§ 85-5
Housing standards and enforcement.
A.
Standards for Public Agency. The Public Agency may determine that a dwelling is unfit for human habitation if conditions are found to exist in such dwelling which are unusually, abnormally, or unreasonably dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the City. Such conditions may include, but are not limited to, the following: defects which increase beyond normal the hazards of fire, accident, or other calamities; lack of reasonable adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, dangerous structural defects; uncleanliness; overcrowding; inadequate ingress and egress; inadequate drainage; or any violation of other health, fire or safety regulations.
B.
Fitness for human habitation, as defined herein, and/or the standards applicable to rented or leased residential dwellings contained in RSA 48-A:14 (as may be amended), as the case may be, are declared to be minimum standards for use and occupancy as permitted under RSA 48-A:11. In addition to all of its other powers, the Public Agency is authorized to prevent the use or occupancy of any dwelling which is injurious to the public health, safety, or welfare. See RSA 48-A:11, II.
C.
Procedures for complaints.
(1)
Whenever a petition is filed with the Public Agency by at least 10 residents of the municipality charging that any dwelling is unfit for human habitation or whenever it appears to the Public Agency by inspection that any dwelling is unfit for human habitation, it shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such dwelling (including persons in possession) a complaint stating the charges in that respect. If a person to be served resides outside the state, service may be made upon by certified or registered mail; and if there are any unascertained persons having an interest in said dwelling, notice may be given to them by publication in a newspaper having general circulation in the City, such publication to be at least 10 days before the date set for the hearing. Such complaint shall contain a notice that a hearing will be held before the Public Agency at a place set forth in such notice not less than 10 days nor more than 30 days after the serving of said complaint; that the owner, mortgagee and parties in the interest shall be given the right to file an answer to the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before such Public Agency.
(2)
After such notice and hearing, the Public Agency determines that the dwelling under consideration is unfit for human habitation it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which, if the repair, alteration or improvement of the said dwelling can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or if the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to remove or demolish such dwelling. If after notice given under this chapter an owner or interested person fails to appear for the stated hearing, the Public Agency may proceed to follow the process(es) set forth herein.
(3)
If an owner is aggrieved by an order of the Public Agency made under § 85-5C(2) of this chapter, they may appeal to the City Council which shall hold a public hearing upon said appeal, due notice of said hearing having first been given to the Public Agency and to the owner. The City Council may affirm or revoke the order of the public agency, or it may modify the same in accordance with its findings. If the City Council shall affirm or modify such order, the Public Agency shall proceed to enforce said order as affirmed or so modified, in the manner prescribed in § 85-5E, below. If the City Council shall revoke said order, the proceedings shall be terminated.
D.
Posting of notice:
(1)
Any structure declared as unfit for human occupancy (or found to be injurious to the public health, safety, or welfare pursuant to § 85-5C) pursuant to this chapter, and after following the process prescribed herein, shall be posted with a placard by the Public Agency. The placard shall include the following:
(a)
The name of the City.
(b)
The name of the authorized officer.
(c)
The chapter and section of the code under which it is issued.
(d)
An order that the structure when vacated must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn.
(e)
The date the placard is posted.
(f)
A statement of the penalty for defacing or removing the placard.
(2)
An order to prevent use or occupancy issued under § 85-5C of this chapter may be posted according to this section without prior notice and hearing, but such an order may be immediately appealed to the City Council.
E.
Enforcement procedure. If the owner fails to comply with an order made under § 85-5C(2) of this chapter to repair, alter, improve or to vacate and close the dwelling, or to remove or demolish the dwelling, the Public Agency may file a petition in the Superior Court in which it shall set forth the charges issued under this chapter, as well as any other allegations bearing upon the unfitness of the dwelling for human habitation. The court shall thereupon direct notice to be given all parties having an interest in said dwelling, including mortgagees and persons in possession thereof. Such notice shall be given, where practicable, by personal service, except that if a person to be served resides outside the state, service may be made upon him by certified or registered mail; and if there are any unascertained persons having an interest in said dwelling, notice may be given to them by publication of the petition in a newspaper having general circulation in the City, such publication to be at least 10 days before the date set for the hearing. The court shall set a date for hearing such charges and additional allegations. Upon hearing, the matter shall be treated as de novo, and the court shall hear such pertinent evidence concerning the fitness of the dwelling for human habitation as may be relevant.
F.
Order of the Court. If the court finds the dwelling complained against is unfit for human habitation as defined in this chapter, it shall direct the Public Agency to repair, alter, or improve such dwelling to render it fit for human habitation if such repair, alteration or improvement can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost; or if the repair, alternation or improvement of said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, to remove or demolish such dwelling. If the court shall find in favor of the owner, it shall award him his reasonable costs and expenses, including counsel fees, all as determined by the court, incurred by him in defense of the action in the Superior Court.
G.
Liens. Whenever the Public Agency shall incur cost for the repair, alteration, improvement, vacating or closing, or for the removal or demolition of a dwelling, pursuant to an order of the Superior Court, the amount of such costs shall be a lien against the real property as to which such cost was incurred and such lien, including as part thereof upon allowance of the Public Agency's costs and necessary attorneys' fees, may be foreclosed upon by order of the Superior Court made pursuant to a petition filed for that purpose. Such lien shall be subordinate to mortgages of record made before the institution of proceedings under this chapter. Notice of said lien shall be filed and recorded with the register of deeds. If the dwelling is demolished by the Public Agency, it shall sell the materials of such dwelling and pay the proceeds of such sale over to the Superior Court, for distribution to such persons as the court shall find entitled thereto.
