N.H. Rev. Stat. Ann. § 203: § 203:3

Definitions.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireAffordable Housing Programs

Operative Text

N.H. Rev. Stat. Ann. § 203: § 203:3
The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:
I. "Authority" or "housing authority" shall mean any of the public corporations created by RSA 203:4.
II. "Municipality" shall mean any city or town in this state. The "municipality" shall mean the particular municipality for which a particular housing authority is created.
III. "Governing body" shall mean in a city that governing body which is designated as such by the charter of the particular city; in a town, the town meeting.
IV. "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city. "Mayor" shall also mean the selectmen in the case of towns.
V. "Clerk" shall mean the clerk of the municipality or the officer charged with the duties customarily imposed on such clerk.
VI. "Area of operation" of a housing authority of a municipality shall include all of the municipality for which it is created, and the area of operation of the housing authority of a city shall include the area within 6 miles of the territorial boundaries thereof. The area of operations of the housing authority of a city shall not, however, include any area which lies within the territorial boundaries of any other city, nor shall it include any portion of a town for which a housing authority has been organized, but the city housing authority may continue to operate any project which has been constructed or which is in the process of construction within the original area of its operations.
VII. "Federal government" shall include the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America.
VIII. "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health or morals.
IX. "Housing project" shall mean any work or undertaking: (1) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (3) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
X. "Persons of low income" shall mean persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe sanitary dwellings, without overcrowding.
XI. "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.
XII. "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
XIII. "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.
XIV. "Public use" means:
(a)(1) The possession, occupation, and enjoyment of real property by the general public or governmental entities;
(2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;
(3) The acquisition of real property to remove slums, as defined in RSA 203:3, VIII, structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and
(4) Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use.
(b) Except as provided in subparagraphs (a)(2) and (4) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.
Source: Legislative text reproduced verbatim
Plain English

N.H. Rev. Stat. Ann. § 203:3 establishes the foundational vocabulary for New Hampshire's housing authority law, setting out precise meanings for terms like 'housing authority,' 'municipality,' 'housing project,' 'persons of low income,' and 'public use' as they apply throughout Chapter 203. Notably, the provision draws a clear boundary around 'public use,' specifying that it does not encompass private economic development or commercial enterprise simply because those activities generate tax revenue or jobs. The geographic reach of a city housing authority is also defined here, extending up to six miles beyond city boundaries but subject to important limitations where other municipalities or towns have established their own authorities.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating within or near a New Hampshire municipality should be aware that § 203:3 defines the scope and authority of local housing authorities, including the geographic 'area of operation' that may affect properties located near city boundaries. The definition of 'slum' and 'housing project' under this section can be relevant when a housing authority undertakes acquisition, demolition, or redevelopment activities in an area. Operators whose properties fall within a housing authority's defined area of operation may find these definitions material to understanding how authority actions, bond obligations, or project designations could apply to their holdings.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

For tenants, § 203:3 is significant because it defines 'persons of low income' as those who, as determined by the relevant housing authority, cannot afford decent, safe, and sanitary housing without financial assistance — a definition that shapes eligibility for housing authority programs throughout Chapter 203. The provision's definition of 'public use' also limits when real property can be taken, explicitly excluding condemnation solely for private economic benefit, which can be relevant if a tenant's home is in an area targeted for redevelopment. Tenants who believe a housing authority action may not align with these statutory definitions may wish to consult a tenant-rights organization or legal aid provider familiar with New Hampshire housing law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
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References Out

Rules and statutes cited by this regulation

N.H. Rev. Stat. Ann. § 203:4
Not yet ingested

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 203:9
N.H. Rev. Stat. Ann. § 203:3

Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

Source Information

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