Blisters, Bills, and HB60
The Friday Footnote 1.24.25
Friends!
My foot feels so weird!
I took a shower earlier this week—I mean, I hope you all are staying hygenic—but my foot was just absolutely killing me. I thought the pain was just normal post-op recovery, but turns out the plastic boot I was wearing caused me some severe blisters on the bottom of my foot. Felt like I had a balloon filled with hardened cement pressing against my heel. So the doc ordered a brand new type of cast. I keeping the personal note short here today because, well House Bill 60.
Please read and please share.
In the real estate market
New Hampshire House Bill 60 (HB60) feels like a solution to a landlord problem that might not even exist.
Republican Representatives Bob Lynn and Sheila Seidel have sponsored the bill, which, if passed, will give landlords the power to evict tenants at the end of a lease for any reason. As long as the landlord give 60 days' notice, even if the tenant is a good renter, you could be forced to leave.
Lynn, in his testimony, which you can watch here in this six-hour meeting, argues that a contract is a contract, and when the term ends, the term ends. But Lynn says that current state law says that at the end of a lease term, the lease automatically converts to a month to month. However, this is not true.
Many rental agreements are indeed designed to automatically renew when the initial tenancy period concludes, converting to a month-to-month arrangement that retains the same basic terms and conditions as the original lease. In fact, my own lease agreement includes a clause that converts to a month-to-month, and if you want to hear about that harrowing eviction notice story:
Renting Realities
This essay was originally published November 22, 2024 in the Friday Footnote eNewsletter via MailChimp prior to switching to Substack.
But nowhere in NH-RS 540 does the law state a rental agreement automatically converts to tenancy at will. No where. I know, cause I looked, and you can too. This month-to-month auto-conversion assumption stems from common lease terms, legal precedent, and the landlord’s acceptance of rent after the lease term ends.
However, Lynn argues that HB60 returns property rights to the landowner. A contract is a contract, Lynn basically says—that when the contract’s term is up, the tenant has got to go because the contract is over. The home never really belonged to the tenant in the first place anyway. The landlord should be able to do what they want.
And Lynn is exactly correct; the landlord should be able to do what they want. And they already can do what they want. Section 540:2 - Termination of Tenancy says a landlord may cancel a lease if the tenant damaged the property, put the health/saftey of others at risk, violated lease terms, or overstayed after proper notice. The law also uses the term for good cause.
What does good cause mean?
Pretty much anything.
If the landlord (or an immediate family member) wants to occupy the rental unit as their primary residence, they can terminate the tenancy.
A landlord can decide to remove the property from the rental market altogether, whether indefintely or for an extended period of time—whether that’s to convert the unit into personal use or renovating or redeveloping the property for purposes other than rental housing (e.g., turning a multifamily into single-family).
If the property is sold, the new owner may have a legal right to terminate existing tenancies, especially if the new owner plans to occupy the property or significantly change its use.
All issues Lynn cited as reasons for HB60.
You know, right now there are roughly 151,000 renter households in the state with a .6% vacancy rate. A 5% vacancy rate is often cited as a healthy market. Finding a rental property is like trying to grab one of the last chairs in a game of musical chiars.
Victoria Markowtiz (sp?), who is one of the 20 people who testified at the HB60 hearing said she took four months to find an apartment, and then this past December, her heat and water was out for most of the month. She talked to her landlord about the maintence issue to no avail. She’s already begun searching for another apartment, and has not been able to find a new place. Her lease is up in March, and if HB60 passed (which if it does pass, it won’t take effect until 2026), she wondered if her landlord would kick her out in retaliation for having complained about vital maintence issues in favor of someone willing to put up with those kinds of issues. If she has to leave without taking another full four months to find another apartment, she’d likely have to quit her job, stop going to school, and move to a neighboring state where rental practices were less harsh.
Really, I think that is the one silver lining of HB60. The landlord doesn’t have to give reason for evicting a tenant at the end of a contract term, but they do have to provide 60 day notice. In Victoria’s case, 60 days might not even be enough time. A full 120 days might be better.
Current law, however, does allow a landlord to remove a tenant after a 30 day notice.
Look, half of all renter households are cost burdened, spending more than 30% of thier income on housing, and over 30,000 of those households are severely cost burden, which means they are spending 50% or more of their income on housing. That’s half your paycheck, totally gone, before you even bought groceries, filled your gas tank, or tried to save for emergencies. This is a financial balancing act where one unexpected expense could send people tumbling into homelessness.
