State reps favor landlord rights, killing housing bills to give tenants more protections

By MICHAELA TOWFIGHI

Monitor staff

Published: 03-10-2023 6:58 PM

At a time when New Hampshire renters face soaring costs and low availability, state representatives favored landlords’ rights, killing four bills that would have increased protections for tenants.

“I believe that it is our duty to empower the free market to provide affordable and accessible housing to all, however, we cannot do that by putting in place unnecessary regulations and barriers that hinder the growth of our housing market,” said House Majority Floor Leader Joe Sweeney, a Salem Republican. “Republicans came together to pass sensible legislation and defeat extremist policies.”

Two bills would have required tenants to receive a 60-day notification prior to renovations or building sales. A third would have required landlords to notify tenants of impending rent increases, while the fourth would have prohibited discrimination against housing vouchers.

Notification of changes

House Bill 401 would have helped people like Leah Fagen and Andrew Mason. The Concord renters found themselves looking for a new apartment after a landlord terminated their lease for renovations in their old building, it took three months to find one. Their landlord gave them 30 days notice to vacate, before granting them an extension. The bill would have required a 60-day notice.

When a multi-family home is up for sale, tenants can often be put in similar situations, forced to vacate units due to renovations or rent increases. Another bill, House Bill 112, would have required the same 60-day notification period.

Republican lawmakers considered the change to be too cumbersome.

“What if the sale of rental property needs to be accomplished quickly to pay for some unforeseen or emergency expense, such as surgery? What if 60 days was too long to wait?” asked Rep. Joe Alexander, a Goffstown Republican, regarding HB 112. “It would deny the owner the right to sell her property to her children, grandchildren, brothers, or business partners.”

Legislators in favor of the bill hoped the 60-day period would give tenants the chance to make an offer on the building themselves.

‘Rent control’

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In the last two years, rent for a two-bedroom unit in the state rose from $1,347 per month in 2019, to $1,584 in 2022. With rising rates, 45 percent of renters in New Hampshire are also rent-burdened, according to the New Hampshire Fiscal Policy Institute, meaning they spend more than 30 percent of their income on rent and may have trouble with other expenses.

A proposed bill, House Bill 567, would have provided a notification period prior to a rent increase from landlords. This would have allowed tenants to find more affordable options or plan to budget, supporters said.

In an income-restricted property, landlords would have to provide 60 days notice of a rent increase. If an increase exceeded more than 15 percent of the rent in a 6-month period, the tenant would have the right to terminate the lease with 10 days notice.

For all other properties, 30 days written notice would be required.

“We believe that this bill strikes a balance that acknowledges the right of landlords to raise rents while protecting tenants,” wrote Rep. Zoe Manos, a Stratham Democrat.

Instead, Republican legislators viewed it as a step towards allowing rent control, voting the bill down along party lines.

“Further regulations of the time and manner in which rent is raised will burden the property rights of landlords, cause landlords to raise rents to offset the additional burdens imposed by the bill, and do nothing to solve the housing shortage in New Hampshire,” wrote Rep. Katelyn Kuttab, a Windham Republican.

Housing vouchers

The Concord Coalition to End Homelessness estimates that 30 of their clients have housing vouchers, but are still unable to find an apartment. New Hampshire is the only state in New England that allows landlords to discriminate based on the source of income and deny voucher holders.

House Bill 469 would have changed that by requiring landlords to consider housing choice vouchers.

Voucher amounts are based on fair market rent prices calculated by the U.S. Department of Housing and Urban Development. In Merrimack County, the rate is $1,411 for a two-bedroom and $1,839 for a three-bedroom, with utilities included, for 2023.

Landlords would be able to deny an applicant with a voucher if the rent exceeded these amounts. This in turn, would incentivize landlords to raise rents, said Kuttab, in opposition of the bill.

Republican representatives also viewed the bill as further restricting landlords to comply with federal contracts associated with the voucher, and limit their choice of tenant.

All four bills were voted down along party lines.

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