HOUSING AND REDEVELOPMENT
REGULATION OF MANUFACTURED HOUSING PARKS
As used solely in this chapter unless the context specifically requires otherwise:
I. "Manufactured housing" includes, but is not limited to, manufactured housing as defined by RSA 674:31, and also includes any prefabricated dwelling unit which:
(a) Is designed for long term and continuous residential occupancy;
(b) Is designed to be moved on wheels, as a whole or in sections; and
(c) On arrival on the site, is complete and ready for occupancy, except for incidental unpacking, assembly, connection with utilities, and placing on support or permanent structure.
Nothing herein shall be construed to include campers or recreational vehicles within the definition of "manufactured housing".
II. "Manufactured housing park" means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more manufactured houses. Nothing herein shall be construed to apply to premises used solely for storage or display of manufactured housing.
III. "Person" means any natural person, corporation, partnership, or sole proprietorship.
IV. "Tenant" means any person who owns or occupies manufactured housing and pays rent or other consideration to place said manufactured housing in a manufactured housing park.
V. "Manufactured housing park owner" means the person holding title to the manufactured housing park to be sold.
VI. "Family member" includes the owner's spouse, son, daughter, mother, father, brother, sister, grandson, granddaughter, stepchildren, stepgrand-children, or first cousins.
VII. "Final unconditional offer" means a fully executed agreement for the sale of a manufactured housing park.
Source. 1973, 291:1. 1983, 230:10, 18. 1985, 333:1. 1987, 383:1, eff. May 26, 1987.
No person who owns or operates a manufactured housing park shall:
I. Require any person as a precondition to renting, leasing or otherwise occupying a space for manufactured housing in a manufactured housing park to pay an entrance or other fee in an amount greater than the equivalent of 3 months' rent for said space provided that in no event shall any fee of any kind be charged unless for services actually rendered.
II. Deny any resident of a manufactured housing park the right to sell at a price of such resident's own choosing said resident's manufactured housing within the park or require the resident or purchaser to remove the manufactured housing from the park on the basis of the sale thereof. A resident of a manufactured housing park may place no more than 2 "for sale" signs on or in the manufactured housing for the purpose of selling the home. The park owner or operator may reserve the right to approve the purchaser of the manufactured housing as a tenant, but such approval may not be unreasonably withheld. The park owner or operator may require as a condition of said permission that the purchaser and the purchaser's household meet the current rules of the park. In connection with the sale of a tenant's manufactured housing, the park owner or operator shall not:
(a) Make any rule or enter into a contract, which shall abrogate or limit the tenant's right to place "for sale" signs on or in the tenant's manufactured housing; provided, however, the park owner or operator may by rule or contract provision impose reasonable limitations as to size, quality, registration of such signs, requirements that the posting of such signs be pursuant to bona fide efforts to sell, and removal when the home is no longer being offered for sale. No such limitation as to size or quality shall restrict the use of a painted or printed sign which is 216 square inches or less in size and which contains no more than the words "for sale", along with the name, address and telephone number of the seller, or the name, address, and telephone number of the seller's agent or representative;
(b) Charge a commission or fee with respect to the price realized by the seller unless the park owner or operator has acted as an agent for the manufactured housing owner pursuant to a written contract;
(c) Require the purchaser to provide the names of more than 3 references from whom the park owner or operator can seek information concerning the behavior and financial reliability of the purchaser; nor shall the purchaser be required to obtain a written report from any such reference;
(d) For a period of 3 years after the implementation of a rule restricting occupancy, refuse to approve the on-site sale of manufactured housing to any person on the basis of age or family status unless such a restriction on occupancy was included in the rules or lease or rental agreement at the time the seller commenced tenancy in the park.
(e) Impose a non-refundable fee for processing an application for tenancy that exceeds $125, unless the park owner provides the applicant with an itemized breakdown of the application fee. An application fee may exceed $125, provided that it is reasonable.
(f) If the park rules require a pre-sale inspection of the home, fail to provide written notice to the park tenant, within 14 calendar days of receiving written notification from the tenant that he or she is going to attempt to sell his or her home in place, of all repairs and improvements that the park owner requires in order to approve the sale. If the park rules do not require a pre-sale inspection of the home and the tenant makes a written request for a specification of the repairs and improvements that the park owner requires for approval of an on-site sale, the park owner shall have 14 days to provide a written list of the required repairs and improvements. The park owner's response to the tenant is valid for 90 days after which time if a sale has not been completed, the park owner may require additional improvements or repairs of any defective conditions which have arisen since the park owner's initial response. The park owner may not require:
(1) The repair or removal of anything inside the home that does not adversely affect the infrastructure of the park.
(2) Compliance with an aesthetic standard if the standard relates to physical characteristics, such as size, original construction materials or color; provided however that nothing in this subparagraph shall prevent a park owner from requiring compliance with aesthetic standards related to maintenance or repairs of deteriorating or defective features of the home, or the removal of a structure or fixture which was added to the home by the seller without the permission of the park owner.