Lynn said if we looked at HB60 “critically” we’d realize that HB60 would in no way increase the number of homeless in the state because if one person’s lease is terminated and made homeless, another homeless person would be able to move into that now newly available rental. Seriously, he said that. In the five hour recording, he’s the first to speak, you don’t have to watch for long to hear these words come out of his mouth.
I don’t even know how to respond to that.
He assumes a one-to-one swap. He totally ignores the complex realities of housinging instability and competition for rentals. Nor does he account for the barriers that prevent many homeless from accessing newly vacant units. And he totally ingores the general lack of affordable housing and the disproportionate impact of evictions on vulnerable populations.
Removing someone from thier home who was already barely managing to stay housed and replacing them with someone who was homeless just shuffles the problem around.
You know, I get where Lynn and Seidel are coming from. They are trying to protect landlords from difficult tenants—even if the tennant hasn’t technically violated any terms. For example, a landlord might feel a tenant is a bad fit for thier property becuase of personality clashes or minor annoyances but can’t evict them under current law without “good cause.” See above—or read my Renting Realities.
HB60 could be seen as a way to streamline the end-of-lease process, giving landlords the ability to end tenancy with 60 days’ notice without having to renew the lease or justify the decision. By eliminating the “good cause” requirement, the bill aims to reduce the time and money landlords spend navigating eviction laws. Which, you know, considering the cost of an eviction in both time and money, yeah maybe that makes sense. But nowhere in HB60 do Lynn and Seidel even bring up how to deal with an eviction.
If landlords are having any of these problems though, they should have just written better contracts as opposed to leaning in on the legislation.
If Representatives Lynn and Seidel are genuinely concerned about the challenges in the rental market—which I believe they are—there are many meaningful solutions they could have proposed—solutions that address the root issues rather than creating new problems. And I have 13 ideas! But here are my top 5:
Mandatory Mediation Before Eviction:
Require landlords and tenants to engage in state-funded mediation before filing for eviction. This step would:
Resolve disputes amicably, saving landlords and tenants time and legal costs.
Reduce unnecessary evictions and keep tenants housed while landlords recoup rent or negotiate better terms.
Tax Incentives for Small Landlords:
Provide financial relief to mom-and-pop landlords who offer affordable rents or work with tenants facing hardships. Possible incentives:
Property tax breaks for landlords who cap rent increases below inflation.
Grants for landlords who participate in mediation programs or retain long-term tenants.
Expand Rental Assistance Programs:
Address the root cause of many evictions: financial instability.
Increase funding for emergency rental assistance programs that cover temporary hardships, ensuring landlords get paid and tenants stay housed.
Streamlined Evictions for Problem Tenants:
Address landlords' concerns about "bad actors" by:
Creating a faster eviction process for tenants engaging in illegal activities, property damage, or chronic nonpayment.
Balancing this with safeguards to prevent misuse (e.g., requiring proof of violations).
Owner Occupancy and Market Withdrawal:
Create streamlined procedures for landlords who want to occupy their own properties, move in family members, or take units off the rental market:
Require advance notice (e.g., 120 days).
Offer relocation assistance for tenants who are displaced.
HB60, I believe, reflects landlord frustration and a desire for greater control over their properties; a bill aimed at easing what landlords perceive—accurately or not—as burdens imposed by a system that complicates managing tenants, reclaiming units, or making decisions about their own property.
However.
HB60 is a symbolic gesture masquerading as meaningful reform. The proposed law adds little to the legal framework while potentially opening the door to more housing instability. If Lynn and Seidel really wanted to reform lease agreements, the focus should instead be on creating policies that address real challenges.
Housing isn’t just a tenant problem or a landlord problem—and I’ve said this before and will continue to sing this chorus, housing is a community responsibilty. Whether Republican, Democrat, Libetarian, or Independent we need smart, balanced policies that work for everyone. And as we move into this new legislative season with over 1,500 bills on the docket, Claire Sullivan and Ethan Dewitt have put together an excellent guide to navigating the process: how to find bills, track their progress, and testify effectively. Their work is an invaluable resource for anyone looking to engage in shaping New Hampshire’s future.
Please please please email the House Standing Comittee on Housing. And you don’t even have to write anything. Just click this link.
The Wicked Moxie
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I don’t expect these videos to get any better. But there will be more.
