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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In determining the meaning of the statute, we examine the statutory language itself and construe the law consistently with its plain meaning. Town of Tilton v. State, 137 N.H. 463, 465, 629 A.2d 791, 793 (1993). In Penrich I, we noted that RSA 205-A:15 specifically requires “that the owner of the park receive fourteen days’ notice of the violations that form the grounds for the petition.” Penrich I, 136 N.H. at 623, 620 A.2d at 1038-39. RSA 205-A:17, II provides that the court may “[authorize the tenants in the manufactured housing park who are affected by the unhealthy or unsafe conditions to withhold payment of their rent until such time as the threat to their health and safety has been abated.” The construction most consistent with the language of the statute is that the health *590and safety conditions which justify the withholding of rent under RSA 205-A:17 must be the subject matter of a petition that meets the procedural requirements of RSA 205-A:15, including the notice requirement. Because we reversed the 1991 order with respect to the remaining tenants based on the absence of any proof of the required notice, there is no finding of “unhealthy or unsafe conditions” affecting these tenants to justify their withholding of rent.

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