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HOUSING APPEALS BOARD

RSA tit. LXIV, ch. 679
in effect

RSA 679:1 Board Established.

679:1. Board Established. There is hereby established a housing appeals board, hereinafter referred to as the board, which shall be composed of 2 members who shall individually and collectively be learned and experienced in questions of land use law or housing development or both. At least one member shall be an attorney licensed to practice law in the state of New Hampshire, and the other shall be either a professional engineer or land surveyor. The members of the board shall be full-time employees and shall not engage in any other employment, appointments, or duties during their terms that is in conflict with their duties as members of the board. Source. 2019, 346:260, eff. July 1, 2020. 2025, 141:335, eff. July 1, 2025.

RSA 679:1-a Housing Appeals Board; Administrative Attachment.

679:1-a. Housing Appeals Board; Administrative Attachment. The housing appeals board shall be administratively attached to the board of tax and land appeals for budgetary and administrative purposes, in accordance with RSA 21-G:10. Staff for each board may provide support for either board, as is deemed necessary by each board. Source. 2025, 141:336, eff. July 1, 2025.

RSA 679:2 Appointment; Term; Chair.

679:2. Appointment; Term; Chair. The members of the housing appeals board shall serve at the pleasure of the governor and council, rather than fixed terms. The governor and council shall appoint board members and designate one member as chair, who shall serve in that capacity at the discretion of the appointing authority. Source. 2019, 346:260, eff. July 1, 2020. 2024, 267:3, eff. Jan. 1, 2025. 2025, 141:337, eff. July 1, 2025.

RSA 679:3 Removal.

679:3. Removal. Any member may be removed by the same authority for inefficiency, neglect of duty, or malfeasance in office; but, before removal, the member shall be furnished with a copy of the charges and have an opportunity to be heard in defense. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:4 Compensation.

679:4. Compensation. Each member of the board shall receive the annual salary prescribed by RSA 94:1-a and reasonable expenses, including transportation, subject to the approval of the governor and council. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:5 Authority; Duties.

679:5. Authority; Duties. I. It shall be the duty of the board and it shall have power and authority to hear and affirm, reverse, or modify, in whole or in part, appeals of final decisions of municipal boards, committees, and commissions regarding questions of housing and housing development. This includes, but is not limited to: (a) Planning board decisions on subdivisions or site plans. (b) Board of adjustment decisions on variances, special exceptions, administrative appeals, and ordinance administration. (c) The use of innovative land use controls. (d) Growth management controls and interim growth management controls. (e) Decisions of historic district commissions, heritage commissions, and conservation commissions. (f) Other municipal permits and fees applicable to housing and housing developments. (g) Matters subject to the board's authority may include mixed-use combinations of residential and nonresidential uses. Such different uses may occur on separate properties, provided such properties are all part of a common scheme of development. II. In exercising its authority under this chapter, the board shall have the power to award all remedies available to the superior courts in similar cases, including permission to develop the proposed housing. III. Relative to RSA 674:58 through RSA 674:61, the board shall have the power and authority to hear and determine appeals of decisions of local land use boards regarding proposals for workforce housing, including but not limited to whether the municipality's land use ordinances and regulations provide a reasonable and realistic opportunity for the development of workforce housing; whether the local land use board has imposed conditions of approval that render the proposal economically unviable; and whether a denial by a local land use board was unreasonable or unlawful. IV. After local remedies have been exhausted, appeals may be brought before the board by an applicant to the municipal board, committee, or commission, or by any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15. The municipality shall be a party to the action. If the applicant is not the party initiating the action before the board, then the applicant shall automatically be an intervenor. The board shall grant intervenor status to abutters and to any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15. Decisions of the state fire marshal that may be appealed under RSA 155-A:11, I, and final decisions of a local building code board of appeals that may be appealed under RSA 155-A:11-b shall first be appealed to the building code review board pursuant to those sections. Decisions of the building code review board on such appeals may then be appealed either to superior court pursuant to RSA 155-A:12 or the board under this chapter. Source. 2019, 346:260, eff. July 1, 2020. 2025, 186:5, eff. July 1, 2025.

RSA 679:6 Timing of Appeals and Board Proceedings.

679:6. Timing of Appeals and Board Proceedings. I. Appeals shall be filed with the board within 30 days of the final decision of a municipal board, committee, or commission. At the same time an appeal is filed with the board, the applicant shall notify the municipal board, committee, or commission of such appeal. II. The municipal board, committee, or commission shall within 30 days of receipt of such notice submit to the board a certified record of its proceedings on the matter subject to the appeal. III. The board shall hold a hearing on the merits within 90 days of its receipt of a notice of appeal. IV. The board shall make a decision on an appeal within 60 days after conducting a hearing on the merits. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:7 Jurisdiction; Court Appeals.

679:7. Jurisdiction; Court Appeals. I. In matters within its authority the board shall have concurrent, appellate jurisdiction with the superior court. An election by any party to bring an action before the board shall be deemed a waiver of any right to bring an action in the superior court, but shall not abrogate any party's right to appeal decisions of the board to the supreme court; as such, the board shall retain jurisdiction of any matter originally brought before it. At any time during an appeal to the board, if the board determines that it does not have jurisdiction to hear the appeal, the appellant shall have 30 days to file an appeal with the superior court. II. In an appeal of a local decision on housing or housing development, any claim that is within the board's authority under RSA 679:5 and that has previously been or is subsequently included in an appeal in superior court by another party to the decision or by any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15 shall automatically be stayed by the court to provide the party with standing the opportunity to intervene in the matter before the board. If intervenor status is granted, the stay of the court action regarding those claims shall continue during the pendency of the appeal to the board. After the board has decided the appeal, the court shall dismiss the matter before it to the extent the matter has been resolved by the board. Any claim included in an appeal to superior court that is not within the board's authority shall not be subject to automatic stay by the court. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:8 Quorum; Disqualification; Temporary Members.

