NH Law About ...: Clean, Safe, and Livable Rentals (Habitability): Read The Law About ...

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New Hampshire Statutes

Revised Statutes Online. RSA 48-A. Housing Standards
The statute governing statewide minimum housing standards is RSA 48-A.
Revised Statutes Online. RSA 130-A. Lead Paint Poisoning Prevention and Control
Revised Statutes Online. RSA 540. Actions Against Tenants
RSA 540:1-b, III sets out the procedure for service of process for the enforcement of RSA 48-A. RSA 540:13-d provides a defense against eviction of tenants for non-payment of rent when the premises are in substantial violation of standards of fitness for health and safety under RSA 48-A or local codes.
Revised Statutes Online. RSA 540-A. Prohibited Practices and Security Deposits
RSA 540-A:4, VII (b) gives the district court jurisdiction to award damages to a plaintiff for violations of breach of warranty of habitability of the premises.
Revised Statutes Online. RSA 595-B. Administrative Inspection Warrants
RSA 595-B requires authorities to obtain an administrative inspection warrant from a court which enables them to gain entry to determine habitability when entry is initially denied.

New Hampshire Cases

Google Scholar. Kline v. Burns, 111 N.H. 87 (1971)
"[In] a rental of an apartment as a dwelling unit, be it a written or oral lease, for a specified time or at will, there is an implied warranty of habitability by the landlord that the apartment is habitable and fit for living. This means that at the inception of the rental there are no latent defects in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable."
Google Scholar. Tulley v. Sheldon, 159 N.H. 269 (2009)
"[W]hen a premises leased or rented for residential purposes is in substantial violation of the standards of fitness for health and safety, and the violation materially affects the habitability of the premises, the tenant has an affirmative defense to an action for possession based on non-payment of rent."
Google Scholar. Dover Housing Board v. Colbath, 106 N.H. 481 (1965)
"The general purpose of this chapter [RSA 48-A] is to impose housing standards for dwellings and it provides authority for their repair or demolition, whether occupied or unoccupied, when they are unfit for human habitation."
Google Scholar. LeFavor v. Ford, 135 N.H. 311 (1992)
"The relevant statute, RSA 48-A:14, VII, states in pertinent part that "[n]o landlord . . . renting or leasing a residential dwelling. . . shall maintain those rented premises in a condition in which . . . [t]he porches, stairs or railings are not structurally sound. . . ." This statute provides a standard of conduct for landlords, which is maintenance of the porches, stairs and railings in a structurally sound condition. If the porches, stairs or railings are not structurally sound, regardless of whether the landlord acted reasonably in the maintenance of the building, the statute is violated and the landlord is guilty of legal fault."
New Hampshire Judicial Branch. 2020-0013, John Lukens v. Kevin Quigley & a
"In order to entitle a tenant to relief under RSA 540:13-d, the premises must be “in substantial violation of the standards of fitness for health and safety,” and the violation must “materially affect[] the habitability of said premises.” ... To constitute a breach of the implied warranty of habitability, the violation must “render[] the premises unsafe or unsanitary, and thus unfit for living therein.""

New Hampshire Court Rules

Circuit Court. District Division. Landlord and Tenant Actions (Rules 5.1 to 5.12)

Local Ordinances

Towns and cities are allowed to create stricter housing standards than the state's minimum standards, so it's important to check local ordinances as well as state requirements. For example, if you compare Manchester's code with RSA 48-A, you'll see that Manchester's requirements for adequate heating are stricter. Local housing standards can usually be found on the town's website, or if not, with a call to the town code enforcement officer.

City of Manchester, N.H. Code of Ordinances. Title XV, Chapter 150 Housing Code
An example of one city's housing code. See Chapter 150 under Title XV.
New Hampshire Department of Business and Economic Affairs. Municipalities, Counties and Regions.
This table contains links to New Hampshire municipality websites, most of which include the local ordinances.

This site is maintained by the law librarians of the John W. King New Hampshire Law Library.
Our guides are for information purposes only and are not comprehensive.
They are intended as starting points for your legal research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.