SB 306-FN - AS INTRODUCED
2024 SESSION
24-2974
09/08
SENATE BILL 306-FN
AN ACT reinstating the board of manufactured housing.
SPONSORS: Sen. Avard, Dist 12
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill reinstates the board of manufactured housing and provides it with duties and requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2974
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT reinstating the board of manufactured housing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Board of Manufactured Housing. Amend RSA 205-A by inserting after section 31 the following new subdivision:
Board of Manufactured Housing
205-A:32 Board Established; Members; Terms; Chairperson.
I. There is hereby created a board of manufactured housing consisting of 5 members. The members of the board shall be:
(a) Two members from investor owned parks chosen from a list of 3 persons nominated by the New Hampshire Manufactured Housing Association, and appointed by the governor.
(b) Two members, one member from a list of 3 persons nominated by the New Hampshire Community Loan Fund, who are residents of a resident-owned community, and one member from a list of 3 persons nominated by Mobile/Manufactured Homeowner and Tenants Association of New Hampshire, with both members appointed by the governor.
(c) One neutral member from a list of 3 persons nominated by Housing Action NH appointed by the governor.
II. Each person shall serve for a 3-year term and until a successor is appointed and qualified, provided, however, that the initial appointments shall be as follows: the 2 members representing the investor-owned park shall be appointed to 3-year terms, the members representing the residents of a manufactured housing park and the member representing the resident owners park shall serve a 2-year term and the member from Housing Action NH shall serve a one-year term.
III. The chairperson shall be chosen from among the members at the initial organizational meeting and shall serve no more than 2 consecutive terms of 2 years.
IV. If there is a vacancy on the board, the provisions of RSA 21:33-a and 21:34 shall apply to the public members.
V. If any member of the board misses 3 consecutive meetings, without cause, the board shall inform the appointing authority in writing and the appointing authority shall appoint a new member to the board within 60 days from the receipt of the written notification.
VI. The board shall hold meetings every 90 days and may meet more frequently as deemed necessary by the board.
205-A:33 Quorum; Disqualification of Members; Compensation.
I. A majority of the members of the board shall constitute a quorum.
II. As a board member, one may disqualify oneself relative to any matter before the board, or if the board votes that any member has or may have a conflict of interest in any matter before the board, that member shall be disqualified to sit as a board member on the particular matter. The board may hear the matter if it has a quorum.
205-A:34 Jurisdiction; Procedure.
I.(a) The board shall hear and determine matters involving manufactured housing park rules, specifically RSA 205-A:2, RSA 205-A:7, and RSA 205-A:8, and following the provisions of RSA 301-A:20 through and including RSA 301-A:24, including a dispute resolution process to resolve conflicts in both investor-owned and resident-owned manufactured housing communities.
(b) The office of professional licensure and certification shall field all complaints and determine the need for a hearing on any such complaint. Any aggrieved party may forgo the office of professional licensure and certification hearing and request a hearing in the superior court. Any party may appeal a decision by the office of professional licensure and certification to not hold a hearing to the superior court to request a hearing.
II. The board shall have the power to issue a decision as to whether the rule of a manufactured housing park is reasonable as applied to the facts of a specific case. If the board determines that the rule is unreasonable, such ruling shall be binding on the parties in any subsequent court proceeding between the parties, unless the board's decision is reversed on appeal under RSA 205-A:34.
III. If a park owner promulgates a park rule which the board finds unreasonable as applied to the facts of a specific case, and the board affirmatively finds that such rule does not violate any provision of RSA 205-A:2, I-X, no damages, civil penalty, or attorneys fees shall be awarded to the tenant notwithstanding the provisions of RSA 205-A:12, 205-A:12-a, 205-A:13-a, or 358-A.
IV. Notwithstanding any other provision of law to the contrary, the board shall not have jurisdiction over any issues relative to rent or rental increases or jurisdiction over evictions.
V. Nothing in this subdivision shall preclude the right of the board to use the services of a mediator to resolve a dispute involving manufactured housing park rules.
VI.(a) Any resident of a manufactured housing park, any owner of a manufactured housing park, or a tenants association of a manufactured housing park may petition the board by filing a complaint with the board and paying a $25 filing fee which shall be used to defray the costs of the board. Such filing fee may be waived by the board if the board determines that such fee will cause an unfair financial burden on the petitioner. After review of the claim and a decision by the board that the matter has merit and is not frivolous, the board shall schedule a hearing within 60 days from the receipt of the claim. If the board finds the claim to be without merit or to be frivolous, it shall dismiss the complaint and explain in writing to the complainant its reasons for dismissing the complaint.
(b) The board shall serve notice, in writing, of the time and place of the hearing upon all appropriate parties at least 20 days prior to the date of the hearing. Both parties to the complaint may be represented by counsel.
(c) All hearings held by the board shall be held pursuant to RSA 541-A:31-36 unless such proceedings are specifically inconsistent with the provisions of this subdivision. All hearings of the board shall be subject to the provisions of RSA 91-A. The board shall not be bound by common law or statutory rules of evidence, but may admit all testimony having a reasonable probative value. It may exclude evidence which, in the opinion of the board, is immaterial, irrelevant, or unduly repetitious.
205-A:35 Decisions; Judicial Review and Enforcement.
I. When the board makes its decision, an order shall be made in writing and shall include findings of facts. The findings of facts shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The parties shall be notified by mail of any decision or order.
II. A decision of the board may be appealed, by either party, by applying for a rehearing and appealing to the superior court for the county in which either party resides in accordance with the procedures set forth in RSA 677:2-14, inclusive.
III. If no timely appeal is taken pursuant to paragraph II, the decision of the board shall become final. The board shall file a certified abstract of any final decision with the clerk of the superior court in the county of residence of the complainant. The clerk of such court shall enter judgment thereon, and such judgment may be enforced as with any final judgment of the superior court.
205-A:36 Meetings and Records. The board shall hold meetings in Concord, New Hampshire or in any other location deemed appropriate by the board. The records of the board shall be maintained at the office of the board of manufactured housing consistent with the retention policy established by the office of professional licensure and certification.
205-A:37 Administrative and Business Processing Functions. All administrative, clerical, and business processing functions of the board shall be conducted by the office of professional licensure and certification.
205-A:38 Notification and Cooperation Required. The board shall notify the bureau chief of the consumer protection and antitrust bureau, department of justice, that the board may accept and act on written complaints properly forwarded to it by such bureau relative to manufactured housing.
205-A:39 Rulemaking. The board, with the approval of the bureau chief of the consumer protection and antitrust bureau, shall adopt rules under RSA 541-A relative to the administration of this subdivision.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2974
Revised 12/18/23
SB 306-FN- FISCAL NOTE
AS INTRODUCED
AN ACT reinstating the board of manufactured housing.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2024 through 2027.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification