Mobile home storm rules in New Hampshire

New Hampshire's RSA Chapter 205-A addresses storm and disaster safety through an implied warranty of habitability for water and sewage, a bar on charging residents for underground-system repairs they didn't cause, and a required local emergency-repair contact — backed by the federal HUD construction code for the home. The information below describes how the law generally works; anyone dealing with a specific situation should consider consulting a licensed attorney in New Hampshire.

What the statute says

RSA 205-A:13-c, III establishes an "implied warranty of habitability whereby the park owner warrants, at the inception and throughout the tenancy, that, if provided by the owner ... [t]here is a functioning water supply system which, if the source is provided by the owner, shall provide safe drinking water" and "a safely functioning sewage disposal system," in accordance with Department of Environmental Services standards.

RSA 205-A:2, IX bars charging a tenant "for repair or maintenance to any underground system, such as oil tanks, or water, electrical or septic systems, for causes not due to the negligence of the tenant." RSA 205-A:2, X requires an off-site park owner to provide a manager or agent "within 10 miles of the park" who is "reasonably available ... to receive reports of the need for emergency repairs" and "authorized to make or contract emergency repairs without specific authorization." And RSA 205-A:2, III presumes a home "constructed to any nationally recognized building or construction code" — the federal HUD code — to be safe.

How it works in general

Two layers protect storm safety in New Hampshire. For the park, the owner warrants a functioning, safe water supply and a working sewage system, must maintain underground oil, water, electrical, and septic systems (a resident can't be billed for damage they didn't cause), and — if the owner is off-site — must keep a local manager within 10 miles who can authorize emergency repairs. For the home, its wind-zone construction comes from the federal HUD code, and a code-built home is presumed safe. Disaster assistance is handled through federal and state emergency-management programs.

Common scenarios

General examples New Hampshire park residents commonly encounter:

• A storm knocks out the park water or sewer. The implied warranty of habitability covers safe water and working sewage (RSA 205-A:13-c).
• An underground line is damaged by a storm. The park can't bill the resident for repairs the resident didn't cause (RSA 205-A:2, IX).
• A resident needs an emergency repair and the owner is out of state. A local manager within 10 miles must be available and able to act (RSA 205-A:2, X).

Other authorities that may apply

Chapter 205-A supplies the water/sewer warranty, the underground-system protection, and the emergency-contact requirement. The federal HUD code governs home construction, and the Department of Environmental Services sets water and sewage standards. The New Hampshire Division of Homeland Security and Emergency Management and FEMA administer disaster assistance, and a homeowner's insurance policy — not statute — usually governs storm-damage claims.