Back in July, I shared an update on where things stood with New Hampshire’s efforts to address the housing crisis through new legislation. Now that a few months have passed, we have a much clearer picture of what actually made it into law. Below is a quick summary highlighting the key measures that were passed.
HOUSE BILLS
HB 2 – Prohibition on Foreign Principals / Endangered Species / Boathouses / Housing Appeals Board
Prohibits property ownership or leasing by “foreign principals” tied to China, Russia, Iran, Syria, or North Korea, while limiting liability for real estate professionals. Also transfers endangered species permit reviews to NHDES, setsnew boathouse size limits, and restructures the Housing Appeals Board.
HB 60 – Lease Termination as Cause for Eviction
Allows landlords to evict when a lease of 12 months or more ends, provided 60 days’ notice is given and action is filed within six months. Effective July 1, 2026.
HB 92 – Recusal on Zoning/Planning Boards
Requires board members to recuse themselves if they already participated in the matter as part of another board. Effective August 22, 2025.
HB 296 – ZBA Appeal Deadline
Standardizes zoning board appeals to a fixed 30-day period instead of an undefined “reasonable time.” Effective July 15, 2025.
HB 309 – Optional Rent Payment Methods
Landlords cannot require tenants to pay rent electronically and must allow at least one non-digital option such as a check. Effective January 1, 2026.
HB 413 – Subdivision Regulation Extensions
Extends site plan and subdivision approval protections from 5 to 7 years and gives owners 3 years (instead of 2) to begin substantial development. Applies retroactively to approvals from July 1, 2023.
HB 437 – Undischarged Mortgages
Undischarged mortgages will be automatically deemed discharged after 35 years(if no term is stated) or 5 years after maturity (if term is stated), unless an extension is recorded. Law takes effect in 2025 but applies starting January 1, 2028.
HB 457 – Minimum Occupancy Rules
Municipalities cannot restrict occupancy to fewer than two people per bedroom or discriminate based on relationship or student status. Effective September13, 2025.
HB 577 – Accessory Dwelling Units (ADUs)
Requires municipalities to allow one ADU by right (attached or detached) with size between 750–950 sq. ft. Local rules on aesthetics, setbacks, and familial relationships cannot block them.
HB 617 – Homestead Exemption Expansion
Raises homestead protection from $120k to $400k for single owners and $550k for joint owners. Applies to primary residences and sale proceeds reinvested within six months, effective January 1, 2026.
HB 631 – Residential in Commercial Zones
Requires municipalities to allow multifamily housing in commercial zones where infrastructure exists. Adaptive reuse conversions are exempt from setback, frontage, and height requirements if unchanged, effective July 1, 2026.
SENATE BILLS
SB 4 – C-PACER Financing
Expands clean energy and resiliency financing options, making C-PACER loans more accessible for commercial properties. The repayment is structured through a property tax assessment that runs with the land.
SB 26 – Escrow for Customizations
Allows part of deposits held in escrow for condo or land sales to be used pre-closing for upgrades, change orders, or customizations. Oversight is provided by the Department of Justice’s consumer protection bureau.
SB 110 – Terrain Alteration Permit Fees
Establishes new fees and a streamlined permit-by-notification process for projects under 150,000 sq. ft. Larger projects up to 200,000 sq. ft. pay higher fees; rules effective by January 1, 2026.
SB 153 – Expedited Driveway Permits
Creates an optional expedited process for residential projects with 20+ units to obtain driveway permits within 60 business days, with new per-unit fees and engineer review costs. Effective October 5, 2025.
SB 164 – Prohibition on Deed-Linked Listing Contracts
Bans real estate listing agreements that create long-term liens or fees payable on future transfers unrelated to brokerage services. New Hampshire is the 31st state to prohibit these “forever listing” agreements, effective January 1, 2026.
SB 166 – Manufactured Housing Sale Disclosures
Requires resident-owned communities to provide prospective buyers with financial and legal disclosures, including fees, reserves, insurance, and pending lawsuits. Must be delivered within 10 days; effective January 1, 2026.
SB 173 – Low-Income Housing Tax Credit (LIHTC) Assessment
Eliminates use of a complex alternative property valuation method for LIHTC properties, requiring the simpler 10% of income approach. Aims to improve predictability for owners and municipalities.
SB 188 – Third-Party Building Inspections
Authorizes licensed engineers, architects, or ICC-certified officials to perform inspections and certify documents instead of municipal staff. Permit fees are reduced by 40–80% when third-party services are used.
SB 281 – Building on Class VI Roads
Allows construction on Class VI roads if owners sign liability waivers and provide proof of insurance. Municipalities are not responsible for services or damages; effective July 1, 2026.
SB 282 – Stairway Requirements
Permits residential buildings up to 4 stories to have just one stairway understate building code review board standards, instead of requiring two. Developed with input from the fire marshal’s office.
SB 283 – Floor Area Ratio (FAR) Exclusion
Requires municipalities to exclude below-grade areas (e.g., parking, storage, mechanical rooms) from FAR calculations. Effective September 30, 2025.
SB 285 – Parking Minimums
Caps municipal parking requirements at no more than one space per residential unit. Previously, developments with 10+ units could be required to provide 1.5spaces; effective September 13, 2025.