N.H. Rev. Stat. Ann. § 130-A: § 130-A:18
Civil Suits.
Operative Text
Owners of pre-1978 rental housing and childcare facilities shall take reasonable care to prevent exposure to, and the creation of, lead hazards. Notwithstanding any provision of law to the contrary, the mere presence of a lead base substance shall not constitute negligence on the part of an owner of any dwelling. To establish negligence on the part of an owner, the plaintiff in a civil suit shall demonstrate actual injury caused by the lead base substance. Evidence of actions taken or not taken by the owner of a pre-1978 rental property or childcare facility in compliance with applicable public health laws and regulations concerning lead may be admissible evidence of reasonable care or negligence. Remedial actions taken by a property owner after a lead exposure has occurred shall not be admissible evidence for purposes of establishing liability. Evidence of a tenant's disturbance of painted surfaces containing lead paint also shall be admissible evidence. In addition, the mere presence of a lead base substance in a dwelling shall not by itself violate any warranty of habitability.
Under N.H. Rev. Stat. Ann. § 130-A:18, owners of pre-1978 rental housing and childcare facilities are required to take reasonable care to prevent lead hazards, but the simple presence of a lead-based substance alone does not automatically constitute negligence or a breach of the warranty of habitability. To succeed in a civil lawsuit, a plaintiff must show that the lead-based substance actually caused an injury. Courts may consider evidence of whether the owner followed or failed to follow applicable public health laws on lead, as well as evidence that a tenant disturbed lead-painted surfaces, though remedial steps taken after an exposure event cannot be used to establish liability.
Plain English — not legal advice.
Under § 130-A:18, compliant operators of pre-1978 rental properties and childcare facilities generally document their efforts to follow applicable public health laws and regulations concerning lead, since such evidence can be introduced in civil proceedings as proof of reasonable care. Maintaining records of inspections, disclosures, and any lead-related maintenance activities supports a showing that the property was managed responsibly. Because post-exposure remedial actions are not admissible to establish liability under this provision, operators typically focus on proactive, documented compliance rather than reactive measures alone.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 130-A:18 establishes that tenants who suffer actual injury from a lead-based substance in a pre-1978 rental home or childcare facility may pursue a civil claim, provided they can demonstrate that the injury was caused by the lead hazard. The provision also makes clear that a landlord's compliance history with public health lead regulations is relevant evidence in such proceedings, which means documentation of reported conditions and the owner's responses can matter. Tenants who believe they have been harmed by lead exposure may wish to contact a tenant-rights organization or consult an attorney familiar with New Hampshire housing law to understand the evidentiary requirements under this provision.
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.
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