CHAPTER 391
HB 1259 – FINAL VERSION
05Mar2008… 0622h
04Jun2008… 2133eba
2008 SESSION
06/05
HOUSE BILL 1259
AN ACT authorizing communities to establish municipal housing commissions and affordable housing revolving funds.
SPONSORS: Rep. Cooney, Graf 7; Rep. DeStefano, Merr 13; Rep. Foster, Hills 4; Sen. Fuller Clark, Dist 24
COMMITTEE: Municipal and County Government
This bill authorizes communities to establish housing commissions and affordable housing revolving funds.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0622h
04Jun2008… 2133eba
08-2433
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT authorizing communities to establish municipal housing commissions and affordable housing revolving funds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
391:1 Affordable Housing Revolving Funds. RSA 31:95-h, I is repealed and reenacted to read as follows:
I. A town may, by vote of the legislative body, establish a revolving fund. Each revolving fund shall be limited to one of the following purposes:
(a) Facilitating or encouraging recycling as defined in RSA 149-M:4;
(b) Providing ambulance services;
(c) Providing public safety services by municipal employees or volunteers outside of the ordinary detail of such persons, including but not limited to public safety services in connection with special events, highway construction, and other construction projects;
(d) Creating affordable housing and facilitating transactions relative thereto; or
(e) Providing cable access for public, educational, or governmental use.
391:2 Housing Commission. Amend RSA 673:1, II to read as follows:
II. Any local legislative body may establish any or all of the following: a heritage commission, a historic district commission, [or both, and may establish] an agricultural commission, and a housing commission.
391:3 New Section; Housing Commissions; Membership. Amend RSA 673 by inserting after section 4-b the following new section:
673:4-c Housing Commissions.
I. The housing commission shall consist of not less than 3 members and no more than 7 members who shall be appointed in a manner as prescribed by the local legislative body.
II. Each housing commission member shall be a resident of the city or town which establishes the commission. One commission member may be a member of the local governing body. One commission member may be a member of the planning board. Not more than 5 alternate members may be appointed. When an alternate sits in absence or disqualification of a regular member, the alternate shall have full voting powers. In determining each member’s qualifications, the appointing authority shall take into consideration the appointee’s demonstrated interest and ability to understand, appreciate, and promote the purpose of the housing commission.
III. Members of a housing commission also may serve on other municipal boards and commissions, including but not limited to a conservation commission established under RSA 36-A, a historic district commission established under RSA 674:46, a heritage commission established under RSA 674:44-a, or an agriculture commission established under RSA 674:44-e.
391:4 Membership on Other Boards. Amend RSA 673:7, II(c) to read as follows:
(c) Either one appointed member or one ex officio member may be a member of the heritage commission, the historic district commission, [or] the agricultural commission, the housing commission, or all [3] 4 if such commissions exist in the [city] municipality.
391:5 Scheduling of Meetings. Amend RSA 673:10, I to read as follows:
I. Meetings of the heritage commission, the historic district commission, the agricultural commission, the housing commission, the building code board of appeals, and the zoning board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine.
391:6 Disqualification of Member. Amend RSA 673:14, I to read as follows:
I. No member of a zoning board of adjustment, building code board of appeals, planning board, heritage commission, historic district commission, [or] agricultural commission, or housing commission shall participate in deciding or shall sit upon the hearing of any question which the board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens, or if that member would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law. Reasons for disqualification do not include exemption from service as a juror or knowledge of the facts involved gained in the performance of the member’s official duties.
391:7 Abolishing a Housing Commission. Amend RSA 673:18 to read as follows:
673:18 Abolishing Planning Board, Heritage Commission, Historic District Commission, [or] Agricultural Commission, or Housing Commission.
I. The local legislative body of a city, of a county in which there are located unincorporated towns or unorganized places, or of a town operating under the town council form of government, shall determine the manner in which the planning board, the heritage commission, the historic district commission, [or] the agricultural commission, or the housing commission may be abolished.
