New Hampshire Administrative Code

"Affordable rent" means housing costs, rent, and utilities, at or below the maximum affordable gross rent, approximately 30 percent of 80 percent of area median income, for the area as determined by the U.S. Department of Housing and Urban Development (HUD) metropolitan or non-me…

"Area median income (AMI)" means the median income of the greater region, either the HUD metropolitan or non-metropolitan fair market rent area to which the municipality belongs, as is established and updated annually by HUD. Notes N.H. Admin. Code § Bea 602.03 Derived from Numbe…

"Building" means a structure which, when built, has a ceiling supported by walls or columns, and any appurtenances thereto. Notes N.H. Admin. Code § Bea 602.04 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Building permit" means a document issued by the state or by a local municipality, other than a zoning permit or land use permit, granting permission to a building owner or builder to construct or renovate a building, building component, or structure within the state. Notes N.H. …

"Certificate of occupancy" means a document issued by a local municipality or the state, upon the satisfactory completion of required inspections, granting permission to occupy the building for its intended use. Notes N.H. Admin. Code § Bea 602.06 Derived from Number 37, Filed Se…

"Deed restricted" means housing which has a deed rider and is subject to a long-term affordability covenant with a provision for municipal or third-party monitoring which ensures the affordability of the units for a prescribed amount of time and ensures that the occupants of the …

"Department" means the department of business and economic affairs (BEA). Notes N.H. Admin. Code § Bea 602.08 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Dilapidated" means a building that is no longer fit for habitation or use and cannot reasonably be restored to a habitable or useable state. Notes N.H. Admin. Code § Bea 602.09 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/…

"Fire suppression system" means a system which is used to extinguish, control, or in some cases, entirely prevent fires from spreading or occurring and includes, but are not limited to fire sprinkler heads, water piping networks, standpipes, and smoke alarms. Notes N.H. Admin. Co…

"Grant applicant" means the municipality or developer applying for an InvestNH grant or loan. Notes N.H. Admin. Code § Bea 602.11 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Grantee" means a municipality or developer that has been awarded a InvestNH grant or loan. Notes N.H. Admin. Code § Bea 602.12 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Hard cost" means tangible expenses associated with the physical construction of a project. Notes N.H. Admin. Code § Bea 602.13 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Improvements to real property" means anything that makes the property, or any component thereof, more usable, and valuable. Notes N.H. Admin. Code § Bea 602.14 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Incentive" means a monetary form of assistance, support, offset, or the like that motivates or encourages a specific behavior, such as the development of a workforce housing project. Notes N.H. Admin. Code § Bea 602.15 Derived from Number 37, Filed September 12, 2024, Proposed b…

"Local governing body" means "local governing body" as defined in RSA 672:6, namely, "in addition to any other appropriate title: I. Board of selectmen in a town; II. City council or board of aldermen in a city; III. Village district commissioners in a village district; IV. Count…

"Loan applicant" means a municipality or housing developer that is applying for InvestNH program funding via a loan. Notes N.H. Admin. Code § Bea 602.17 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Lot" means "lot" as defined in RSA 674:24, namely, "a parcel of land at least sufficient in size to meet the minimum requirements for use, coverage and area and to provide required yards and other open spaces. An undersize lot is permissible if it passes state standards for soil…

"Mortgage subsidy" means a monetary form of assistance, support, offset, or the like that reduces the cost of an individual's or entity's mortgage or mortgage related expenses. Notes N.H. Admin. Code § Bea 602.19 Derived from Number 37, Filed September 12, 2024, Proposed by #1404…

"Multi-family housing" means "multi-family housing" as defined in RSA 674:58,II, namely, "a building or structure containing 5 or more dwelling units, each designed for occupancy by an individual household." Notes N.H. Admin. Code § Bea 602.20 Derived from Number 37, Filed Septem…

"Other types of housing necessary for the economic development of the state" means any type of housing that is suitable for year-round occupancy and is intended for non-transient occupancy. Other types of housing necessary for the economic development of the state can include, bu…

"Overlay district" means a geographic zoning district layered over another existing zoning district or districts, or a defined area within a municipality or territory that lacks zoning, that implements new, additional, or revised regulations. Notes N.H. Admin. Code § Bea 602.22 D…

"Property" means, unless otherwise indicated, real property. Notes N.H. Admin. Code § Bea 602.23 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Real property" means land, including land improvements, structures, and appurtenances thereto, but excludes moveable machinery and equipment. Notes N.H. Admin. Code § Bea 602.24 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8…

"Related or affiliated contractor" means a contractor that has a financial, managerial, or familial relationship with the awardee. Notes N.H. Admin. Code § Bea 602.25 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Redevelopment costs" means the costs of land or site acquisition, demolition, abatement, remediation, excavation, and construction of infrastructure. Notes N.H. Admin. Code § Bea 602.26 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Exp…

