New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 1000 - HOUSING
Part He-M 1007 - HOUSING SECURITY GUARANTEE PROGRAM
Section He-M 1007.10 - Landlord Claims

Universal Citation: NH Admin Rules He-M 1007.10

Current through Register No. 40, October 3, 2024

(a) The landlord may submit a claim for payment to the provider on a HSG due to:

(1) Non-payment of rent by the tenant; or

(2) Damage to the premises, beyond reasonable wear and tear, caused by the tenant, family members, or guests.

(b) Any landlord who makes a claim for payment on a HSG shall give to the provider and tenant within 30 days of vacancy a written notification that a claim has been made regarding the HSG in accordance with RSA 540-A:7.

(c) Any landlord who makes a claim for payment on a HSG shall give to the provider:

(1) A certification of default issued by the landlord under penalty of perjury or copy of the notice to quit in accordance with RSA 540-A, as applicable;

(2) A copy of the landlord-tenant writ if the tenant was evicted;

(3) A copy of the rent ledger, account book, or any other written documents used in the ordinary course of business to record charges due and payments made by the tenant for the entire period of the person's or family's tenancy;

(4) A written description of any damage caused by the person or family for which the landlord is making a claim for payment, including any photographs of any damage, if available; and

(5) Copies of bills, estimates, invoices, or other documents evidencing the cost of repairing damage committed by the person or family for which the landlord is making a claim for reimbursement.

(d) The provider shall pay a landlord's claim submitted in accordance with (c) above within 30 days of submission of the claim, unless denied in accordance with (e) below.

(e) A provider shall deny a landlord claim for payment for any of the following reasons:

(1) The provider determines the claim is fraudulent based on the sworn certification or move-in inspection described in He-M 1007.04(b) (13) ;

(2) The tenant is currently residing in the dwelling or housing unit;

(3) The amount of the claim exceeds the amount owed on repairs to the premises, unpaid rent, or the dollar amount assured by the HSG; or

(4) The damages are within reasonable wear and tear pursuant to RSA 540-A:7.

(f) If a claim for payment is denied, in whole or in part, the provider shall give written notice to the landlord as to:

(1) How much, if any, of the claim is denied;

(2) The reason for the denial; and

(3) The right to appeal and a description of the appeals process in accordance with He-M 1007.12.

(g) If the provider pays a landlord's claim, the provider shall submit an invoice for reimbursement on such claim to the department within 60 days of payment to the landlord. The department shall deny payment for invoices not submitted within 60 days.

#9579, eff 10-24-09

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