II. In all other towns, upon a petition to abolish the planning board, the heritage commission, the historic district commission, [or] the agricultural commission, or the housing commission, signed by 100 or more voters or 1/10 of the registered voters in town, whichever number is less, the planning board, heritage commission, historic district commission, [or] agricultural commission, or housing commission shall submit the proposal to the town or village district in the same manner prescribed in RSA 675:4, except that the question put to the voters shall be in substantially the following form: “Are you in favor of abolishing the planning board (heritage commission, historic district commission, [or] agricultural commission, or housing commission) as proposed by petition of the voters of this town (village district)?”
391:8 Effect of Abolishing Housing Commissions. Amend RSA 673:20 to read as follows:
673:20 Effect of Abolishing Heritage Commissions, Historic District Commissions, [and] Agricultural Commissions, and Housing Commissions. Upon the effective date of the abolition of a heritage commission, historic district commission, [or] agricultural commission, or housing commission all the powers and duties of such commission shall cease.
391:9 Transfer of Documents Upon Abolition of Housing Commission. Amend RSA 673:21 to read as follows:
673:21 Transfer of Documents Upon Abolition of Planning Board, Heritage Commission, Historic District Commission, [and] Agricultural Commission, and Housing Commission.
I. Whenever a heritage commission, historic district commission, [or] agricultural commission, or housing commission is abolished, the records shall be transferred to the planning board. In a municipality where a planning board does not exist, the records shall be transferred to the city, town, or village district clerk, or to the clerk for the county commissioners, whichever is appropriate.
II. Whenever a planning board is abolished, the records shall be transferred to the city or town clerk, to the clerk of the board of district commissioners, or to the clerk for the county commissioners, whichever is appropriate.
391:10 New Subdivision; Housing Commissions. Amend RSA 674 by inserting after section 44-g the following new subdivision:
674:44-h Housing Commission. A housing commission may be established in accordance with RSA 673 for the proper recognition, promotion, enhancement, encouragement, and development of a balanced and diverse supply of housing to meet the economic, social, and physical needs of the municipality and its residents, viewed in the context of the region within which the municipality is situated. The establishment of a housing commission shall in no way limit a municipality’s authority relative to a housing authority under RSA 203.
674:44-i Powers.
I. Housing commissions shall have authority to:
(a) Conduct a housing needs assessment, which may be done in cooperation with the regional housing needs assessment compiled by the regional planning commission under RSA 36:47, II.
(b) Conduct activities to recognize, promote, enhance, and encourage the development of housing, particularly affordable and workforce housing.
(c) Assist the planning board, as requested, in the development and review of those sections of the master plan which address housing, and those sections of the zoning ordinance, subdivision regulations, and site plan regulations that address housing or otherwise have the potential to affect the cost or availability of housing.
(d) Advise, upon request, local agencies and other local boards in their review of requests on matters affecting or potentially affecting housing resources.
(e) Coordinate activities with appropriate service organizations and nonprofit groups.
(f) Publicize and report its activities.
(g) Hire consultants and contractors.
(h) Receive gifts of money and property, both real and personal, in the name of the city or town, to assist in carrying out the purpose of this section.
(i) Hold meetings and hearings necessary to carry out its duties.
II. The commission may acquire real property, in the name of the town or city, subject to the approval of the local governing body, by gift, purchase, grant, bequest, devise, lease, development rights, covenant, or other contractual right, including conveyances with conditions, limitations, or reversions, as may be necessary to maintain, improve, protect, limit the future use of, or otherwise conserve and properly use the affordable housing of the city or town, and shall manage and control the same; provided, however, that the city, town, or commission shall not have the right to condemn property for these purposes. The commission shall also have the right to dispose of property so acquired, subject to the approval of the local governing body. Prior to the use of such funds for the purchase of any interest in real property, the housing commission shall hold a public hearing with notice in accordance with RSA 675:7.
674:44-j Appropriations Authorized.
I. A town or city, having established a housing commission under this subdivision, may appropriate money to the housing commission as necessary to carry out its purposes. The whole or any part of money so appropriated in any year and any gifts of money received under RSA 674:44-i shall be placed in a housing fund and allowed to accumulate from year to year.
II. The town treasurer, pursuant to RSA 41:29, shall have custody of all moneys in the housing fund and shall pay out the same only upon order of the housing commission. The disbursement of housing funds shall be authorized by a majority of the housing commission.
391:11 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 17, 2008
Effective Date: September 15, 2008