New Hampshire HB 395: relative to consideration of home-share income and exempting rentals of shared facilities from requirements under the real estate practice act.

Bill Text

HB 395-FN - AS INTRODUCED

2021 SESSION

 21-0456

 05/10

HOUSE BILL 395-FN

AN ACT relative to consideration of home-share income and exempting rentals of shared facilities from requirements under the real estate practice act.

SPONSORS: Rep. Burroughs, Carr. 1; Rep. Umberger, Carr. 2; Rep. Woodcock, Carr. 2; Rep. Knirk, Carr. 3; Sen. Bradley, Dist 3

COMMITTEE: Judiciary

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ANALYSIS

 This bill:

 I. Exempts income from a home-share arrangement from the determination of net assets for purposes of determining eligibility for certain property tax exemptions. The bill also exempts such income from public assistance eligibility determinations.

 II. Exempts the rental of shared facilities from licensure and regulation by the New Hampshire real estate commission.

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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 21-0456

 05/

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to consideration of home-share income and exempting rentals of shared facilities from requirements under the real estate practice act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Persons and Property Liable to Taxation; Exemption for the Disabled; Exclusion of Home-share Income. Amend RSA 72:37-b, III(b) to read as follows:

 (b) Owns net assets not in excess of the amount determined by the city or town for purposes of paragraph I, excluding the value of the person's actual residence and the land upon which it is located up to the greater of 2 acres or the minimum single family residential lot size specified in the local zoning ordinance. The amount determined by the city or town shall not be less than $35,000 or, if married, combined net assets in such greater amount as may be determined by the town or city. "Net assets" means the value of all assets, tangible and intangible, minus the value of any good faith encumbrances, but shall not include any income from a home-share arrangement in which the applicant receives assistance with house work or other activities of daily living in exchange for reduced rent. "Residence" means the housing unit, and related structures such as an unattached garage or woodshed, which is the person's principal home, and which the person in good faith regards as home to the exclusion of any other places where the person may temporarily live. "Residence" shall exclude attached dwelling units and unattached structures used or intended for commercial or other nonresidential purposes. 

 2 Persons and Property Liable to Taxation; Exemption for Deaf or Severely Hearing Impaired Persons; Exclusion of Home-share Income. Amend RSA 72:38-b, III(c) to ready as follows:

 (c) Owns net assets not in excess of the amount determined by the city or town for purposes of paragraph I, excluding the value of the person's actual residence and the land upon which it is located up to the greater of 2 acres or the minimum single family residential lot size specified in the local zoning ordinance. The amount determined by the city or town shall not be less than $35,000 or, if married, combined net assets in such greater amount as may be determined by the town or city. "Net assets" means the value of all assets, tangible and intangible, minus the value of any good faith encumbrances, but shall not include any income from a home-share arrangement in which the applicant receives assistance with house work or other activities of daily living in exchange for reduced rent. "Residence" means the housing unit, and related structures such as an unattached garage or woodshed, which is the person's principal home, and which the person in good faith regards as home to the exclusion of any other places where the person may temporarily live. "Residence" shall exclude attached dwelling units and unattached structures used or intended for commercial or other nonresidential purposes. 

 3 Persons and Property Liable to Taxation; Conditions for Elderly Exemption; Exclusion of Home-share Income. Amend RSA 72:39-a, I(c) to read as follows: 

 (c) Owns net assets not in excess of the amount determined by the city or town for purposes of RSA 72:39-b, excluding the value of the person's actual residence and the land upon which it is located up to the greater of 2 acres or the minimum single family residential lot size specified in the local zoning ordinance. The amount determined by the city or town shall not be less than $35,000. A city or town may set a combined net assets amount for married persons in such greater amount as the legislative body of the city or town may determi