Subcommittee hearing on HB 1450 targets legal gaps that leave landlords and tenants stuck with problem roommates

The subcommittee opened an informal work session on HB 1450 to examine gaps in state law that can leave landlords and tenants unable to remove a problematic roommate without evicting the entire household, the chair said.

Why it matters: Committee members and stakeholders described repeated situations in which a leaseholder or owner lacks a clear legal path to remove a misbehaving subtenant or roommate. That ambiguity can leave victims of domestic violence or other harms with no practical remedy and leaves owners exposed to unresolved property and safety issues.

What was said: Stakeholders from both sides told the panel they largely agreed on three categories of reform. Nick Norman of the property owners association said the groups would seek short-term fixes and a longer rewrite. "We would propose that we make a 5 40 d to address all those situations and carefully think out all of the permutations," Norman said, laying out a plan for a new statute to cover tenant‑to‑tenant and sublet situations. New Hampshire Legal Assistance warned that RSA 540‑b, the current shared‑facility statute, uses permissive language — allowing an owner to "request" law enforcement remove a person — and that police often decline action without a court order.

Legal context: Participants described RSA 540‑b as a streamlined owner‑occupied eviction pathway but one that, in practice, can leave owners and tenants stuck because court paperwork or differing judicial interpretations complicate police enforcement. Stakeholders discussed drafting a mechanism by which a court could issue a limited statement or paperwork to authorize police action, while recognizing that asking the courts to do new administrative work could trigger a fiscal note.

Next steps: The committee asked stakeholders to deliver the "easier pieces" of draft language — notably bifurcation language that would let owners or primary tenants remove a single bad actor without evicting an entire household — by the end of next week. Parties also pledged to work through the summer and fall on a more comprehensive rewrite of RSA 540‑b and on a proposed RSA 540‑d. No formal motion or vote was taken at the session; the chair said any submitted language would be circulated and discussed at a brief follow‑up before the executive session.

The panel adjourned the HB 1450 discussion without a vote; stakeholders will provide draft language for further consideration.