New Hampshire Landlords support this bill. Please sign this petition to show your support.

This bill repeals RSA 540-A:4, IX, permitting an action for damages under the consumer protection act for violations of the law governing certain landlord-tenant practices.

This $1000/day penalty is provided for in Section 540-A:4 and Section 358-A:10 which is set out below for informational and background purposes:

Section 540-A:4

540-A:4 Remedies. –
IX. (a) Any landlord or tenant who violates RSA 540-A:2 or any provision of RSA 540-A:3 shall be subject to the civil remedies set forth in RSA 358-A:10, including costs and reasonable attorney's fees incurred in the proceedings. Each day that a violation continues shall constitute a separate violation.

Section 358-A:10

358-A:10 Private Actions. –
I. Any person injured by another's use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.


Senate Bill 341

Session Year 2010

Title: relative to remedies available in landlord-tenant actions. G-Status: SENATE

Senate Status: IN COMMITTEE

Next/Last Comm: SENATE COMMERCE, LABOR AND CONSUMER PROTECTION

Next/Last Hearing: Time not specified LOB 102

SB 341 – AS INTRODUCED
2010 SESSION
10-2929
05/03
SENATE BILL 341
AN ACT relative to remedies available in landlord-tenant actions.
SPONSORS: Sen. Reynolds, Dist 2
COMMITTEE: Commerce, Labor and Consumer Protection
ANALYSIS
This bill repeals the authority to file a claim for damages under the consumer protection act for certain violations of the law governing landlord-tenant practices.
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.
10-2929
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to remedies available in landlord-tenant actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. RSA 540-A:4, IX, permitting an action for damages under the consumer protection act for violations of the law governing certain landlord-tenant practices, is repealed.
2 Effective Date. This act shall take effect January 1, 2011.