Dover Housing Board v. Colbath, 106 N.H. 481 (1965)

The term “dwelling house” has been given various definitions for various purposes. In the ordinary and common use of the word it means a building originally designed for human habitation. The fact that defendant’s building has been unoccupied for a number of years and he does not intend that it be used as a dwelling in the future is not controlling. The defendant’s building is a “dwelling house” within the meaning of RSA 48-A: 1 III (supp). The general purpose of RSA ch. 48-A (supp) is to impose housing standards for dwellings and it provides authority for their repair or demolishment, whether occupied or unoccupied when they are unfit for human habitation. The parties agree that the defendant’s building is unfit for human habitation and the Court further found it to be “a fire hazard, health hazard, eyesore and generally dilapidated.” We think the situation here was precisely what RSA ch. 48-A (supp) was intended to remedy. The plaintiff is entitled to remedial relief under the chapter. Remanded. All concurred.