N.H. Rev. Stat. Ann. § 48-A: § 48-A:5
Order of the Court.
Operative Text
The court shall as soon as practicable issue its order upon said petition; and if the court finds the dwelling complained against is unfit for human habitation due to any of the causes or conditions enumerated in RSA 48-A:2, such order shall direct the public agency to repair, alter, or improve such dwelling to render it fit for human habitation if such repair, alteration or improvement can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost; or if the repair, alteration or improvement of said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, to remove or demolish such dwelling. If the court shall find in favor of the owner, it shall award to him his reasonable costs and expenses, including counsel fees, all as determined by the court, incurred by him in his defense of the action in the superior court.
Under N.H. Rev. Stat. Ann. § 48-A:5, a court that receives a petition about a dwelling found unfit for human habitation must act promptly and issue an order directing the responsible public agency to either repair, alter, or improve the dwelling—if doing so is reasonably cost-effective relative to the property's value and the owner's financial capacity—or to remove or demolish it if such remediation is not feasible at a reasonable cost. The provision also protects property owners: if the court rules in the owner's favor, the owner is entitled to recover reasonable costs, expenses, and attorney's fees incurred in defending the action in superior court. This statute establishes a judicial process for resolving disputes about habitability conditions identified under RSA 48-A:2.
Plain English — not legal advice.
Under § 48-A:5, a court evaluating a petition about an allegedly unfit dwelling will weigh the cost of repairs against the property's value and the owner's financial capacity when deciding whether to order remediation or demolition. Property owners who successfully defend against such a petition may be awarded reasonable costs, expenses, and counsel fees as determined by the court. Operators generally maintain documentation of property values, repair estimates, and financial records that could be relevant if a petition under this section is ever filed against one of their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 48-A:5 establishes that once a petition is filed regarding a dwelling that may be unfit for human habitation under RSA 48-A:2, a court must act promptly and can order the public agency to compel repairs or, in more serious cases, removal or demolition of the dwelling. This provision is part of a judicial enforcement pathway available when habitability conditions reach the threshold described in RSA 48-A:2. Tenants who believe their dwelling may meet that threshold can explore options such as contacting local housing or code enforcement authorities, or reaching out to a tenant-rights organization to understand how the petition process under § 48-A:5 might apply to their circumstances.
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
References In
Rules and statutes that cite this regulation