What Specific Matters Can The Board Hear?
The Board has limited jurisdiction and can only hear matters listed in RSA 205-A:2, 7 and 8. These matters include:
1. Charging more than 3 months rental as an entrance fee of any fee unless for services actually rendered; or
2. Unreasonably interfering with a tenant's right to sell their unit at a price of their choosing or require the purchaser to remove the unit from the park; or
(a) Unreasonably limiting the tenants use of FOR SALE signs; or(b) Charging a fee or commission unless the park owner has acted as agent; or
(c) Requiring more than 3 references from a purchaser; or
(d) Discriminating against purchasers based on age or family status unless such restriction were included in the rules or lease of the seller; or
(e) Impose a non-refundable fee for processing an application for tenancy that exceeds $125, unless the park owner provides the applicant with an itemized breakdown of the application fee. An application fee may exceed $125, provided that it is reasonable.
(f) If the park rules require a pre-sale inspection of the home, fail to provide written notice to the park tenant, within 14 calendar days of receiving written notification from the tenant that he or she is going to attempt to sell his or her home in place, of all repairs and improvements that the park owner requires in order to approve the sale. If the park rules do not require a pre-sale inspection of the home and the tenant makes a written request for a specification of the repairs and improvements that the park owner requires for approval of an on-site sale, the park owner shall have 14 days to provide a written list of the required repairs and improvements. The park owner's response to the tenant is valid for 90 days after which time if a sale has not been completed, the park owner may require additional improvements or repairs of any defective conditions which have arisen since the park owner's initial response. The park owner may not require:
(1) The repair or removal of anything inside the home that does not adversely affect the infrastructure of the park.
(2) Compliance with an aesthetic standard if the standard relates to physical characteristics, such as size, original construction materials or color; provided however that nothing in this subparagraph shall prevent a park owner from requiring compliance with aesthetic standards related to maintenance or repairs of deteriorating or defective features of the home, or the removal of a structure or fixture which was added to the home by the seller without the permission of the park owner.
(g) Fail to provided written notice to the prospective buyer, within 14 calendar days of receipt of the prospective buyer's completed application for tenancy, setting forth the reason for the park owner's refusal to approve or indicating the park owner's approval of the prospective buyer as a park tenant. If the prospective buyer is denied the park owner shall, upon request of the seller, send a notice of the denial to the seller that does not disclose the reason therefor.
4. Requiring tenants to purchase services from the park; or
5. Preventing tenants from purchasing services from persons other than park owners; or
6. Requiring any tenant to purchase from any particular person unless the requirement is imposed at the time of initial leasing of the lot; or
7. Failing to disclose all terms of the tenancy including rental, utility, entrance and services charges; or
8. Making or attempting to enforce any rule which:
(a) Imposes extra charges for minor children or charge in excess of $10 per adult per month where the number of adults exceeds the limit established by rules; or(b) Requiring tenant to get prior permission for an overnight guest to stay in the park; or
(c) Imposing unreasonable pet charges; or
(d) Requires a tenant to dispose of personal property which they were previously permitted to own; or
10. Failing to provide a manager available for emergencies; or
11. Failing to provide copies of rules to tenants or fail to provide 90 days notice of rule changes; or
12. Failing to respond to a written request for copy of current park rules by Consumer Protection Bureau; or
13. Requiring a security deposit of more than one (1) month's rent; or
14. Forcing tenants to purchase equipment or underskirting from the park.
