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Legal context: NH Housing, tax credits and municipal role in affordability oversight

Warner Planning Board · June 1, 2026
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

An attorney at the June 1 meeting cited RSA 674:60IV and said if low-income tax credits are used NH Housing will play a long-term oversight role; he advised the board that recorded covenants and federal/state administration can satisfy municipal ordinance purposes.

During the public hearing, Ben Frost (attorney/participant, via Zoom) advised the board on statutory and programmatic administration of income-restricted housing, citing RSA 674:60IV.

Frost told the Planning Board that recorded covenants, income qualifications and occupancy criteria administered by a state or federal entity can satisfy the purposes of local workforce/affordable-housing provisions; he cautioned that if federal low-income tax credits are used NH Housing would be deeply involved for the long term and that the town should avoid duplicative administrative requirements.

Board members asked the applicant to provide NH Housing guidelines and other documentation to clarify how income eligibility and recertification are administered in practice; the applicant said they would supply NH Housing guidance and noted that tenants are recertified annually under HUD/NH Housing criteria.