H.
Fines and penalties.
(1)
The Public Agency may establish a procedure for the issuance of warnings for violations of this chapter in its discretion, RSA 47:17, XVI; RSA 48-A:8, VI, but the failure of the Public Agency to issue a warning shall not preclude the Public Agency from proceeding under this chapter or under any other law or authority. The Public Agency is authorized to issue citations and to utilize all remedies and processes available under Chapter 6, Administrative Enforcement, of the City Code. The Public Agency may also, or exclusively, follow other existing avenues for administering and enforcing this chapter. See, e.g., RSA 31:39-d.
(2)
It is declared to be a violation of this chapter:
(a)
For an owner keep or maintain a dwelling, including rented or leased premises, below the minimum standard established under § 85-5B of this chapter;
(b)
To fail to comply with an order issued by the Public Agency under this chapter;
(c)
To occupy a dwelling or structure having notice of an order not to use and occupy the same;
(d)
To destroy, disconnect, or render inoperable a smoke detector in a rental dwelling or unit;
(e)
To violate and provision or standard contained in this chapter; and
(f)
To do any of the foregoing by neglect, omission, or through an agent.
(3)
The civil penalty for violating this chapter is $275 for the first offense, and $550 for subsequent offenses, each day a violation continues constating a separate offense.
I.
Minimum standards for rented or leased dwellings. In addition and without exclusion to the minimum standard established for dwellings under this chapter, no landlord, as defined herein, renting or leasing a residential dwelling in the City, shall maintain those rented premises in a condition in which:
(1)
The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and remediation program. As used in this paragraph, "remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for a period of at least 60 days;
(2)
There is defective internal plumbing or a back-up of sewage caused by a faulty septic or sewage system;
(3)
There are exposed wires, improper connecters, defective switches or outlets or other conditions which create a danger of electrical shock or fire;
(4)
The roof or walls leak consistently;
(5)
The plaster is falling or has fallen from the walls or ceilings;
(6)
The floors, walls or ceilings contain substantial holes that seriously reduce their function or render them dangerous to inhabitants;
(7)
The porches, stairs or railings are not structurally sound;
(8)
There is an accumulation of garbage or rubbish in common areas resulting from the failure of the landlord to remove or provide a sufficient number of receptacles for storage prior to removal unless the tenant has agreed to be responsible for removal under the rental agreement and the landlord has removed all garbage at the beginning of the tenancy;
(9)
There is an inadequate supply of water or whatever equipment that is available to heat water is not properly operating;
(10)
There are leaks in any gas lines or leaks or defective pilot lights in any appliances furnished by the landlord; or
(11)
The premises do not have heating facilities that are properly installed, safely maintained and in good working condition, or are not capable of safely and adequately heating all habitable rooms bathrooms and toilet rooms located therein, to a temperature of at least an average of 65° F.; or, when the landlord supplies heat in consideration for the rent, the premises are not actually maintained at minimum average room temperature of 65° F. in all habitable rooms.
J.
General occupancy standards. No person shall let to another for occupancy any dwelling, rooming house, dwelling unit, or rooming unit which does not comply with the following minimum standards for ventilation, light and heating:
(1)
Glazing and repair of windows. All windows and doors containing glass panes shall be glazed according to accepted practice and kept in good repair and in easily workable condition; broken panes shall be promptly repaired.
(2)
Public halls. Every public hall, passageway, and vestibule in a dwelling unit shall contain at least one supplied ceiling- or wall type electric light fixture. Every public hall stairway in every two-family multifamily dwelling and rooming house shall be adequately lighted by an adequate lighting system, which may be turned on when needed by conveniently located light switches or by automatic means.
(3)
Every dwelling and multifamily dwelling shall have heating facilities, and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained and in good working condition and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein to a temperature of at least an average of 65° F.
(4)
Gas heaters or other portable heating equipment employing a flame do not meet the standards of this chapter and are prohibited.
(5)
Every multiunit dwelling and rental unit, and every single-family dwelling built or substantially rehabilitated after January 1, 2020, shall be equipped with such smoke and/or carbon monoxide detectors as required by RSA 153:10-a, provided, however, that a carbon monoxide detection device shall not be required if the single-family dwelling does not have an attached garage and does not contain an appliance or device that uses a combustion method of burning solid, liquid, or gas fuel. If a garage or combustion fuel appliance or device is later added to the dwelling, a carbon monoxide detection device shall be required.
(6)
All operating hardware or means of egress shall be operable without any special tools or special knowledge needed.
K.
General owner responsibilities.
(1)
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof.
(2)
Wherever infestation is caused by failure of the owner to maintain a dwelling in a rat- proof or reasonably insect-proof condition or wherever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
L.
General occupant responsibilities.
(1)
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling unit and premises thereof, which they occupy and control.
(2)
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises, and every occupant of a dwelling unit shall be responsible for such extermination whenever their dwelling unit is the only one infested.
(3)
No tenant or guest of a tenant shall destroy, disconnect, or rendering inoperable a smoke detector in a rental dwelling or unit.
M.
"Fitness for human habitation" shall include compliance with the standards set forth in § 85-5J through L.