Senate passes affidavit and notification mandate
Senate Bill 162 would place restrictions on the acquisition and leasing of real property by specific foreign principals on or around certain military installations. The bill states that no foreign principal from China, Russia, Iran, Syria, or North Korea is permitted to acquire ownership interest in real property or lease property within 10 miles of any protected facility.
Protected facilities are defined as the New Hampshire National Guard and Army Aviation Support Facility in Concord, the Readiness Center of the 197th Artillery Brigade in Manchester, Pease Air National Guard Base in Portsmouth, the New Boston Space Force Station in New Boston, and the Portsmouth Naval Shipyard.
The bill requires every person or entity who leases or acquires property within 10 miles of a protected facility to file with the NH Attorney General, within one business day, a notarized “qualified purchaser affidavit” signed under penalty of perjury, attesting that the person acquiring an ownership or controlling interest, or leasing the property, is not a foreign principal.
NHAR estimates that this bill will impact between 5,000 to 10,000 transactions each year – including residential and commercial purchases and leases – with potential fines for failing to submit. The bill requires that sellers must provide written notification about this mandate to buyers, and landlords will need to do the same with their tenants.
NHAR testified that the current language will make thousands of New Hampshire residents, who are not foreign nationals, subject to fines and potential civil action. For this reason, NHAR is opposing the bill unless greater protections are granted to consumers, landlords and licensed real estate professionals.
The Senate has passed the bill, and it will next be taken up by the House.
Less parking, more affordable housing
In 2024, the legislature enacted a statute which limited a municipality’s ability to require more than 1.5 parking spaces per unit for studio and one-bedroom units, as long as those units are for workforce housing. Similarly, a town is prevented from imposing more than 1.5 parking spaces on multi-unit developments of 10 or more units.
Last week, the House of Representatives passed House Bill 382, which lowers the 1.5 parking space requirement to 1 parking space, and expanded the scope of the existing statute to include all developments regardless of the number of units or bedrooms in the development, or if they are used for workforce housing or not.
Developers in favor of HB 382 testified that municipalities force them to build a lot which is never used by tenants. NHAR supports the bill.
The Senate will likely take up the bill next month.
Limiting lot size requirements in neighborhoods
House Bill 342 would allow property owners to build on their property without seeking a variance for minimum lot size or lot coverage if the proposed building density conforms to that of the surrounding “neighborhood,” as verified by the local planning board. “Neighborhood” means the properties within a 1,000-foot radius of the subject property’s boundary lines. NHAR supports the bill.
Similar to other bills debated this session, the intent is to prevent towns from imposing arbitrary and unnecessary minimum lot sizes for new construction. The House of Representatives approved the legislation last week, and it is now headed to the Senate for a hearing.
Correction
Last week, we misstated the existing law when reporting on House Bill 577, relative to accessory dwelling units (ADUs). The current law requires municipalities to allow attached units but can require a conditional use permit or special exception. If HB 577 becomes law, property owners will be guaranteed to build either an attached or detached ADU of at least 950 square feet by right.
NHAR testified in favor of the bill.
Quote of the Week
“Every delay, every day, every hearing – that’s more money on the backs of the developers, and that money is passed on to the end customer. We can’t bring down the cost of housing if we don’t act to bring down the cost of doing business.”
–Sen. Keith Murphy of Hooksett, on Senate Bill 170 (WMUR, “New Hampshire bill targets local anti-development regulations,” March 11, 2025)
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.