(g) Fail to provided written notice to the prospective buyer, within 14 calendar days of receipt of the prospective buyer's completed application for tenancy, setting forth the reason for the park owner's refusal to approve or indicating the park owner's approval of the prospective buyer as a park tenant. If the prospective buyer is denied the park owner shall, upon request of the seller, send a notice of the denial to the seller that does not disclose the reason therefor.
III. Require manufactured housing at the time of sale or otherwise, which is safe, sanitary and in conformance with aesthetic standards, if any, of general applicability contained in the rules, to be removed from the park. For the purposes hereof, manufactured housing shall be presumed to be safe if it is established that the manufactured housing was constructed to any nationally recognized building or construction code or standard. Failure to meet any such standard or code, in and of itself, shall raise no presumption that the manufactured housing is unsafe; nor may such failure be used as a reason for withholding approval of an on-site sale. The park owner or operator shall have the burden of showing that manufactured housing is unsafe, unsanitary, or fails to meet the aesthetic standards of the park. No aesthetic standard shall be applied against manufactured housing if such standard relates to physical characteristics, such as size, original construction materials or color.
IV. Require any tenant to purchase any goods or services, including but not limited to fuel oil, paving, snow plowing, dairy products, laundry services, bakery products, or food products, from any particular person or company. The park owner or operator may require skirting on the manufactured housing and may make rules governing the size and number of out-buildings and additions; but in such case, must provide the tenant with reasonable options as to the type of materials and construction. The park owner or operator may also impose reasonable conditions relating to central fuel and gas metering systems in the park; provided that if such conditions are imposed, the charges for such goods or services shall not exceed the average prevailing price in the locality for similar goods and services.
V. Prevent any person or company from selling to or delivering to or otherwise supplying and servicing any tenant with goods or services, or make any charge or request any fee from any such person or company for such activities; provided, that a park owner or operator may prohibit or regulate the soliciting or peddling of sales, goods or services within the park premises.
VI. Require any tenant, or person seeking space in the manufactured housing park, to purchase manufactured housing from any particular person unless the person designated is the park owner or operator and the requirement is imposed only in connection with the initial leasing or renting of a newly-constructed lot or space not previously leased or rented to any other person.
VII. Fail to disclose to each prospective tenant, in writing and a reasonable time prior to the entering into of any rental agreement, all terms and conditions of the tenancy, including rental, utility, entrance and service charges.
VIII. Make or attempt to enforce any rule which:
(a) Establishes an additional charge or increased rental payments, directly or indirectly, for persons under the age of 18 residing in manufactured housing. The park owner or operator may make reasonable rules governing the number of adults or total number of persons permitted to reside in manufactured housing and may establish an additional charge not to exceed 10 percent of gross monthly rent per adult per month where the number of adults residing in manufactured housing exceeds the limit established by such rules.
(b) Requires a tenant to get prior permission of the park owner or operator before an overnight guest can stay in the park; provided, however, a park owner or operator may require prior permission for any guest who stays longer than 30 days, which permission shall not be unreasonably withheld.
(c) Imposes a charge for pets, unless the park owner or operator establishes that services are rendered and expenses are actually incurred because of the existence of such pets; provided that the park owner or operator may make rules, which at the time of implementation, affect only new tenants and the addition of pets by current park residents, governing the number or type of pets per site and providing for a penalty, after 30 days notice, of not more than $10 per month for each violation of such rules. Nothing herein shall be construed as requiring a park owner or operator to permit pets, other than those which remain entirely within the manufactured housing and normally require no outside facilities.
(d) Requires a tenant to sell or otherwise dispose of any personal property, fixture, or pet which the tenant had prior permission from the park owner or former park owner to possess or use; provided, however, that such a rule may be made and enforced if it is necessary to protect the health and safety of other tenants in the park.
IX. Charge or attempt to charge a tenant for repair or maintenance to any underground system, such as oil tanks, or water, electrical or septic systems, for causes not due to the negligence of the tenant or transfer or attempt to transfer to a current tenant responsibility for such repair or maintenance to the tenant by gift or otherwise of all or part of any such underground system.
X. Fail to provide each tenant with the name, address and telephone number of a manager or agent who resides within 10 miles of the park, if the park owner or operator does not reside within 25 miles of the park, which manager or agent shall:
(a) Be reasonably available in person, by means of telephone, or by telephone recording device checked at least twice daily to receive reports of the need for emergency repairs within the park;
(b) Be authorized to make or contract emergency repairs without specific authorization from the park owner or operator; and
(c) Be authorized to make or contract to make necessary non-emergency repairs if the park owner or operator cannot be reached within a reasonable amount of time.
XI. Fail to provide each person who applies to be a tenant of the park with a written copy of the rules of said manufactured housing park. Said rules shall set forth the terms and conditions of the tenancy and shall contain the following notice at the top of the first page printed in capital typewritten letters or in 10 point bold face print:
IMPORTANT NOTICE REQUIRED BY LAW
THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR RENTAL AGREEMENT WITH THIS MANUFACTURED HOUSING PARK. THE LAW REQUIRES ALL RULES OF THIS PARK TO BE REASONABLE. NO RULE MAY BE CHANGED WITHOUT YOUR CONSENT UNLESS THIS PARK GIVES YOU 90 DAYS ADVANCE NOTICE OF THE CHANGE.
