Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)

Citation: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Parent Document: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Jurisdiction: New Hampshire (state)
Effective Date: 1995-12-29
Original Source: https://www.courtlistener.com/opinion/8091585/penrich-inc-v-sullivan/ ↗

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The remaining tenants fare no better under RSA chapter 205-A or RSA 540:13-d. RSA 205-A:15 and :17 establish a procedure by which tenants of a manufactured housing park may bring a petition alleging health and safety hazards and which provides that the court may, if it finds that such conditions exist, authorize the withholding of rent until the conditions have been abated. The statute plainly makes no allowance for rent withholding absent a court order. RSA 540:13-d is similarly of no avail. This statute provides that a tenant may avoid an action for possession based on non-payment of rent by proving that the rented or leased premises are in substantial violation of health and safety standards and by complying with certain procedural requirements. The statute thus provides an affirmative defense to an action for possession based on *589non-payment of rent but does not offer any mechanism by which a tenant withholding rent can prevent a landlord from initiating such an action.

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