New Hampshire Revised Statutes 130-A:6-a – Property Owner Notification
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I. The department shall notify in writing the owner or registered agent of an owner of a dwelling or dwelling unit where the child resides if a blood lead level of 3 to 9.9 micrograms per deciliter is found in the child’s blood. Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction. Such notice shall include information about the health hazards of lead poisoning, standards for identifying and eliminating lead hazards, and the federal Renovation, Repair, and Painting Program.
II. (a) Eviction of a tenant based on the presence in the dwelling or dwelling unit of a child who has tested positive for the presence of lead in his or her bloodstream shall be unlawful. There shall be a rebuttable presumption that any eviction action, instituted by the owner within 6 months of receipt of notice of a child’s elevated blood lead level by the department, the child’s physician, or the child’s parent or guardian, is based on the child’s elevated blood level; provided that:
(1) If the notice came from a parent or guardian only, such parent or guardian shall provide the owner with a copy of the child’s blood test prior to the expiration of the eviction notice for the rebuttable presumption in this subparagraph to apply; and
(2) This subparagraph shall not be construed to alter any cause for eviction under N.H. Rev. Stat. § 540:2.
(b) If a court finds that an eviction is based on the child’s elevated blood lead level, it shall deny the eviction and award damages to the tenant pursuant to N.H. Rev. Stat. § 540:14, II. However, if an owner in response to the notice from the department, the child’s physician, or the child’s parent or guardian discovers a lead exposure hazard in the dwelling or dwelling unit, the owner may proceed with relocation of the tenants, provided that the owner meets the requirements of N.H. Rev. Stat. § 130-A:8-a, I or II.
III. In circumstances where the presence of a lead exposure hazard is unsuspected, and becomes known only after the dwelling or dwelling unit has been rented to a family with a child, the owner may withdraw the unit from the residential rental market in lieu of undertaking reduction of the lead exposure hazard. In such case the owner may bring an action to evict the family but only if the owner fulfills all of the conditions set forth in N.H. Rev. Stat. § 130-A:8-a, II. The dwelling unit shall not be subsequently rented for residential purposes without reduction of all lead exposure hazards associated with the unit.
IV. Refusal of a tenant to permit the owner to have access to the dwelling or dwelling unit in order to inspect for lead exposure hazards shall be good cause for eviction pursuant to N.H. Rev. Stat. § 540:2, II(e); provided, however, that the owner gives the tenant at least 48 hours’ prior written notice, and that the inspection is to be conducted at a reasonable time.
II. (a) Eviction of a tenant based on the presence in the dwelling or dwelling unit of a child who has tested positive for the presence of lead in his or her bloodstream shall be unlawful. There shall be a rebuttable presumption that any eviction action, instituted by the owner within 6 months of receipt of notice of a child’s elevated blood lead level by the department, the child’s physician, or the child’s parent or guardian, is based on the child’s elevated blood level; provided that:
Terms Used In New Hampshire Revised Statutes 130-A:6-a
- Child: or "children" means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of health and human services. See New Hampshire Revised Statutes 130-A:1
- Dwelling: means a structure used or intended for human habitation, including interior and exterior surfaces, and may include common areas and all other property, including land and other structures, located within the same lot. See New Hampshire Revised Statutes 130-A:1
- Dwelling unit: means any room, group of rooms or other interior area of a dwelling or other structure, all or part of which is offered or made available for human habitation, and may include all common areas of the unit and exterior surfaces. See New Hampshire Revised Statutes 130-A:1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lead exposure hazard: means :
(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than
1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;
(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;
(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or
(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in N. See New Hampshire Revised Statutes 130-A:1 - Lead hazard reduction: means a set of measures designed to reduce a lead exposure hazard, including abatement, interim controls, or a combination of them. See New Hampshire Revised Statutes 130-A:1
- Owner: means any person who, alone or jointly or severally with others, has legal title to any dwelling, dwelling unit, or child care facility, or a person who has charge, care or control of a dwelling, dwelling unit, or child care facility as an agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. See New Hampshire Revised Statutes 130-A:1
(1) If the notice came from a parent or guardian only, such parent or guardian shall provide the owner with a copy of the child’s blood test prior to the expiration of the eviction notice for the rebuttable presumption in this subparagraph to apply; and
(2) This subparagraph shall not be construed to alter any cause for eviction under N.H. Rev. Stat. § 540:2.
(b) If a court finds that an eviction is based on the child’s elevated blood lead level, it shall deny the eviction and award damages to the tenant pursuant to N.H. Rev. Stat. § 540:14, II. However, if an owner in response to the notice from the department, the child’s physician, or the child’s parent or guardian discovers a lead exposure hazard in the dwelling or dwelling unit, the owner may proceed with relocation of the tenants, provided that the owner meets the requirements of N.H. Rev. Stat. § 130-A:8-a, I or II.
III. In circumstances where the presence of a lead exposure hazard is unsuspected, and becomes known only after the dwelling or dwelling unit has been rented to a family with a child, the owner may withdraw the unit from the residential rental market in lieu of undertaking reduction of the lead exposure hazard. In such case the owner may bring an action to evict the family but only if the owner fulfills all of the conditions set forth in N.H. Rev. Stat. § 130-A:8-a, II. The dwelling unit shall not be subsequently rented for residential purposes without reduction of all lead exposure hazards associated with the unit.
IV. Refusal of a tenant to permit the owner to have access to the dwelling or dwelling unit in order to inspect for lead exposure hazards shall be good cause for eviction pursuant to N.H. Rev. Stat. § 540:2, II(e); provided, however, that the owner gives the tenant at least 48 hours’ prior written notice, and that the inspection is to be conducted at a reasonable time.