SUBJECT TO THE TERMS OF ANY WRITTEN LEASE AGREEMENT, YOU MAY CONTINUE TO STAY IN THIS PARK AS LONG AS YOU PAY YOUR RENT AND ANY OTHER LAWFUL CHARGES, FOLLOW THE RULES OF THE PARK AND APPLICABLE LOCAL, STATE AND FEDERAL LAW, DO NOT DAMAGE PARK PROPERTY AND DO NOT REPEATEDLY BOTHER OTHER TENANTS IN THE PARK. YOU MAY BE EVICTED FOR NONPAYMENT OF RENT, BUT ONLY IF YOU FAIL TO PAY ALL RENT DUE WITHIN 30 DAYS AFTER YOU RECEIVE WRITTEN NOTICE THAT YOU ARE BEHIND IN YOUR RENT.
YOU MAY ALSO BE EVICTED FOR NOT FOLLOWING THE RULES OF THIS PARK, BUT ONLY IF THE RULES ARE REASONABLE, YOU HAVE BEEN GIVEN WRITTEN NOTICE OF YOUR FAILURE TO FOLLOW THE RULES, AND YOU THEN CONTINUE TO BREAK THE RULES. YOU MAY NOT BE EVICTED FOR JOINING A TENANT ORGANIZATION.
IF THIS PARK WISHES TO EVICT YOU, IT MUST GIVE YOU 60 DAYS ADVANCE NOTICE, EXCEPT IF YOU ARE BEHIND IN YOUR RENT, IN WHICH CASE ONLY 30 DAYS NOTICE IS REQUIRED. THE EVICTION NOTICE MUST GIVE YOU THE REASON FOR THE PROPOSED EVICTION.
YOU HAVE THE RIGHT TO SELL YOUR HOME IN PLACE TO ANYONE AS LONG AS THE BUYER AND HIS HOUSEHOLD MEET THE RULES OF THIS PARK. YOU MUST NOTIFY THE PARK IF YOU INTEND TO SELL YOUR HOME. FAILURE TO DO SO MAY MEAN THAT THE BUYER WILL BE REQUIRED TO MOVE THE HOME FROM THE PARK.
COPIES OF THE LAW UNDER WHICH THIS NOTICE IS REQUIRED, RSA 205-A, MAY BE OBTAINED FROM THE CONSUMER PROTECTION AND ANTITRUST BUREAU OF THE ATTORNEY GENERAL'S OFFICE, 33 CAPITOL STREET, CONCORD, NEW HAMPSHIRE 03301 OR MAY BE ACCESSED FROM THE GENERAL COURT WEBSITE FOR THE STATE OF NEW HAMPSHIRE.
XII. Fail to respond to a written request of the consumer protection and antitrust bureau of the department of justice by not mailing or delivering a copy of the current park rules to the bureau within 7 days of receipt of the request. The bureau shall send the request by certified or registered mail. Failure to comply with this paragraph shall not constitute a defense to a possessory action.
Source. 1973, 291:1. 1974, 19:1-4. 1977, 144:1. 1979, 171:1. 1981, 481:1. 1983, 230:18. 1988, 231:1-3. 1996, 127:2-4. 2004, 150:1, 2. 2009, 195:1, eff. Jan. 1, 2010. 2011, 166:1, eff. Aug. 13, 2011.
205-A:3 Termination of Tenancy.
A tenancy in a manufactured housing park may be terminated by a manufactured housing park owner or operator upon giving notice in writing to the tenant in the manner prescribed by RSA 540:5 and by first class mail, to remove from the premises within a period of not less than:
I. 30 days, for an action based on RSA 205-A:4, I.
II. 60 days, for an action based on RSA 205-A:4, II, III, IV, or V.
III. 18 months, for an action based on RSA 205-A:4, VI.
Source. 1973, 291:1. 1979, 477:2. 1983, 230:18. 1985, 57:1; 333:2. 1988, 48:1, eff. Mar. 31, 1988.
205-A:4 Permissible Reasons for Eviction.
After the effective date of this section, a tenancy may be terminated by a park owner or operator pursuant to this chapter only for one or more of the following reasons:
I. Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that no action for possession shall be maintained if prior to the expiration of an eviction notice the tenant shall pay or tender all arrearages due plus $15 as liquidated damages.
II. Failure of the tenant to comply with local ordinances or state or federal law or regulations relating to manufactured housing or manufactured housing parks, provided that the tenant is first given written notice of the tenant's failure to comply with said laws or regulations and a reasonable opportunity thereafter to comply with said laws or regulations.
III. Damage by the tenant to the demised property, reasonable wear and tear excepted.
IV. Repeated conduct of the tenant, upon the manufactured housing park premises, which disturbs the peace and quiet of other tenants in the manufactured housing park.
