§ 540:9-a — Payment by Voucher and Application of Rents Paid by a Municipality

I. Any rental payment or partial rental payment tendered by the tenant in the form of a written promise to pay on behalf of the tenant by the state, a county or a municipality of this state, or a payment by any organization which disburses federal or state funds, and any application by a municipality of amounts owed to it by a landlord pursuant to RSA 165:4-a, shall constitute payment by the tenant of the amount represented in the voucher, and of any amount applied by a municipality to delinquent balances of the landlord; provided, that this section shall not be construed to obligate a landlord to accept partial rental payments.
II. In any eviction based on non-payment of rent, it shall be an affirmative defense that:
(a) The tenant tendered timely payment pursuant to paragraph I, and such payment was refused; or
(b) The tenant could have tendered timely payment pursuant to paragraph I had the landlord provided ordinary and reasonable verification of rental information requested by the agency.

Legislative History

1988, 100:2. 1992, 184:3. 2000, 48:1. 2006, 192:1, eff. Jan. 1, 2007. 2007, 153:1, eff. Aug. 17, 2007. 2021, 152:2, Pt. I, Sec. 2, eff. July 23, 2021.