N.H. Rev. Stat. Ann. § 48-A: § 48-A:4
Procedure for Enforcement.
Operative Text
If the owner fails to comply with an order, made pursuant to the provisions of RSA 48-A:3, to repair, alter, improve or to vacate and close the dwelling, or to remove or demolish the dwelling, the public agency may file a petition in the superior court in which it shall set forth the charges issued pursuant to RSA 48-A:3, II, as well as any other allegations bearing upon the unfitness of the dwelling for human habitation. The court shall thereupon direct notice to be given all parties having an interest in said dwelling, including mortgagees and persons in possession thereof. Such notice shall be given, where practicable, by personal service, except that if the person to be served resides outside the state, service may be made upon him by registered mail; and if there are any unascertained persons having an interest in said dwelling, notice may be given them by publication of the petition in a newspaper having general circulation in the municipality, such publication to be at least 10 days before the date set for the hearing. The court shall set a date for hearing such charges and additional allegations. Upon hearing, the matter shall be treated as de novo, and the court shall hear such pertinent evidence concerning the fitness of the dwelling for human habitation as may be relevant.
Under N.H. Rev. Stat. Ann. § 48-A:4, when a property owner does not comply with an official order to repair, close, or demolish a dwelling deemed unfit for human habitation, the responsible public agency may bring the matter before the superior court. The court is required to notify all parties with a legal interest in the property—including mortgagees and occupants—through personal service, registered mail, or newspaper publication as circumstances allow. The hearing is conducted fresh (de novo), meaning the court independently evaluates evidence about whether the dwelling is fit for human habitation, without simply deferring to the agency's prior findings.
Plain English — not legal advice.
Property owners subject to an order under RSA 48-A:3 should be aware that § 48-A:4 establishes a formal court enforcement pathway if compliance does not occur. A compliant operator generally responds to agency orders within the specified timeframe, documents all repair or remediation work, and communicates proactively with the public agency to avoid escalation to superior court proceedings. Once a petition is filed under § 48-A:4, all parties with an interest in the property—including lenders—are drawn into the legal process, which can affect financing arrangements and title.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 48-A:4 provides an important protection for people living in a dwelling that has been found unfit: if the owner ignores a repair or closure order, the public agency can take the matter to superior court, and occupants are entitled to receive notice of those proceedings as interested parties. Tenants who receive such a notice have the opportunity to participate in the de novo court hearing, where evidence about the dwelling's habitability is considered independently. Those in this situation may benefit from contacting a local tenant-rights organization or legal aid office to understand how their interests can be represented in the § 48-A:4 court process.
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