovative housing structures, including tiny houses, tiny houses on wheels, and yurts. Given the cost of housing, the structures could provide an affordable option. The Committee amendment would provide municipalities with flexibility in determining how these structures are taxed.

Regular Calendar

• HB 1336, relative to regulated conditional deposits. OTP/A 3-2. Housing Action NH opposes HB 1336. This bill would allow landlords to charge tenants a security deposit equal to two months’ rent if the tenant meets certain criteria. While well-intentioned, this bill will create barriers for renters who cannot afford a two-month security deposit. It will also limit the number of people that nonprofits, religious organizations, and municipal welfare departments who provide down payment assistance to can help by making it more expensive to help each person.
• HB 1588, 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. OTP/A 4-1. Housing Action NH supports the OTP/A motion. As passed by the House, this bill establishes a new procedure for creating a special assessment district to fund municipal water and sewer infrastructure upgrades. The Committee amendment adds clarification and guardrails to municipal implementation of last year’s residential-in-commercial zones bill.

Floor Recap

The House and Senate did not meet for session this week.