V. Failure of the tenant to comply with reasonable written rules and regulations of the manufactured housing park as established by the park owner or operator in the rental agreement at the inception of the tenancy or as amended subsequently with the written consent of the tenant, or without the tenant's consent upon 3 months' written notice; provided that the tenant is first given written notice of the failure to comply and a reasonable opportunity thereafter to comply with said rules and regulations. Nothing in this section, however, shall be construed to permit a park owner or operator to vary the terms of a written or oral rental agreement without the express written consent of the tenant.
VI. Condemnation or change of use of the manufactured housing park.
Source. 1973, 291:1. 1983, 230:18. 1985, 57:2. 1991, 293:2. 1996, 127:5, 6. 2006, 192:4, eff. Jan. 1, 2007.
205-A:4-a Notice to Lienholders.
I. Any person who loans money secured by a lien on manufactured housing owned by a tenant in a manufactured housing park may give written notice of such lien to the park owner or operator and shall become an eligible lienholder for purposes of this section by giving such notice. An eligible lienholder may request the tenant to provide a copy of the park rules then in effect and a written statement disclosing the amount of rent and other charges that the tenant is obligated to pay to the park owner or operator. If the eligible lienholder is unable to obtain such park rules or information relating to the tenancy from the tenant or is uncertain as to its reliability, such lienholder may request the park owner or operator to provide such park rules or information to confirm its reliability. The park owner or operator shall provide such park rules and information to the eligible lienholder within 30 days of receipt of such request. If the park rules are amended or the amount of the rent or other charges are changed after the park owner or operator has received the original notice from the eligible lienholder, the park owner or operator shall give written notice of such change to such lienholder at the same time notice is given to the tenant. If the eligible lienholder assigns its interest in the lien on the manufactured housing, it shall give written notice of the assignment and the name and address of the assignee to the park owner or operator at the time the assignment is made. If the loan secured by the lien on the manufactured housing is repaid, the eligible lienholder shall give written notice of the release of the lien to the park operator or owner at the time the release is given. Any lienholder may release its lien on request of a park owner or operator on such terms and conditions as they may mutually agree.
II. At any time the tenant is in arrears for more than 30 days in the payment of rent and other charges, the park owner and operator may give written notice of such default by registered or certified United States mail, postage prepaid, to the eligible lienholder with a copy to the tenant. A specification of the amount that is past due and the current monthly rent and charges shall accompany such notice of default. The eligible lienholder shall have a period of not more than 60 days from receipt of such notice of default to determine whether it will assume responsibility for the payment of rent and other charges arising after the date of receipt of such notice of the default. If the tenant pays all unpaid rent and other charges within the 60-day period, the park owner or operator shall give notice of such payment in writing to the eligible lienholder, and no further action by such lienholder shall be required.
III. If the eligible lienholder elects to assume responsibility for the payment of rent and other charges commencing on the date of receipt of the notice of default pursuant to RSA 205-A:4-a, II, it shall notify the park owner or operator in writing, with a copy to the tenant, within the 60-day period and make payment of the rent and other charges that are due; provided, however, that no late charges shall be assessed against such lienholder if payment is made within the 60-day period. If the tenant subsequently pays all unpaid rent and other charges, including liquidated damages as provided in RSA 205-A:4, I, due to the park owner or operator, such lienholder shall not be responsible for the payment of rent or other charges thereafter unless a new event of default occurs and it agrees to assume responsibility for such payment pursuant to RSA 205-A:4-a, II and III. If the eligible lienholder performs its obligations under this paragraph, it may exercise all of its rights as a secured party including, without limitation, the foreclosure of its lien on the manufactured housing. The eligible lienholder shall have all of the rights of the tenant to sell the manufactured housing in the park. The eligible lienholder shall not take any action which is contrary to the park rules provided to it pursuant to RSA 205-A:4-a, I and shall comply with such rules at such time as it takes possession of the manufactured housing through foreclosure or otherwise.
IV. If the eligible lienholder elects not to assume responsibility for the payment of rent and other charges pursuant to RSA 205-A:4-a, III, it shall notify the park owner or operator in writing, with a copy to the tenant, and may remove the manufactured housing from the park within the 60-day period as permitted under the laws of this state. If the manufactured housing is not removed from the park within the 60-day period, the lien of the park owner or operator provided in RSA 205-A:4-a, VII relating solely to the amount of unpaid rent and other charges due from the tenant arising after the date of receipt of the notice of default by the eligible lienholder pursuant to RSA 205-A:4-a, II and of reasonable moving costs and storage charges if the park owner or operator removes the manufactured housing from the site shall take priority over the lien of such lienholder. Subject to such priority lien of the park owner or operator, the eligible lienholder may exercise all of its rights as a secured party including, without limitation, the foreclosure of its lien on the manufactured housing.
