New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1600 - LEAD POISONING PREVENTION AND CONTROL
Part He-P 1609 - STANDARDS FOR LEAD ABATEMENT
Section He-P 1609.05 - Request to Remove the Dwelling or Dwelling Unit(s) from the Rental Market

Universal Citation: NH Admin Rules He-P 1609.05

Current through Register No. 40, October 3, 2024

(a) When an order of lead hazard reduction has been issued pursuant to He-P 1605.01, the owner(s) or owner's agent may request to remove the dwelling or dwelling unit(s) from the rental market, pursuant to RSA 130-A:8-a, III in accordance with the following:

(1) To certify that the dwelling or dwelling unit(s) are removed from the residential rental market, or that the dwelling or the dwelling unit is owner-occupied, the owner shall complete and submit to the department an "Annual Request to Remove from the Residential Rental Market" (May 2020) certifying the following;

"I hereby certify as owner(s) or owner's agent that the dwelling and dwelling unit(s) indicated above have been removed from the residential rental market and the information provided on this form is true and accurate to the best of my knowledge. I further certify that I have read, understand, and agree to comply with the New Hampshire Lead Poisoning Prevention Rules (He-P 1600) and the Lead Poisoning Prevention Statute (RSA 130-A) and acknowledge that any dwelling or dwelling unit(s) under an Order of Lead Hazard Reduction cannot be returned to the residential rental market until such time as the Order of Lead Hazard Reduction has been satisfied.";

(2) The certification statement in (a)(1) shall be valid for one year from the date of signature; and

(3) If the dwelling unit(s) is to remain off of the residential rental market, an "Annual Request to Remove from the Residential Rental Market" (May 2020) shall be completed and submitted to the department annually.

(b) The department shall approve a request to remove a dwelling or dwelling unit(s) under order of lead hazard reduction from the residential rental market when the following criteria are met:

(1) If there are multiple dwelling units at the dwelling, all lead exposure hazards associated with the components located in the interior common areas, exterior, bare soils, and components on the exterior of buildings on the same lot shall be reduced;

(2) The owner(s) are not in violation of the provisions of RSA 130-A or He-P 1600 on any property they own together or individually that is under an order of lead hazard reduction; and

(3) The owner(s) making the request do not have any outstanding administrative fines or court sanctions on any property they own together or individually that is under an order of lead hazard reduction.

(c) Provided the property owner is in compliance with (a) and (b) above, the department shall notify the property owner in writing if a request to remove the property from the residential rental market is approved.

(d) If the property owner is not in compliance with (a) and (b) above, the department shall deny the request to remove the property from the residential rental market.

(e) The department shall revoke a removal from the residential rental market when it is found that there are any violations of the provisions of RSA 130-A or He-P 1600.

(f) If a request to remove from the residential rental market is denied or revoked by the department, the denial or revocation shall be:

(1) In writing setting forth the reasons for denying or revoking the request to remove from the residential rental market; and

(2) Sent by certified mail or another form of delivery that provides confirmation that the denial or revocation was delivered.

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