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Subcommittee recommends passage of multiple housing bills; several sent for further work
Summary
The Senate Subcommittee on Housing recommended passage or further consideration for a package of housing-related bills, advancing measures on zoning flexibility, cooperative audits, stairway exceptions, parking and permit moratoria and referring a contentious covenant enforcement bill for additional work.
Senate Subcommittee on Housing members on Tuesday recommended action on a slate of housing-related bills, approving several to advance and referring others for further work.
The recommendations moved bills addressing residential development on commercially zoned land, audit and notice requirements for consumer cooperatives and resident-owned communities, stairway requirements for certain residential buildings, parking and permit moratoria. One bill proposing to allow municipal enforcement of private covenants was re-referred for additional consideration.
Why it matters: The actions collectively adjust how municipalities and the housing market interact—changing where homes may be built, what documentation cooperative communities must provide at sale, safety rules for midrise residential construction and limits on local permitting moratoria. Those changes affect developers, manufactured-home residents, municipal officials and housing advocates across New Hampshire.
Key outcomes and brief descriptions
- Senate Bill 90: Recommended ought to pass, as amended. The bill would allow residential development on land zoned for commercial use; supporters included homebuilders and housing groups, while the Municipal Association and the town of Newington opposed. The committee voted in favor of the recommended pass with the amendment on the record.
- Senate Bill 163 (referenced as moratorium limitation): Recommended ought to pass. The measure would limit municipal authority to impose moratoria on building permits; homebuilders and realtors supported it.
- Senate Bill 174: Recommended ought to pass. The bill places limits on planning/zoning rules that attempt to restrict number of bedrooms and similar design constraints; proponents argued such restrictions can function as de facto exclusionary rules.
- Senate Bill 175 (covenants/enforcement): Re-referred to a later committee (recommended re-refer to 01/1975) after opponents, including the Municipal Association, raised concerns about opening municipalities to enforcement obligations and potential litigation.
- Senate Bill 166, 165, 167 (consumer cooperative / resident-owned community requirements): The subcommittee recommended passage for the bills establishing audit thresholds and sale-notice requirements for resident-owned and consumer cooperative manufactured-housing communities, citing long-standing audit thresholds that had not been updated in 25 years and the prevalence of resident-owned communities in the state.
- Senate Bill 282 (single stairway in buildings up to six stories, as amended): Recommended ought to pass as amended. The amended language limits the single-stair option to buildings meeting specified sprinkler and size conditions per the State Fire Marshal’s guidance.
- Parking/parking-minimums-related bill: Recommended ought to pass; supporters said reducing parking mandates can lower construction costs and better reflect current transportation choices.
Formal motions and committee direction
- Several bills were moved and seconded for a recommendation of “ought to pass” as amended; votes were recorded by voice vote with members saying “aye.”
- The covenant enforcement bill (SB 175) was re-referred for further work to allow consideration of amendments and further consultation with municipalities.
What the subcommittee heard: Testimony came from trade groups (Homebuilders, Realtors), housing advocates (Housing Action, Housing Action Institute for Justice), municipal representatives (Municipal Association), the State Fire Marshal’s office and individual stakeholders from across the state. Concerns raised included local capacity to enforce private agreements, fire-safety tradeoffs for stairway rules, the cost burden of audits on small resident-owned communities and the impact of local moratoria on housing supply.
Next steps: Bills recommended “ought to pass” will move to subsequent committee or floor stages per Senate rules; the re-referred covenant bill will return to the subcommittee for further drafting and stakeholder review.