679:8. Quorum; Disqualification; Temporary Members. I. In all matters a majority of the board shall constitute a quorum to transact business. II. No member of the board shall represent a party or testify as an expert witness or render any professional service for any party or interest before the board, and any member having an interest in the subject matter shall be disqualified to act therein. III. If, in the event of a disqualification or temporary disability of a member or members of the board, it shall become necessary to do so, the board, subject to the approval of the supreme court, shall appoint such number of temporary board members as shall be necessary to meet the requirements herein imposed. Such temporary board members shall serve with respect to such matter until the same has been fully disposed of before the board. IV. Temporary board members shall have the same qualifications as regular board members in whose place they are acting. V. A temporary board member shall be compensated at the rate of $75 for each day devoted to the work of the board and shall be reimbursed the necessary and reasonable expenses incurred by him or her in the performance of his or her duties. VI. In the event of a vacancy on the board, the appellant may elect to continue the proceedings while awaiting the appointment of a successor board member. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:9 Hearing Procedure; Standard of Review.

679:9. Hearing Procedure; Standard of Review. I. Appeals to the board shall be consistent with appeals to the superior court pursuant to RSA 677:4 through RSA 677:16. Appeals shall be on the certified record, and except in such cases as justice may warrant, in the sole discretion of the board, no additional evidence will be introduced. Consistent with the contested case provisions of RSA 541-A, the rules of evidence shall not strictly apply. In addition to the provisions of RSA 91-A, the board shall record the proceedings of any hearing before it and shall make such recording available to the public for inspection and recording from the date of the hearing to a date which is 15 working days after the board has made a final decision on the matter which is the subject of the hearing, or, if an appeal is made from such decision, the date upon which the matter has been finally adjudicated, whichever date is later. II. The board shall not reverse or modify a decision except for errors of law or if the board is persuaded by the balance of probabilities, on the evidence before it, that said decision is unreasonable. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:9-a Tie Vote; Resolution.

679:9-a. Tie Vote; Resolution. In the event of a tie vote between the 2 members of the housing appeals board, a third, temporary voting member shall be selected from among the sitting members of the board of tax and land appeals, who shall cast the deciding vote on the matter. The selection shall be made in rotation among available members of the board of tax and land appeals. Source. 2025, 141:338, eff. July 1, 2025.

RSA 679:10 Representation by Nonattorneys.

679:10. Representation by Nonattorneys. Nonattorneys, including professional engineers, architects, and land surveyors, may represent any party before the board. Nothing in this section shall prevent the board from denying representation by any individual it deems to be improper, inappropriate, or unable to adequately represent the interests of the applicant to the municipal board, committee, or commission. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:11 Board Meetings.

679:11. Board Meetings. The board's deliberative processes in adjudicatory proceedings held pursuant to RSA 541-A shall be exempt from the public meeting and notice provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings shall be publicly available, but only after they have been reduced to writing, signed by a quorum of the board, and served upon the parties, and shall set forth the board's rulings of law and findings of fact in support of its decisions. Discussions and actions by the board concerning procedural, administrative, legal, and internal matters shall be exempt from the meeting and notice provisions of RSA 91-A:2. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:12 Rules and Regulations.

679:12. Rules and Regulations. The board may adopt rules under RSA 541-A necessary for carrying out its functions including but not limited to rules of procedure to be followed in hearings conducted by it not inconsistent with the provisions of this chapter. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:13 Administration of Oaths, Subpoenas, Etc.; Fees.

679:13. Administration of Oaths, Subpoenas, Etc.; Fees. The board shall have authority to administer oaths and to compel the attendance of witnesses to proceedings before it. The board shall have the power to subpoena and subpoena duces tecum. Witnesses compelled to appear shall be paid the same fee and mileage that are paid to witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the board may be served by any person designated in the subpoena or subpoena duces tecum to serve it. Any testimony given by a person duly sworn shall be subject to the pains and penalties of perjury. All applications or petitions to the board for which no filing fee has been otherwise specified by statute shall be accompanied by a $250 filing fee. Costs and attorney's fees may be taxed as in the superior court. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:14 Notice.

679:14. Notice. The board shall serve notice in writing of the time, place, and cause of any hearing upon all parties at least 20 days prior to the date of the hearing. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:15 Appeal.

679:15. Appeal. Decisions of the board may be appealed to the supreme court by any party in accordance with the provisions of RSA 541 as from time to time amended. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:16 Enforcement of Decisions.

679:16. Enforcement of Decisions. After a decision of the board becomes final, the board shall, at the request of any party, file a certified abstract thereof in the Merrimack county superior court. The clerk of said court shall forthwith enter judgment thereon and such judgment may be enforced as with any final judgment of the superior court. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:17 Staff.

679:17. Staff. The board shall have such clerical, administrative, and technical staff as may be necessary within the limits of the appropriation made therefor. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:18 Office.

679:18. Office. The board shall be provided with an office in Concord in which its records, documents, and books shall be kept, and with a suitable room in which it may hold hearings. Source. 2019, 346:260, eff. July 1, 2020.

RSA 679:19 Neglect to Comply With Board's Orders.

679:19. Neglect to Comply With Board's Orders. Neglect or failure on the part of any municipality to comply with such orders shall be deemed willful neglect of duty, and it shall be subject to the penalties and damages provided by law in such cases. Source. 2019, 346:260, eff. July 1, 2020.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LXIV-679.htmFetched: 10/20/2026

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