N.H. Rev. Stat. Ann. § 48-A: § 48-A:7
Standards for Public Agency.
Operative Text
An ordinance, code or bylaw adopted by a municipality pursuant hereto shall provide that the public agency may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are unusually, abnormally, or unreasonably dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of such municipality. Such conditions may include the following: Defects which increase beyond normal the hazards of fire, accident, or other calamities; lack of reasonable adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, dangerous structural defects; uncleanliness; over-crowding; inadequate ingress and egress; inadequate drainage; or any violation of other health, fire or safety regulations.
Under N.H. Rev. Stat. Ann. § 48-A:7, a municipality may adopt local ordinances, codes, or bylaws that authorize a designated public agency to formally declare a dwelling unfit for human habitation. Such a declaration can be made when conditions in the dwelling pose unusual, abnormal, or unreasonable dangers to the health or safety of occupants, neighbors, or other residents. The provision lists a range of qualifying conditions, including fire hazards, poor ventilation or lighting, inadequate sanitation, structural defects, overcrowding, and violations of other applicable health, fire, or safety regulations.
Plain English — not legal advice.
Property owners and managers operating under a municipality that has adopted standards pursuant to § 48-A:7 generally maintain their units in a condition that avoids the categories of deficiency the statute identifies — such as structural disrepair, inadequate ventilation, poor drainage, and overcrowding — because any of these can form the basis for a public agency's determination that a dwelling is unfit for human habitation. Compliant operators routinely inspect for fire hazards, sanitation shortfalls, and code violations before they escalate to the point of triggering agency review. Keeping documentation of maintenance, repairs, and inspections is a common practice among operators who want to demonstrate ongoing attention to habitability standards under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 48-A:7 establishes the framework under which a local public agency can find a dwelling unfit for human habitation, and tenants living in conditions such as dangerous structural defects, inadequate ventilation, poor sanitation, or overcrowding may have grounds to request that the agency conduct an inspection. Tenants can generally report such conditions to the municipality's designated public agency or local code enforcement office, and a formal finding of unfitness under this provision may carry significant legal weight. Tenant-rights organizations in New Hampshire can help residents understand what local ordinances have been adopted under § 48-A:7 and what options may be available when habitability concerns arise.
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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