Legislative Activity on Housing-Related Bills

2023 Session

Ways of addressing the state’s severe shortage of housing are front and center in the 2023 session of the New Hampshire Legislature. Numerous bills have been introduced and are currently working their way through both legislative chambers.    

Underscoring the urgency of the issue, House Speaker Sherman Packard created a special bi-partisan committee on housing in January.  This new committee will be assessing the root causes of the state’s housing shortage and will explore opportunities to develop new legislation in the 2024 session to expand the supply of affordable housing.

Key bills on housing this session include:

• HB 44, relative to permissible residential units in a residential zone.

This bill would require towns and cities to allow by right certain single-family lots in residential districts to be used for up to 4 residential units.
Prime Sponsor:  Representative Rebecca McWilliams
Status: The House Municipal and County Government Committee voted the bill Ought to Pass with Amendment, but the bill was voted Inexpedient to Legislate in a House floor vote, thereby killing the bill.

• HB 347, establishing a superior court land use review docket.

This bill would create a special docket within the Superior Court to hear appeals from local land use board decisions and would provide funding for new Superior Court judge to hear cases.   
Prime Sponsor:  Representative Bob Lynn
Status: This bill would create a special docket within the Superior Court to hear appeals from local land use board decisions and would provide funding for a new Superior Court judge to hear such cases. 
Prime Sponsor:  Representative Bob Lynn
Status:  The bill was amended and voted Ought to Pass by the House Judiciary Committee.  The House then voted the bill Ought to Pass with Amendment, and referred the bill to the House Finance Committee, which voted to retain the bill.  Separately, the House passed a new state budget which included language authorizing the new land use docket and providing funding for an additional Superior Court judge to preside over land use appeals.  The Senate is now writing its version of the state budget.

• HB 423, relative to accessory dwelling unit uses allowed by right.

This bill amends the 2016 accessory dwelling unit (ADU) law by increasing the number of ADUs that municipalities must allow from one to 2,  changes the definition of attached unit, and changes the standard that municipalities may not require ADUs to be smaller than 750 square feet by increasing it to 1,000 square feet. It also gives towns the right to require one unit to meet the definition for workforce housing if there are two or more ADUs on the property.
Prime Sponsor:  Representative Ellen Read
Status: The Municipal and County Government Committee voted the bill Inexpedient to Legislate by a vote of 14-6.  When the bill reached the House floor it was tabled by a vote of 203-178.  As a result, the bill is eligible to be re-introduced in the next legislative session.

• SB 145-FN, relative to New Hampshire housing champion designation for municipalities and making appropriations therefor.

This bill establishes a New Hampshire housing champion designation program, including a planning and zoning municipal grant program, a housing production municipal grant program, and a housing infrastructure municipal grant and loan program.  The bill also establishes positions within the Department of Business and Economic Affairs and makes appropriations for the programs.
Prime Sponsor:  Senator Rebecca Perkins Kwoka
Status:  The Senate Commerce Committee voted the bill Ought to Pass.  The Senate then voted the bill Ought to Pass (21-3) and referred the bill to the Senate Finance Committee.  The Finance Committee voted the bill Ought to Pass, and then tabled it to consider adding it to the state budget. 

• SB 202, relative to establishing a homeownership innovations fund in the New Hampshire Housing Finance Authority.

This bill would establish a homeownership innovations fund to be used by NH Housing to make grants and loans to eligible applicants for the purpose of fostering innovations in the development and financing of entry-level homes for owner occupancy.
Prime Sponsor:  Senator Denise Ricciardi
Status:  The Senate Commerce Committee voted the bill Ought to Pass (5-0).  The Senate then voted the bill Ought to Pass and referred the bill to the Senate Finance Committee.  Finance Committee voted the bill Ought to Pass, and then tabled it to consider adding it to the state budget. 

• SB 224, relative to housing opportunity zones and inclusionary zones

This bill modifies criteria for the adoption of housing opportunity zones by a municipality and expands the definition of inclusionary zoning to include standards for housing affordability.
Prime Sponsor:  Senator Rebecca Perkins Kwoka
Status:  The Senate Election Law and Municipal Affairs Committee voted to re-refer the bill (5-0) to the Committee.  The Senate then voted to re-refer the bill as well. 

• SB 231-FN, establishing a historic housing tax credit and making appropriations for workforce housing and affordable housing.

This bill establishes a historic housing tax credit; makes an appropriation to the Affordable Housing Fund; makes appropriations to the Department of Health and Human Services to support emergency homeless shelter programs; and makes appropriations to NH Housing and the Department of Business and Economic Affairs to support workforce housing and affordable housing.
Sponsor: Senator Daniel Innis
Status:  The Senate Finance Committee voted the bill Ought to Pass with Amendment.  The Senate then tabled the bill to consider adding it to the state budget. 

---

State Legislative Study Commissions and Committees

• Council on Housing Stability Strategic Plan (2021-2024)
• Commission to Study Barriers to Increased Density of Land Development in New Hampshire. (SB 43, 2019) Final Report, issued November 13, 2020.

 

Past Legislation of Interest

• Housing Appeals Board (2020)
• Workforce Housing Law (2008)
• Accessory Dwelling Units (2017)