V. If a lienholder fails to give notice of its lien pursuant to RSA 205-A:4-a, I, or having given notice of its lien fails to give notice of the assignment thereof pursuant to RSA 205-A:4-a, I, or fails to give notice of its election to the park owner or operator within the 60-day period pursuant to RSA 205-A:4-a, III or IV, the lien of the park owner or operator provided in RSA 205-A:4-a, VII shall take priority over the lien of such lienholder.
VI. Any park owner or operator who fails to give notice in writing of any change in rent or other charges to an eligible lienholder shall be barred from collecting from such lienholder during the 60-day period provided in RSA 205-A:4-a, II any amount owed by the tenant which exceeds the rent and other charges previously disclosed to such lienholder. After the expiration of the 60-day period, the park owner or operator may collect from the eligible lienholder the rent and other charges then in effect in the park, as disclosed in the specification required in the notice of default as provided in RSA 205-A:4-a, II.
VII. A park owner or operator may commence eviction proceedings against a tenant at any time in accordance with the provisions of this chapter and may take possession of the space in the park occupied by such tenant following the issuance of a writ of possession, provided that if there is an eligible lienholder, it must be given written notice of the commencement of such proceedings and the eligible lienholder does not elect to assume responsibility for the payment of the rent and other charges within the 60-day period allowed by RSA 205-A:4-a, II. The park owner or operator shall have a lien on the manufactured housing of a tenant for the amount of all of the rent and other charges due from the tenant and of reasonable moving costs and storage charges if the park owner or operator removes the manufactured housing from the site, which lien shall take priority over all prior liens other than liens on account of real estate taxes and liens of eligible lienholders except as otherwise provided in RSA 205-A:4-a, IV and V. Such lien of the park owner or operator shall be in the nature of a security interest in manufactured housing as provided in RSA 477:44, IV. The park owner or operator may sell the manufactured housing as permitted by RSA 382-A:9 to recover the amount of its claim, subject to the homestead rights of the tenant as provided in RSA 480:1 unless waived by the tenant. A tenant shall be deemed to have waived the tenant's homestead rights if the tenant has executed a written waiver or if the rent and other charges due from the tenant are more than 60 days in arrears and the tenant has abandoned the premises, as evidenced by the absence of the tenant from the premises and the termination of any utility service serving the premises. Upon sale of the manufactured housing, the park owner or operator shall convey the manufactured housing by means of a deed or other document conforming to the requirements of RSA 477:44. The board of selectmen or assessors of the city or town may issue a statement that the manufactured housing may be relocated without the payment of the taxes assessed thereon as provided in RSA 80:2-a in the event the proceeds from the sale are insufficient to pay the full amount of the property tax outstanding. The costs of sale pursuant to RSA 382-A:9 shall be deducted from the proceeds of the sale and paid to the seller. Nothing contained in this section shall affect the obligations of the tenant to the park owner or operator under any rental or other agreement or the park rules.
VIII. Any lender may treat manufactured housing the same as realty for the purposes of securing loans for the financing of such housing. When a lender does treat manufactured housing as realty, no certificate of title shall be required under RSA 261:1 et seq.; however, all of the provisions with regard to conveyances, deeds, foreclosure and any other provisions of law applicable to mortgages of realty shall apply to manufactured housing.
Source. 1990, 57:1. 1994, 149:1. 1995, 28:2, eff. June 23, 1995. 2015, 272:17, eff. Oct. 1, 2015.
205-A:5 Reason to be Specified.
The manufactured housing park owner or operator shall specify in the notice required by this chapter the reason for the termination of any tenancy in such manufactured housing park.
Source. 1973, 291:1. 1983, 230:18, eff. Aug. 17, 1983.
205-A:6 Fees, Charges, Assessments.
I. A manufactured housing park owner or operator shall fully disclose in writing all terms and conditions of the tenancy including rental, utility and service charges, prior to entering into a rental agreement with a prospective tenant. No charges so disclosed may be increased by the park owner or operator without an explanation for the increase and specifying the date of implementation of said increase, which date shall be no less than 60 days after written notice to the tenant, and providing notice of the opportunity for voluntary private mediation of the increase under the Manufactured Housing Consumer Action Program. Nothing in this section, however, shall be construed to permit a park owner or operator to vary the terms of a written or oral rental agreement without the express written consent of the tenant.
I-a. (a) Every notice of rent increase issued by a park owner pursuant to paragraph I shall contain the following statement in 10 point bold face print:
IF YOU OBJECT TO THIS RENT INCREASE AS ARBITRARY OR UNREASONABLE YOU MAY BE ABLE TO ENGAGE IN MEDIATION, WITH THE COST OF THE MEDIATOR TO BE FULLY PAID BY THE PARK OWNER, IF: AT LEAST ONE ADULT MEMBER OF NO LESS THAN 51 PERCENT OF THE HOME OWNERS IN THE PARK SIGNS A PETITION REQUESTING MEDIATION, and THE RENT INCREASE EXCEEDS $15 PER MONTH.
(b) The notice required in this section shall also provide the name, address, and telephone number of the person or entity which shall arrange the mediation.
