Bill Text: NH SB101 | 2024 | Regular Session | Introduced
Bill Title: Relative to penalties for violations of manufactured housing park sales requirements.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; 01/03/2024; Senate Journal 1 [SB101 Detail]
Download: New_Hampshire-2024-SB101-Introduced.html
SB 101 - AS INTRODUCED
2023 SESSION
23-0868
05/10
SENATE BILL 101
AN ACT relative to penalties for violations of manufactured housing park sales requirements.
SPONSORS: Sen. Avard, Dist 12; Sen. Carson, Dist 14
COMMITTEE: Commerce
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ANALYSIS
This bill permits manufactured housing park residents to pursue additional legal remedies when a park owner violates the notice requirements required prior to sale of the park. The bill also increases the penalty the park owner is required to pay in such cases.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0868
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to penalties for violations of manufactured housing park sales requirements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Regulation of Manufactured Housing Parks; Tenants' Right to Notification Prior to Park Sale; Penalty. Amend RSA 205-A:22 to read as follows:
205-A:22 Penalty.
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] $25,000 or 25 percent of the total sales price, whichever is greater. [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.] The penalty under this section shall be in addition to any other right or remedy at law or in equity available to an individual park resident or a residents' association formed by residents of the manufactured housing park. The resident and/or association shall have the right to place a lien on the real property comprising the manufactured housing park pending resolution of the violation and shall reserve the right to request specific performance and set aside the sale of the property. Nothing in this section shall be deemed to prevent a resident or residents' association from attaching 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.
2 Effective Date. This act shall take effect January 1, 2024.
