HB 1392 - AS INTRODUCED
2001 SESSION
05/01
HOUSE BILL 1392
This bill requires the board of manufactured housing to attempt to resolve disputes regarding manufactured housing park rules through mediation prior to scheduling an administrative hearing before the board.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2389
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to mediation before the board of manufactured housing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Manufactured Housing Parks; Jurisdiction; Procedure; Mediation. Amend RSA 205-A:27, IV to read as follows:
IV.(a) Any resident of a manufactured housing park or any owner of a manufactured housing park may petition the board by filing a complaint with the board and paying a $25 filing fee which shall be used to defray the costs of the board. Such filing fee may be waived by the board if the board determines that such fee will cause an unfair financial burden on the petitioner.
(b) Upon the filing of a complaint, the board or a subcommittee of the board, designated by the board chairperson, shall mediate or use the services of a mediator to attempt to resolve any dispute concerning manufactured housing park rules. Engaging in mediation shall not abridge any other right to relief afforded under this chapter to any resident of a manufactured housing park or any owner of a manufactured housing park.
(c) If mediation does not result in agreement, and the board determines [After review of the claim and a decision by the board] that the matter has merit and is not frivolous, the board shall schedule a hearing within [60] 90 days from the receipt of the claim. If the board finds the claim to be without merit or to be frivolous, it shall dismiss the complaint and explain in writing to the complainant its reasons for dismissing the complaint.
[(b)](d) The board shall serve notice, in writing, of the time and place of the hearing upon all appropriate parties at least 20 days prior to the date of the hearing. Both parties to the complaint may be represented by counsel.
[(c)] (e) All hearings held by the board shall be held pursuant to RSA 541-A:31-36 unless such proceedings are specifically inconsistent with the provisions of this subdivision. All hearings of the board shall be subject to the provisions of RSA 91-A. The board shall not be bound by common law or statutory rules of evidence but may admit all testimony having a reasonable probative value. It may exclude evidence which, in the opinion of the board, is immaterial, irrelevant, or unduly repetitious.
2 Repeal. RSA 205-A:27, III, relative to optional mediation regarding disputes involving manufactured housing park rules, is repealed.
3 Effective Date. This act shall take effect January 1, 2003.