Commerce and Consumer Affairs subcommittee backs amendment clarifying hotel age and posting rules

The Commerce and Consumer Affairs subcommittee voted unanimously to recommend Senate Bill 19 "ought to pass as amended," approving amendment number 1689 that removes an outdated requirement that hotelkeepers post rental rates inside guest rooms and clarifies how age-related rental policies should be treated.

The amendment, discussed in subcommittee, was framed as a cleanup of "archaic" language in the state Revised Statutes Annotated (RSA). Members and industry representatives said existing text is vague about age—leaving hotels uncertain whether they could be compelled to rent to minors or very young children—and that the amendment would give hotel owners clearer authority to adopt and publish age-related policies.

Mike Summers, with the New Hampshire Lodging and Restaurant Association, told members the statutory language is unclear about what "age" means. "One of the questions from some of our members has been, 'well, could we be compelled as a business to rent a hotel room to a 7 year old?'" Summers said, adding that the amendment is intended to "clarif[y] where the threshold would be" so businesses are not left open to litigation based on ambiguous wording.

An owner/operator of a vacation-rental property described business practices that motivated the change, saying their property did not "rent to anybody under 30" and recounting concerns about prom-night bookings and underage drinking. The owner said hotels and rental operators set age thresholds to limit liability and property damage: "So you have an 18, 19, or 20 year old who rents a room and invites all their friends over, and there's underage drinking ... and that liability all blows back on the hotel," the owner said.

Several representatives urged that the law leave room for property owners to set and apply consistent policies rather than impose a single statewide age limit. A subcommittee member said the preferred approach is for owners to adopt a written, consistently applied policy and, where practical, display it (for example on a website) so it is not used as a pretext for discrimination.

The clerk called the roll after a motion that the amendment "ought to pass," and the subcommittee recorded unanimous support. A later floor motion to move the bill "out as amended" was made and seconded; the roll call completed that vote and the subcommittee recorded an 11-0 tally in favor of placing the bill on the consent calendar.

The amendment does not itself impose a specific age threshold; rather, it removes the older posting requirement and clarifies that owners may set policies about who they will rent to. The text discussed during the meeting also referenced the RSA generally; participants said the change is intended to remove ambiguity that has allowed allegations of age discrimination to be litigated under the statute.

Committee leaders said they expect to revisit related language next year to consider tighter statutory clarification if needed. For now, the subcommittee's action sends SB 19, as amended, forward with a recommendation to pass.