SB 557-FN: Housing Appeals Board A Proposal to Create a State-Level Board to Review Local Regulatory Decisions on Housing and Housing Developments

What’s the Problem to be Addressed? Despite legislative gains, housing developers are still facing considerable resistance locally Unwilling to challenge local regulations or decisions Appeals are costly and time consuming Costs of litigation are passed on to the consumer in the form of higher purchase prices and rents For affordable housing – the costs cannot be passed on

What’s the Solution? Part of the solution, anyway… Make it easier to appeal Create a state-level tribunal to hear appeals of local land use decisions on housing and housing developments Alternative to trial before superior court Modeled on the Board of Tax and Land Appeals, created by the Legislature in 1973

Housing Appeals Board (HAB) Related to housing or housing development… Hear appeals to decisions of planning boards, zoning boards, and any other housing-related local permit or decision With the power to affirm, reverse, or modify those decisions “Builder’s remedy” available – meaning HAB can award the permit to build

The Basics HAB will have concurrent, appellate jurisdiction with superior court to hear appeals The choice is exclusive – appellant must decide between superior court and HAB. Appeals may only be brought by the applicant for a local permit The municipality will be a party to the appeal; others with standing may be granted intervenor status

Appeals Timeline Appeals must be filed within 30 days of a final decision by the municipality The HAB must hold a hearing within 90 days of the notice The HAB must make a decision within 60 days after the hearing Total = decision within 150 days from appeal Comparison: workforce housing law calls for a hearing on the merits within 6 months from appeal

HAB Structure 3 Board members: paid full-time employees, all with knowledge and experience in land use law and/or housing development At least one must be a lawyer and at least one must be a professional engineer or land surveyor Appointed by the Supreme Court to three-year terms Staff to include clerk, legal secretary, and researcher

Enforcement and Other Issues Board decisions will be enforceable as a court order HAB decisions may be appealed to Supreme Court HAB members cannot have conflicting employment Non-attorney representation before HAB

Implications No effect on local control What’s different? Why bother? The same processes, the same laws, the same standards, the same burdens of proof will continue to apply What’s different? Why bother? Increased likelihood of appeal, because appeals will be faster and less expensive (for both parties!) What’s the likely impact? More appeals, consistent body of law, increased predictability of outcomes

Legislative Process Sponsors Hearing Senators: Bob Giuda (prime), Dan Feltes, Sharon Carson, David Watters, Jeb Bradley, Jeff Woodburn Representatives: Ed Butler, Dick Hinch Hearing Senate Judiciary Committee Tuesday, January 23 10:00 AM State House, Room 100

More information Housing Action NH https://housingactionnh.org/ Elissa Margolin, Director Elissa@housingactionnh.org (603) 828-5916 Tom DeRosa, Membership & Communications Coordinator Tom@housingactionnh.org (603) 657-0051 https://housingactionnh.org/