New Hampshire 2024 Regular Session Status: In Committee 1 D cosponsors

HB 1368 — prohibiting termination of a tenancy based on a tenant's failure to pay rent that was increased by certain price fixing programs.

Last action — Inexpedient to Legislate: MA VV 03/21/2024 HJ 9 P. 8

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

7 changes Share ↗

Compared against the N.H. Revised Statutes Annotated as published AI-generated reading aid — verify against the official bill.

The bill adds provisions that prohibit landlords from terminating tenancies based on rent nonpayment if the rent was increased through vertical price fixing practices.

  • RSA 540:1-a

    V.(a) “Vertical price fixing” means any agreement between the lessor and other lessors in the same supply chain, for the purpose of raising rent prices, or otherwise tampering with rent prices or competitive terms; or the exchange of rent prices or competitive terms among landlords with the intent to fix prices or competitive terms; or that adversely impacts prices or competitive terms.

    Defines vertical price fixing in the context of tenancy.

  • RSA 540:1-a

    V.(b) “Agreement” means any cooperative effort between lessors whether written, verbal, inferred from conduct, created by an algorithmic pricing tool or via software provided by a property management company.

    Clarifies what constitutes an agreement related to vertical price fixing.

  • RSA 540:1-a

    V.(c) “Algorithmic pricing tool” means a program or computer software marketed to multiple lessors in the same supply chain that is intended to automate lessors’ rental pricing process and thus help landlords maximize rental income.

    Defines algorithmic pricing tool as it relates to rental pricing.

  • RSA 540:2

    VIII. No lessor or owner of restricted property shall terminate a tenancy solely based on a tenant's failure to pay rent that was increased by vertical price fixing.

    Prohibits eviction solely due to nonpayment of rent increased by vertical price fixing.

  • RSA 540:2

    (a) Upon a showing that rent at the commencement of an action against the tenant was increased by a lessor utilizing an algorithmic pricing tool or software provided by a property management company there shall exist a prima facie presumption that the action against the tenant is unlawful and shall be dismissed for vertical price fixing.

    Establishes a presumption that eviction actions related to vertical price fixing are unlawful.

  • RSA 540:2

    (b) The presumption of vertical price fixing can be rebutted by the lessor disclosing his or her property management software records and algorithmic pricing tool records whichever or both were in place when the rent was increased and showing an alternate basis for the disputed rent increase.

    Provides a means for landlords to rebut the presumption of unlawful eviction.

  • RSA 540:2

    (c) Nothing in this section shall preclude eviction for nonpayment of rent on any grounds set forth in RSA 540:2, II which are unrelated to vertical price fixing.

    Clarifies that other eviction grounds unrelated to vertical price fixing are still valid.

Action History

  1. Inexpedient to Legislate: MA VV 03/21/2024 HJ 9 P. 8

  2. Committee Report: Inexpedient to Legislate 03/06/2024 (Vote 20-0; CC)

  3. ==CONTINUED== Executive Session: 03/06/2024 10:00 am LOB 206-208

  4. ==RECESSED== Executive Session: 03/06/2024 10:00 am LOB 206-208

  5. Public Hearing: 02/14/2024 10:30 am LOB 206-208

  6. Introduced 01/03/2024 and referred to Judiciary HJ 1 P. 17

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 414 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (414)

414 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 1368?
HB 1368 is sponsored by Eric Gallager (Democrat).
What is the current status of HB 1368?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1368?
Track HB 1368 free on One Click Politics — get push/email alerts when it moves.

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