N.H. Rev. Stat. Ann. § 48-A: § 48-A:2
Grant of Power.
Operative Text
Whenever the governing body of any municipality finds that there exists in such municipality dwellings which are unfit for human habitation due to dilapidation, dangerous defects which are likely to result in fire, accidents, or other calamities, unhealthful lack of ventilation or sanitary facilities, or due to other unhealthy or hazardous or dilapidated conditions, including those set forth in RSA 48-A:7, power is hereby conferred upon such municipality to adopt ordinances, codes, or bylaws to cause the repair, closing, or demolition or removal of such dwellings in the manner provided in this chapter. Any municipality which adopts such a code or ordinance which has provisions for appeal, pursuant to this chapter, shall be exempt from any provisions of RSA 48-A which are in conflict with the adopted ordinance. The power conferred by this section shall not be used to impose any additional ordinances, codes, bylaws, licenses, certificates, or other restrictions on dwellings used as a vacation rental or short-term rental.
N.H. Rev. Stat. Ann. § 48-A:2 grants New Hampshire municipalities the authority to enact local ordinances, codes, or bylaws targeting residential dwellings deemed unfit for human habitation—whether due to structural decay, fire hazards, inadequate ventilation, or unsanitary conditions. When a municipality adopts such a code and includes an appeals process consistent with this chapter, its local rules take precedence over any conflicting provisions in RSA 48-A. Notably, this grant of power explicitly excludes vacation rentals and short-term rentals from any additional local restrictions imposed under this authority.
Plain English — not legal advice.
Under § 48-A:2, municipalities in New Hampshire may adopt housing codes that require property owners to repair, close, or even demolish dwellings found to be unsafe or uninhabitable. Compliant operators generally stay current with local ordinances adopted under this chapter, address structural, ventilation, and sanitation deficiencies proactively, and understand that if their municipality has enacted its own code with an appeals process, those local rules govern over the state chapter where conflicts arise. Owners of vacation or short-term rental properties should note that § 48-A:2 expressly prohibits municipalities from using this grant of power to impose additional restrictions specifically on those rental categories.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 48-A:2 establishes the legal foundation for local housing codes in New Hampshire that protect residents from dwellings with dangerous defects, fire hazards, or inadequate sanitation. Tenants living in conditions that may qualify as unfit for human habitation under this provision can look to their municipality's locally adopted ordinance—and any appeals process it provides—as a potential avenue for seeking remediation. Tenant-rights organizations and legal aid services can help residents understand how § 48-A:2 and any locally adopted code interact, and what complaint or enforcement options may be available at the municipal level.
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
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