"Regional revolving loan fund (RLF)" means a source of money from which loans are made in an ongoing manner for the purposes defined within this program, within a defined region of the state of New Hampshire, and with at least the same standards and limitations outlined within th…

"Rental subsidy" means a monetary form of assistance, support, offset, or the like that reduces the cost of an individual's or entity's rent related expenses. Notes N.H. Admin. Code § Bea 602.28 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2…

"Residential unit'' means "residential unit" as defined in RSA 483-B:4, XIX, namely "a structure, or portion thereof, providing complete and independent living facilities, including permanent facilities for living, sleeping, eating, cooking, and sanitation which are used in commo…

"Residential use" means lands, buildings, or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and includes a single detached dwelling, a semi-detached dwelling, a multiple-unit dwelling, an apartment dwelling,…

"Site acquisition" means the process of identifying, analyzing, and purchasing real property, including securing any requisite zoning approvals or permitting related to that site. Notes N.H. Admin. Code § Bea 602.31 Derived from Number 37, Filed September 12, 2024, Proposed by #1…

"Site development" means the process and steps necessary to prepare a site for construction, such as drainage, pavement, lighting, earthwork, and other physical infrastructure needed on the site. Notes N.H. Admin. Code § Bea 602.32 Derived from Number 37, Filed September 12, 2024…

"Tax reduction" means a monetary form of assistance, support, offset, or the like that reduces the cost of an individual's or entity's tax related expenses, or the use of resources to enact a broad-based reduction in tax rate. Notes N.H. Admin. Code § Bea 602.33 Derived from Numb…

"Unit" means a single-family residence, or a single-family residence within in a multi-family housing development, which includes a private kitchen and private bathroom. Notes N.H. Admin. Code § Bea 602.34 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effe…

"New unit" means a unit that increases the total net number of units. Notes N.H. Admin. Code § Bea 602.35 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/2034.

"Vacant" means a property that is empty of all personal property generally required for habitation and which has been unoccupied for 90 days. Notes N.H. Admin. Code § Bea 602.36 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, Expires 8/8/…

"Workforce housing" means "workforce housing" as defined in RSA 674:58, namely "housing which is intended for sale and which is affordable to a household with an income of no more than 100 percent of the median income for a 4-person household for the metropolitan area or county i…

The InvestNH program shall be administered by the department, such as utilizing staff in authorized positions, contingent upon availability of funding and with the support of a third-party vendor if the department deems it necessary to ensure the effective administration of the p…

(a) The purpose of the InvestNH program is to make grants and loans to municipalities and to housing developers for the purpose of improving the ability to accelerate the approval of affordable workforce housing as defined in RSA 674:58, IV, and other types of housing determined …

(a) Municipalities within the state of New Hampshire shall be eligible to apply for available InvestNH program grants and loans, subject to available funding, program guidance, and application requirements. (b) For profit and non-profit housing developers shall be eligible to app…

(a) For housing developments with either single or multi-family homes for sale or for rent, the following costs shall be eligible under this program: (1) Redevelopment costs for affordable housing development; (2) Site development; (3) Site acquisition; (4) Code required improvem…

To apply to the InvestNH program, the applicant shall submit the following information and documentation to the department: (a) Municipality or housing developer name; (b) Municipal or housing developer contact information; (c) Municipality or housing developer Unique Entity Iden…

(a) The department shall utilize a scoring matrix on a scale of 0-100 pursuant to (b) below. An award cap shall be administered based on availability of funding. (b) The department shall utilize a scoring matrix, in which 50 points is the minimum for funding consideration as foll…

(a) Funds received by eligible entities in this program shall be on a reimbursement basis upon submission by the awardee of required expense and supporting documentation. The department shall request additional supporting documentation if the submitted documentation gives rise to…

Funding priorities shall be set based on available funding. Funding priorities shall relate to the eligible uses of funding within the InvestNH program. Notes N.H. Admin. Code § Bea 604.07 Derived from Number 37, Filed September 12, 2024, Proposed by #14044, Effective 8/8/2024, E…

(a) Reports for projects expenditures shall: (1) Be reported to the department at the frequency mandated by the award agreement with the eligible entity, typically monthly until the project is completed; and (2) Be supported by related documentation, which shall be provided along…

(a) The department, upon the department's own initiative or upon request by an applicant, shall waive any requirement of Bea 600 if such waiver does not contradict the objective or intent of the rule and: (1) Applying the rule provision would cause confusion or would be misleadin…

(a) This section shall be applicable to each applicant that has applied for InvestNH funds and either received no funds or fewer funds than requested. (b) Applicants may apply for an administrative review of the scoring of its application by filing a written request within 15 cal…