CHAPTER 130-A LEAD PAINT POISONING PREVENTION AND CONTROL
Section 130-A:8-a
130-A:8-a Relocation of Tenants. –
I. In circumstances where the presence of a lead exposure hazard is unsuspected and becomes known when the dwelling or dwelling unit is already rented to a family with a child, the owner may temporarily relocate the family during the lead hazard reduction activity. The temporary relocation shall meet all of the following conditions:
(a) The tenant must be offered an available replacement dwelling which is safe, sanitary, and does not contain an interior lead exposure hazard defined in RSA 130-A:1, XVI(b). If a child in the tenant family has been found to have a blood lead level which exceeds 30 micrograms per deciliter, the dwelling shall not contain any lead exposure hazard.
(b) The owner shall make reasonable efforts to locate a replacement dwelling in the same elementary school district as the unit from which the family is being relocated.
(c) The rent for the replacement unit shall not exceed the rent for the unit from which the family is being displaced. The tenant has the duty to pay rent for the replacement dwelling unit provided, however, that any rent paid by the tenant for the unit from which the tenant has been displaced which covers the time period that the tenant occupies the replacement dwelling shall be paid to the owner of the replacement dwelling by the owner of the original unit. The owner may relocate the family to a dwelling unit that is more expensive than the original unit, provided that the owner pays the difference in rent between the 2 units.
(d) The owner shall agree in writing to permit the family to reoccupy the original dwelling unit as soon as the lead exposure hazard has been reduced.
(e) The owner shall pay the reasonable and actual costs of relocation from and back to the original dwelling unit. The owner may, at such owner's sole option, personally move the tenant's household furnishings and personal property or move them by using agents or employees, rather than pay the tenant to have such tenant's possessions moved. The payment of moving expenses authorized under this subparagraph shall not exceed the amount of the tenant's security deposit plus the prepaid rent.
II. Eviction of a family based on the presence of a lead exposure hazard shall not be permitted when the method of lead hazard reduction chosen by the owner is interim controls or encapsulation. When the owner has been given a written order for lead hazard reduction by the commissioner pursuant to RSA 130-A:7, the owner may bring an action to evict the family when all of the following conditions have been met:
(a) The method of lead hazard reduction can reasonably be expected to require more than 30 days to perform.
(b) The tenant shall be offered an available replacement dwelling which is safe, sanitary, and does not contain a lead exposure hazard.
(c) The replacement unit shall be comparable in size to the unit from which the family is being relocated.
(d) The owner shall make reasonable efforts to locate a replacement dwelling in the same elementary school district as the unit from which the family is being relocated.
(e) The rent shall be comparable to the rent for the unit from which the family is being displaced.
(f) The owner shall agree in writing to permit the tenant to reoccupy the original dwelling unit when the lead exposure hazard has been reduced, provided that:
(1) The lead hazard reduction occurs within 6 months of the date the tenant moved out of the original dwelling.
(2) The tenant provides the owner with written notice of the address where such tenant can be contacted when the lead exposure hazard has been reduced.
(3) Within 10 days of receiving the offer to reoccupy the original unit, the tenant agrees to do so.
(4) The tenant agrees to resume the tenancy within 30 days of accepting the owner's offer.
(g) Prior to the time the family vacates the unit, the owner shall return the tenant's security deposit, regardless of any rental arrears owed by the tenant or the condition of the unit, plus all prepaid rent. Prior to the reoccupancy of the unit under the provisions set forth in RSA 130-A:8-a, II(f), the tenant shall pay any rental arrears which shall have been demanded under RSA 540:4, prior to the relocation of the tenant. The rental arrears shall be paid at least 10 days prior to reoccupancy. The tenant shall return the security deposit to the owner within 45 days after reoccupancy pursuant to RSA 540-A:6.
(h) The landlord provides the tenant with a 30-day eviction notice pursuant to RSA 540:2, II(f). Such notice shall inform the tenant of the tenant's right to the return of the security deposit and prepaid rent and the right to reoccupy the premises as set forth in RSA 540:2, II(f).
III. When an owner has been given a written order for lead hazard reduction by the commissioner, pursuant to RSA 130-A:7, the owner may withdraw the dwelling unit from the residential rental market in lieu of undertaking reduction of the lead exposure hazard. In such a case, the owner may bring an action to evict the family if the owner fulfills all of the conditions set forth under paragraph II. The dwelling unit shall not be subsequently rented for residential purposes without the reduction of all of the lead exposure hazards associated with the unit.
IV. Any owner who violates paragraph III by re-renting the dwelling unit for residential purposes without first reducing the lead exposure hazard shall be subject to the remedies set forth in RSA 130-A:14 and 16, and liable to the family who was evicted due to the lead exposure hazard in the amount of $1,000 plus costs and reasonable attorney's fees. Each dwelling unit re-rented without reduction of lead exposure hazards shall constitute a separate violation.
V. Any owner who conveys, sells, or transfers an interest in a dwelling unit which has been withdrawn from the residential rental market pursuant to paragraph IV without disclosing in writing the existence of the commissioner's order shall be subject to the penalties set forth in RSA 130-A:14 and 16. The conveyance of each dwelling unit so transferred shall constitute a separate violation. No buyer or transferee who has notice of the commissioner's order may rent the dwelling unit without first reducing the lead exposure hazards referenced in the order.
VI. Any owner who fails to comply with subparagraph II(f) shall be liable to the displaced tenant in the amount of $500 plus costs and reasonable attorney's fees.
VII. The refusal of a family to temporarily relocate after the owner has met all of the requirements of paragraph I shall constitute grounds for eviction pursuant to RSA 540:2, II(d).
VIII. Any tenant who is party to a written lease and who is forced to relocate due to a lead exposure hazard may, at his sole option, terminate the lease as of the day the tenant relocates from the dwelling unit. The tenant wishing to terminate shall provide written notice to the owner or the owner's agent within 7 days of the date of relocation. Once the tenant provides such notice, the owner shall no longer be liable for a rent supplement, if any, paid pursuant to subparagraph I(c).