II. In the event that a park owner or operator shifts responsibility for payment of water, sewer, or any other utility service to the tenant, the park owner or operator shall be responsible for the cost incurred in the conversion, including the cost of installation of utility meters, if any, on each manufactured home in the park, except as permitted by the public utilities commission pursuant to RSA 374 and RSA 378. After such a conversion, manufactured housing park tenants shall be billed directly by the utility for the use of such services.
III. Any park owner or operator who is billed as a single entity for any utility service shall be prohibited, on and after the effective date of this paragraph, from charging manufactured housing park tenants an administrative fee in relation to such utility service, except as permitted by the public utilities commission pursuant to RSA 374 and RSA 378.
IV. No manufactured housing park owner or operator shall charge a late fee for any rental payment that is paid in full within 7 calendar days of the due date.
Source. 1973, 291:1. 1983, 230:18. 1994, 314:2. 1996, 127:1, eff. July 20, 1996. 2018, 73:1, eff. July 24, 2018. 2019, 59:1, eff. July 1, 2019.
205-A:7 Security Deposits.
No owner or operator of a manufactured housing park shall require as a security or damage deposit an amount greater than one month's rent. Said deposit shall be held or disposed of by said owner or operator in compliance with the provisions of RSA 477:48.
Source. 1973, 291:1. 1977, 551:2. 1983, 230:18, eff. Aug. 17, 1983.
205-A:8 Purchase of Equipment.
No manufactured housing park owner or operator shall require a resident therein to purchase from any particular person under-skirting, equipment for tying down manufactured housing or any other equipment required by law, local ordinance or regulation of the manufactured housing park. However, the park owner or operator may determine by rule or regulation the style or quality of such equipment to be purchased by the tenant from a vendor of the tenant's choosing.
Source. 1973, 291:1. 1983, 230:18, eff. Aug. 17, 1983.
205-A:9 RSA 540 Applicable Where Not Inconsistent.
The provisions of RSA 540 shall apply to tenancies in manufactured housing parks except where such application would produce a result inconsistent with or contrary to the provisions of this chapter.
Source. 1973, 291:1. 1983, 230:18, eff. Aug. 17, 1983.
205-A:10 Waiver Prohibited.
No lease or rental agreement, oral or written shall contain any provision by which a tenant waives any rights under this chapter or RSA 540-A, and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
Source. 1973, 291:1. 1981, 481:3. 1996, 127:7, eff. July 20, 1996.
205-A:11 Repealed by 1977, 555:1, eff. Sept. 13, 1977.
Any police department or agency, or the consumer protection and antitrust bureau of the department of justice may bring an action to enforce the provisions of this chapter.
Source. 1973, 291:1. 1979, 171:1. 1985, 300:7, I(a).
205-A:12-a Civil Penalty.
In addition to other remedies allowed by law, a manufactured housing park owner may be assessed by a district court a civil penalty of $500 and other reasonable damages for any violation of RSA 205-A:2.
Source. 1992, 197:1. 1994, 132:1, eff. Jan. 1, 1995.
205-A:13 Repealed by 1992, 197:2, eff. Jan. 1, 1993.
205-A:13-a Unfair Trade Practice.
Any violation of the provisions of RSA 205-A:2 shall also constitute an unfair trade practice within the meaning of RSA 358-A and may be enforced as provided in RSA 358-A.
Source. 1994, 132:2, eff. Jan. 1, 1995.
205-A:13-b Remedy for Complainant.
An individual complainant shall only be entitled to relief under RSA 205-A:12-a or RSA 205-A:13-a.
Source. 1994, 132:2, eff. Jan. 1, 1995.
205-A:13-c General Applicability.
I. A manufactured housing park owner shall assure that the roads are passable and common areas within the manufactured housing park are safe and fit for the purpose for which they were reasonably intended.
II. Cooperative housing parks shall be subject to the provisions of RSA 205-A.
III. In the rental of any lot in a manufactured housing park there shall be an implied warranty of habitability whereby the park owner warrants, at the inception and throughout the tenancy, that, if provided by the owner:
(a) There is a functioning water supply system which, if the source is provided by the owner, shall provide safe drinking water in accordance with the applicable standards established by the department of environmental services in quantities to meet ordinary household needs of the tenant.
(b) There is a safely functioning sewage disposal system, which shall be in accordance with the applicable standards established by the department of environmental services, available to the tenant household.
IV. The housing standards set forth under RSA 48-A shall also apply to manufactured housing parks.
Source. 1996, 125:2, eff. July 5, 1996.
205-A:14 Other Actions Saved.
This chapter shall not be construed to affect unfair trade practices otherwise actionable at common law or under other statutes of this state.
Source. 1973, 291:1, eff. Aug. 22, 1973.
Health and Safety Conditions
Any manufactured housing owner who rents a lot in a manufactured housing park, where a condition exists which may endanger or materially impair the health or safety of the manufactured housing owner or the health and safety of the public, may file a petition in the superior court against the owner of the manufactured housing park to enjoin the threat to health and safety. Such petition shall set forth the defective condition and the reason that it poses a threat to the health and safety of the petitioner, other tenants, or public at large, and that said condition was not substantially caused by the tenant or any other person acting under the tenant's control. The petition shall also state that the owner or tenant has been notified of the condition not less than 14 days prior to filing of the petition.
