§ 356-C:3 — Provision of Rights; Contents of Notice

New Hampshire § 356-C:3

• Jurisdiction: New Hampshire
• Title XXXI: TRADE AND COMMERCE
• Ch. 356-C: PROTECTION OF TENANTS IN CONVERSION OF RENTAL UNITS

Text

I. No conversion subject to this chapter shall be effected until:
(a) The owner or his agent has mailed to each tenant by registered mail, return receipt requested, a notice of intent to convert no earlier than 120 days before the date of filing an application for registration under RSA 356-A or 356-B, as appropriate, which notice shall contain the following information:
(1) That the owner intends to convert the tenant's dwelling unit into a condominium, stock cooperative or other ownership arrangement;
(2) The name of the owner or owners of the real property and the number of dwelling units in the building or buildings to be converted;
(3) That the conversion must be registered with the attorney general before the owner may offer or sell dwelling units in the building or buildings to be converted;
(4) That the owner has submitted, or intends to submit within 120 days, an application for registration of the conversion with the attorney general under RSA 356-A or 356-B, as appropriate, and that the attorney general may take up to 60 days to act upon the application;
(5) That, if the conversion is not yet registered with the attorney general, the owner shall notify each tenant of the registration or of the withdrawal of the application at such time as it occurs;
(6) That, if the dwelling unit is to be retained without substantial alteration in its physical layout, the tenant has the exclusive right to contract for the purchase of the unit that the tenant occupies for a period of 60 days from the time of receipt of the sale documents;
(7) That any tenant residing in the building at the time of the receipt of this notice shall have no less than 270 days from the receipt of the notice or until the expiration of the 60 day period in which the tenant has an exclusive right to purchase his or her dwelling unit, whichever is later, before being required to vacate. If the tenant has valid leasehold rights which provide for a longer term of occupancy than provided by this section, such tenant shall not be required to vacate the unit until the longer term has expired;
(8) That a tenant who is elderly or disabled at the time notice is given shall have at least 18 months from the receipt of this notice before the tenant shall be required to vacate the unit; provided, however, any such tenant shall be required to show that he qualifies as an elderly or disabled tenant within the meaning of this chapter;
(9) That, notwithstanding any of the foregoing, the tenant may be evicted pursuant to the provisions of RSA 356-C:6, which provisions shall be set forth in full or summary form in the notice;
(10) That, notwithstanding any obligation contained in a lease or other contractual arrangement to the contrary, except for an obligation contained in a lease or other contractual arrangement entered into before June 22, 1983, the tenant may terminate his tenancy without penalty or liability upon giving notice to the owner or his agent at least 30 days prior to termination; and
(11) Such other information as the attorney general deems necessary or advisable to effectuate the purposes of this chapter;
(12) That, notwithstanding any provision of this notice, if there is a rent increase, except for those increases under RSA 356-C:6, I(a), application for condominium conversion shall not be made until 3 months after such increase; and
(b) The owner or his agent has mailed to each tenant by registered mail, return receipt requested, a registration notice after the conversion has been registered under RSA 356-A or 356-B, as appropriate, which notice shall contain the following information:
(1) That the owner or his agent has registered the conversion with the attorney general;
(2) That the time periods described in subparagraphs I(a)(6), (7), (8) and (12) shall expire on specified dates; and
(3) Such other information as the attorney general deems necessary or advisable to effectuate the purposes of this chapter; and
(c) The owner or his agent may consolidate the notices described herein into one notice if registration of the conversion has occurred prior to notice of intent to convert being sent to the tenants.
II. No residential property for which an application for registration has been filed in proper form under RSA 356-A or 356-B, but not registered, prior to June 22, 1983, shall be converted until, no earlier than the date upon which the conversion is registered, the owner or his agent has mailed to each tenant by registered mail, return receipt requested, a notice containing the following information:
(a) The information required by subparagraphs I(a)(1), (2), and (6); and
(b) That the owner or his agent has registered the conversion with the attorney general; and
(c) That any tenant residing in the building at the time of the receipt of this notice shall have 90 days from the receipt of the notice or until the expiration of the 60 day period in which the tenant has an exclusive right to purchase his unit, whichever is later, before being required to vacate. If the tenant has valid leasehold rights which provide for a longer term of occupancy than provided in this section, such tenant shall not be required to vacate the unit until the longer term has expired.
III. The notice described in subparagraph I(a) shall be void if the owner or his agent fails to make application for registration under RSA 356-A or 356-B, as appropriate, within 120 days after mailing the notice to tenants.
IV. Any person whose tenancy begins after service of the notices required under this section shall not be provided with the protections of this chapter if he or she was given written notice of the impending conversion before entering into the lease for other contractual arrangement.

Legislative History

1983, 398:1. 1985, 300:7, I(b). 1987, 320:5, 6, eff. May 25, 1987.