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New Hampshire housing attorney warns new eviction law could devastate tenant protections

January 21, 2025 | Housing, House of Representatives, Committees , Legislative, New Hampshire


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

New Hampshire housing attorney warns new eviction law could devastate tenant protections
In a recent meeting of the New Hampshire House Committee on Housing, significant concerns were raised regarding the current state of the housing market and proposed legislative changes that could impact tenant rights. The discussions highlighted a troubling imbalance of power between landlords and tenants, with many expressing fears that proposed laws could exacerbate the already challenging rental landscape.

Economists generally agree that a balanced housing market requires a vacancy rate of around 5%. However, current conditions in New Hampshire reflect a stark reality where vacancy rates are significantly lower, leading to a "brutal" market for renters. This scarcity of available units means that losing an apartment can lead to substantial difficulties in finding new housing, increasing the risk of homelessness for many tenants.

Marta Horgan, a housing attorney with New Hampshire Legal Assistance, articulated the potential consequences of proposed legislation that would allow landlords to evict tenants without cause once their leases expire. Horgan emphasized that many tenants, particularly those on month-to-month agreements, could find themselves vulnerable to eviction without any legal recourse. She warned that if a tenant's lease has expired, judges may not consider complaints about living conditions or other grievances as valid defenses against eviction. This change could effectively eliminate the ability for tenants to argue against retaliatory evictions, which are often based on complaints about property conditions or discrimination.

The implications of such legislation are profound. Horgan noted that an eviction record, even for reasons beyond a tenant's control, could severely hinder their ability to secure future housing. In a tight rental market, landlords often rely on rental histories to screen applicants, and an eviction can be a significant barrier to finding new accommodations.

The committee also discussed the procedural aspects of eviction notices and the legal obligations of landlords. While some members argued that the proposed law would streamline the eviction process, others pointed out that it could lead to an increase in unjust evictions, particularly for tenants who may not have the resources to contest their eviction in court.

As the committee continues to deliberate on these issues, the discussions underscore a critical moment for housing policy in New Hampshire. The balance of power between landlords and tenants is at stake, and the outcomes of these legislative proposals could have lasting effects on the state's housing landscape. Stakeholders are urged to consider the broader implications of these changes, particularly in a market already strained by low availability and high demand. The committee's next steps will be closely watched by both tenant advocates and landlords as they navigate the complexities of housing law and tenant rights in New Hampshire.

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