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Laws & Regulations

Laws & Regulations. Today we will discuss:. RSA 147:1 – Local Health Regulations RSA Chapter 48-A – Housing Standards RSA 48-A:2 – local codes, ordinances or by-laws RSA 48-A:14 – minimum housing standards applicable to landlords More questions than answers. Laws & Regulations.

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Laws & Regulations

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  1. Laws & Regulations Today we will discuss: • RSA 147:1 – Local Health Regulations • RSA Chapter 48-A – Housing Standards • RSA 48-A:2 – local codes, ordinances or by-laws • RSA 48-A:14 – minimum housing standards applicable to landlords • More questions than answers

  2. Laws & Regulations • RSA 147:1 – Local Health Regulations • I. The health officers of towns may make regulations for the prevention and removal of nuisances, and such other regulations relating to the public health as in their judgment the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in 2 or more public places in the town. • Nuisances – public vs. private • Bed bugs – danger to public health and safety?

  3. Laws & Regulations • RSA Chapter 48-A – Housing standards • 48-A:2 Grant of Power. – Whenever the governing body of any municipality finds that there exists in such municipality dwellings which are unfit for human habitation due to dilapidation, dangerous defects which are likely to result in fire, accidents, or other calamities, unhealthful lack of ventilation or sanitary facilities, or due to other unhealthy or hazardous or dilapidated conditions, including those set forth in RSA 48-A:7, power is hereby conferred upon such municipality to adopt ordinances, codes, or bylaws to cause the repair, closing, or demolition or removal of such dwellings in the manner provided in this chapter. • Do bed bugs render a dwelling “unfit for human habitation”? • Do bed bugs constitute “unhealthy conditions?”

  4. Laws & Regulations • RSA 48-A:14 – Minimum Housing standards • Apply even if local housing standards not adopted. • No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which: • I. The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and eradication program; • Bed bugs are hard to eliminate, a landlord that has a periodic inspection and eradication program will be in conformance with standards, even when bed bugs continue to reappear. • Tenants that refuse to allow bedding & furniture to be destroyed?

  5. More Questions Than Answers • State laws do not currently address the unique challenges that bed bug infestation represent. • Local control is limited. • Rental property may be addressed but what about private homes? • Tenants often try and involve municipal health officers in disputes with landlord.

  6. Questions?

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