About Town
In Dover
Saturday, January 25, 6:30pm to 9pm: An Evening of Acoustic Music w/The Writeful Heirs + Darien Castro
The Milk St. Studios features The Writeful Heirs and Darien Castro. This will be presented like a listening party in an intimate setting that caters specifically to music lovers. The event is open to all ages. Come early to enjoy snacks and play some ping-pong and games in the Showroom, while they spin some vinyl for the pre-show hang. The Writeful Heirs would loosely describe their music as a mix of Americana, classic rock, psychedelic, and 80's alternative rock. Darien Castro is a performer that blends elements of indie-pop, folk, and R&B in her music.
Saturday, January 25, 4pm: Art Talk with Kingston Artist Mike L’Antigua with Interactive Q&A to follow.
Tuesday, Feburary 4, 5pm to 8pm: Woodman Winter Warm-up
Chapel + Main for a fun night out with live music from Gnarly Darling, drinks, appetizers, raffle prizes, and more! All proceeds from this event will go to The Woodman Museum. Tickets are $75 and can be purchased here.
In Portsmouth
Saturday, January 25, 7:30pm: Reed Foehl at The Music Hall
Saturday, January 25, 7pm: The Kenny Brothers Band with Foxglove upstairs at the Press Room
Wednesday, January 29, Doors open at 7pm, show begins 8pm: Chuck Prophet and his Cumbia Shoes at 3s Artspace
Saturday, February 8, 7:30pm: Juanito Pascual (flamenco) at The Music Hall, Portsmouth NH ~! 7:30pm ET ~
In Rochester
Thursday, January 30: Beating the Winter Blues
This winter, at the Rochester Public Library gain insight into depression and discover methods to effectively manage it. Build life-long strategies that can support you through the challenges of dealing with depression. Registration is required & will open at a later date.
Saturday, Feburary 1: Hearts on Main Street
Create your very own Heart on Main Street at the Love Clinic! Decorate a 12" x 10.8" red heart with a custom, family-friendly message (up to 25 characters). Your heart will be displayed throughout downtown Rochester, inside businesses and around Central Square, from February 1st to 14th. Hearts are $25 each.
Have an event you would like to share? Email the details to sbargdill@kw.com and I’ll stick it on the list!
PROPERTY OF THE WEEK
10 Westview Drive, Rochester NH
🛏️4 Beds, 🛁3 Baths, 📏2,963 sq ft, $525,000
Nestled on a tree-lined cul-de-sac, this spacious and welcoming four-bedroom, three-bath home is located in a desirable Rochester neighborhood. The property is situated on an expansive lot of over one acre, featuring gently rolling topography that enhances the home's privacy and creates an inviting backyard. Inside the house, as you enter, you'll find a bright, glassed-in nook to the left, offering a unique space filled with natural light. To the right is the formal dining room with a fireplace, perfect for gatherings. The kitchen, featuring brand-new LG appliances, granite countertops, and plenty of cabinetry for storage, flows smoothly into the spacious living room. Glass sliding doors, which face the private backyard with a pool, playground, and additional room for a garden or outdoor activities, enhance the connection to the outdoors. Move-in ready with many quality updates, including a new roof, this home offers convenience and comfort. Upstairs, four large bedrooms, including a master suite with a full bath and dual closets. Three additional bedrooms are generous in size and filled with light, along with a full bath featuring a double vanity and modern finishes. A convenient mudroom, two-car garage, and the semi-finished basement offer plenty of space for storage. Located minutes from the Spaulding Turnpike, this home offers a peaceful setting with easy access to all local amenities and commuting convenience to Dover or the Seacoast.
QUOTE OF THE WEEK:
Found on the Black Cat Provisions Facebook Page. : Todd Magnuson, an Air Force veteran, just opened a new coffee shop! We’re up to three coffee shops now, so you know Dover is finally beginning to hit the big time.
❝In my years I’ve had several great opportunities that have come my way, I’ve passed on all of them and each one I look back and say what if? As many of those opportunities turned out to be great! ~Todd Magnuson
Todd, of course has finally taken that leap. And his quote points us in the direction of why he’s opened Black Cat Provisions. Really reminds me Ellen Andrick, who, at 45, transitioned from a career in early childhood education to launching a sustainable business during the pandemic. Like Todd and Black Cat Provisions, Ellen seized the opportunity, transforming her passion into a successful venture.
Plus, you can’t go wrong with a coffee named after a cat. Check him out on One Washington Street, order a Buck’s Cold Brew, and tell him Steve sent you, not that he’ll know who I am, but he’ll at least wonder a while. And what about you? What if, indeed.
VIDEO OF THE WEEK
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