Bill Text: NH HB128 | 2011 | Regular Session | Introduced
Bill Title: Requiring tenants to execute a financial affidavit as part of the eviction process.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2011-02-23 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 21, PG.461 [HB128 Detail]
Download: New_Hampshire-2011-HB128-Introduced.html
HB 128 – AS INTRODUCED
2011 SESSION
05/03
HOUSE BILL 128
AN ACT requiring tenants to execute a financial affidavit as part of the eviction process.
SPONSORS: Rep. Drisko, Hills 5; Rep. Fleck, Carr 5; Rep. J. Belanger, Hills 5
This bill provides that, if the court awards damages to a landlord in a landlord-tenant action, the court shall require the tenant to provide his or her current address and to file a financial affidavit with the court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0105
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT requiring tenants to execute a financial affidavit as part of the eviction process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Actions Against Tenants; Judgments; Financial Affidavit. Amend RSA 540:14 by inserting after paragraph IV the following new paragraph:
V. If the court issues a money judgment in favor of the landlord, the court shall require the tenant to execute a financial affidavit, indicating the tenant's address, source of income, assets, and liabilities within 7 days. The tenant shall indicate on the financial affidavit whether he or she intends to pay the judgment in a lump sum or to enter into a periodic payment plan under the terms and conditions established by the court. Any tenant against whom a money judgment has been awarded shall notify the court of a current address for service within 7 days of notice of the judgment from the court. If the tenant fails to provide the court with a current address and any subsequent change of address, the tenant shall be subject to a fine of $300. In addition, any service failure as a result of the tenant's failure to notify the court of a current address shall provide grounds for the issuance of a bench warrant upon petition to the court. Any proof of failed service upon the tenant shall constitute prima facie proof of the tenant's failure to comply with this section.
2 Effective Date. This act shall take effect January 1, 2012.