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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An RSA 205-A:15 petition provides a manufactured housing park tenant with an opportunity to obtain a court order under RSA 205-A:17 allowing the withholding of rent pending the abatement of health and safety hazards. A tenant so withholding is not subject to eviction for non-payment of rent. RSA 540:13-d, in contrast, pro*592vides an affirmative defense to an action for possession based on non-payment of rent to a tenant who proves by clear and convincing evidence the existence of violations of health and safety standards and otherwise complies with the statute. If the tenant fails to carry the burden of proof or establish compliance, the action for possession may be maintained.

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