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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. More information Housing Action NH https://housingactionnh.org/
Elissa Margolin, Director (603)
Tom DeRosa, Membership & Communications Coordinator (603)