Source. 1981, 481:4. 1983, 230:18. 1996, 127:8, eff. July 20, 1996.
A temporary hearing on said petition shall be held no more than 30 days from the filing of the petition, unless such a temporary hearing is waived by the parties.
Source. 1981, 481:4, eff. Aug. 28, 1981.
If the court finds that a condition exists which may endanger or materially impair the health or safety of the petitioner, other tenants or the public, it may:
I. Issue any appropriate restraining order, preliminary injunction and injunction; or
II. Authorize the tenants in the manufactured housing park who are affected by the unhealthy or unsafe conditions to withhold payment of their rent until such time as the threat to their health and safety has been abated; or
III. Appoint a receiver if the court finds:
(a) That more than 10 percent of the tenants in the park are threatened by the dangerous condition or conditions; and
(b) That at least 30 days prior to the filing of the petition the park owner was notified of the existence of the dangerous condition by a state or local health officer, building inspector, housing code official, or by the governing body of the municipality in which the park is situated; and
(c) The park owner has failed to substantially abate the health or safety hazard or has not contracted to make the repairs or modifications that are necessary to render the park safe for occupancy.
Source. 1981, 481:4. 1983, 230:18, eff. Aug. 17, 1983.
205-A:18 Powers of Receivers.
If the court appoints a receiver pursuant to RSA 205-A:17, III, the receiver shall have such powers and duties as the court shall determine including the right to:
I. Collect rents from every manufactured housing resident who is renting a lot in the park.
II. Disburse the rent collected for mortgage payments, taxes, and operating expenses as they come due, and for the payment of other expenses necessary for the operation and maintenance of the park.
III. Make contracts and payments necessary to abate and correct the dangerous conditions.
IV. Evict tenants pursuant to the provisions of this chapter.
V. Collect reasonable fees for services as authorized by the court.
Source. 1981, 481:4. 1983, 230:18. 1996, 127:9, eff. July 20, 1996.
205-A:19 Attorneys' Fees and Costs.
If the court finds that a tenant or a park owner has filed a frivolous petition for the purpose of harassing the other party, it shall assess the court costs and reasonable attorneys' fees against the petitioner.
Source. 1981, 481:4. 2002, 109:1, eff. Jan. 1, 2003.
205-A:20 Other Remedies Unaffected.
The remedies provided in this subdivision are in addition to and not in derogation of any other remedies which may be available to an injured party at common law or by statute.
Source. 1981, 481:4, eff. Aug. 28, 1981.
Tenants' Right to Notification Prior to Park Sale
205-A:21 Notice Required Before Sale.
I. No manufactured housing park owner shall make a final unconditional acceptance of any offer for the sale or transfer of a manufactured housing park without first giving 60 days' notice:
(a) To each tenant:
(1) That the owner intends to sell the manufactured housing park; and
(2) Of the price, terms and conditions of an acceptable offer the park owner has received to sell the park or the price, terms and conditions for which the park owner intends to sell the park. This notice shall include a copy of the signed written offer which sets forth a description of the property to be purchased and the price, terms and conditions of the acceptable offer.
(b) To the New Hampshire housing finance authority that the owner intends to sell the manufactured housing park.
II. During the notice period required under paragraph I, the manufactured housing park owner shall consider any offer received from the tenants or a tenants' association, if any, and the owner shall negotiate in good faith with the tenants concerning a potential purchase. If during the notice period, the tenants decide to make an offer to purchase the manufactured housing park, such offer shall be evidenced by a purchase and sale agreement; however, the tenants shall have a reasonable time beyond the 60-day period, if necessary, to obtain financing for the purchase.
III. The notice required by paragraph I shall be served by certified mail, return receipt requested, to each tenant at such tenant's abode and to the New Hampshire housing finance authority at its main office. A receipt from the United States Postal Service that is signed by any adult member of the household to which it was mailed, or a notation on the letter that the letter was refused by any adult member of the tenant household, or that the addressee no longer resides there, or that the letter was returned to the post office unclaimed, shall constitute a conclusive presumption that service was made in any court action in this state. A receipt from the United States Postal Service that is signed by an employee of the New Hampshire housing finance authority shall constitute a conclusive presumption that service was made on the authority in any court action in this state.
Source. 1987, 383:2. 1989, 104:1. 1993, 34:1. 1996, 127:10, 11. 2001, 148:1, 2, eff. Jan. 1, 2002.
I. The owner of a manufactured housing park who sells or transfers a park and willfully fails to comply with RSA 205-A:21 shall be liable to the tenants in the amount of $10,000 or 10 percent of the total sales price. The total of damages to all tenants, in the aggregate, shall not exceed $10,000 or 10 percent, whichever is greater, of the total sales price. This civil penalty shall constitute the sole and exclusive remedy for violation of RSA 205-A:21 and the failure by a park owner to comply with said section shall not affect the validity of any sale or transfer of title nor shall such noncompliance constitute grounds to set aside a sale or transfer in any court proceedings. Nothing in this section shall be deemed to permit a tenant to attach the real estate for the penalty established by this section.
II. Lack of knowledge of this section by a park owner shall not be deemed to be a defense to an action for damages based on failure to comply with RSA 205-A:21, I.
Source. 1987, 383:2. 1989, 104:2, eff. June 30, 1989.
Notwithstanding the provisions of RSA 205-A:21, the owner of a manufactured housing park shall not be required to give notice to the tenants if:
I. A bank, mortgage company, or any other mortgagee has foreclosed on the park and said mortgagee:
(a) Is selling the park at a foreclosure sale; or
(b) Is selling the park after having purchased the park at a foreclosure sale.
II. The sale or transfer is to a family member of the owner or to a trust, the beneficiaries of which are family members of the owner.
III. The sale or transfer is by a partnership to one or more of its partners.
IV. The conveyance of an interest in the park is incidental to the financing of such park.
V. The sale or transfer is between joint tenants or tenants in common.
VI. The sale is pursuant to eminent domain.
Source. 1987, 383:2, eff. May 26, 1987.
205-A:24 Affidavit of Compliance.
I. A park owner may, as shall be appropriate under the circumstances, record in the registry of deeds of the county in which the park is located an affidavit in which the park owner certifies that:
(a) The park owner has complied with the requirements of RSA 205-A:21.
(b) The sale or transfer of the park is exempted from this chapter pursuant to RSA 205-A:23.
II. Any party acquiring an interest in a manufactured housing park, and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, shall have the absolute right to rely on the truth and accuracy of all statements appearing in such affidavit, and shall be under no obligation to inquire further as to any matter or fact relating to the park owner's compliance with the provisions of this section. It is the purpose and intention of this paragraph to preserve the marketability of title to manufactured housing parks, and, accordingly, the provisions hereof shall be liberally construed in order that all persons may rely on the record title to manufactured housing parks.
Source. 1987, 383:2. 1996, 127:12, eff. July 20, 1996.
Board of Manufactured Housing
205-A:25 Board Established; Members; Terms; Chairperson.
I. There is hereby created a board of manufactured housing consisting of 9 members. The members of the board shall be:
(a) Two public members, appointed by the governor.
(b) Two members appointed by the governor, from a list of 3 persons nominated by the New Hampshire Manufactured Housing Association.
(c) One member appointed by the governor, from a list of 2 persons nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.
(d) One member appointed by the governor who is a resident of a manufactured housing park who is not a member of the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.
(e) One member of the New Hampshire Bar Association, appointed by the president of such association.
(f) Two members of the house of representatives, appointed by the speaker of the house.
II. Except for the legislative members, 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 public members shall be appointed to 3-year terms, the resident of a manufactured housing park shall serve a 2-year term and the members from the housing associations, the tenants association and the bar association shall serve one-year terms. The legislative members shall serve terms which are coterminous to their terms in the general court.
III. The chairperson shall be chosen from among the members at the initial organizational meeting and shall serve at the pleasure of the members of the board.
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, as well as to the members appointed pursuant to subparagraphs I(b) through (f).
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.
Source. 1994, 368:1. 2002, 109:2, eff. Jan. 1, 2003.
205-A:26 Quorum, Disqualification of Members; Compensation.
I. A majority of the board shall constitute a quorum to conduct hearings, and a vote of at least 4 members present and voting in favor shall be required to adopt and approve any matter under consideration.
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. If the board does not have a quorum, the governor shall appoint an additional public member to hear the particular matter pending before the board.
III. The legislative members of the board shall receive legislative mileage. The remaining members shall receive mileage at the state employee rate.
Source. 1994, 368:1. 1996, 127:13, eff. July 20, 1996.
205-A:27 Jurisdiction; Procedure.
I. 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.
I-a. The board shall have the power to issue a decision as to whether a 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:28.
I-b. If a park owner promulgates a park rule which the board finds unreasonable as applied to the facts of a specific case, but 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.
II. 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.
III. 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.
IV. (a) Any resident of a manufactured housing park or any owner 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.
Source. 1994, 368:1, 5. 2004, 150:3, eff. Jan. 1, 2005.
205-A:28 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.
Source. 1994, 368:1, eff. June 9, 1994.
205-A:29 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.
Source. 1994, 368:1. 2002, 92:6, eff. May 3, 2002.
205-A:29-a Administrative and Business Processing Functions.
All administrative, clerical, and business processing functions of the board shall be transferred to the office of professional licensure and certification established in RSA 310-A:1 through RSA 310-A:1-e.
Source. 2011, 224:104, eff. July 1, 2011. 2015, 276:48, eff. July 1, 2015.
205-A:30 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.
Source. 1994, 368:1, eff. June 9, 1994.
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.
Source. 1994, 368:1, eff. June 9, 1994.