Big changes could be coming to Conway’s rental inspection program, but are they actually improving safety—or just making it easier for rentals to slip through the cracks? Town Planner Ryan O’Connor recently announced that self-affidavits would be reintroduced, reducing the number of physical inspections required for rental properties. The proposed changes will be discussed at a public hearing on January 28 at 4 p.m. at Town Hall.
Background: Why the Program Was Paused
Last April, Conway voters approved a warrant article allowing the town to inspect and regulate both short- and long-term rental properties. The goal was clear—ensure that rental homes met life-safety standards before issuing a certificate of rental compliance. However, the program faced legal challenges from the Mount Washington Valley Association for Responsible Vacation Rentals, which sued the town in July, calling the inspections “illegal.”
Rather than fight the lawsuit outright, the Selectmen paused the program in October to make revisions, which have now been unveiled.
Key Changes: A Shift to Self-Affidavits
The biggest change? Rental owners will now be able to self-certify that their property meets building codes, reducing the need for in-person inspections. Here’s what’s being proposed:
- Self-Affidavits Instead of Inspections – Existing rental property owners can sign off on their own compliance without an in-person check.
- Fewer Physical Inspections – Inspections will only be required for new rental properties or when ownership changes.
- Annual Self-Affidavit Requirement – Rental owners must submit a self-affidavit each year.
- Optional Inspections – Owners can request an inspection from the town, valid for three years.
- $1,000 Daily Fines – Non-compliance could cost up to $1,000 per day, though the Selectmen can adjust this.
- New Appeals Process – Appeals will now go to the Zoning Board of Adjustment instead of a board of industry professionals.
The Problem with Self-Inspections
Self-inspections sound great—until you see what actually happens. This is like letting kids grade their own homework. Some will give themselves an A+ because they didn’t do the work but still want to pass, while others will give themselves a passing grade because they don’t know what’s wrong in the first place.
I’ve personally seen plenty of homes proudly displaying their self-affidavit rental licenses, yet when you walk inside, they have obvious safety violations. Whether it’s missing smoke detectors or lack of proper egress, these are real hazards that don’t just go away because a form says everything is fine.
Rental Owners: Think Before You Sign
If you own a rental property, ask yourself: Are you really comfortable signing a document saying your home meets safety codes if it doesn’t?
This isn’t just about checking boxes—it’s a legal liability. If something goes wrong—a fire, an injury, or worse—you could be held personally responsible for falsely attesting that your property was up to code. An official inspection provides a layer of protection, ensuring you’re in compliance before anything happens.
A $175 Fee for… What Exactly?
Then there’s the $175 self-affidavit fee. Let’s be honest—this looks less like a safety measure and more like a money grab. What exactly is that fee covering? It’s not an inspection, it’s not enforcement, and it’s not improving rental conditions. If anything, it makes it easier for unsafe rentals to keep operating, while still bringing in revenue for the town.
Concerns from the Responsible Renters Association
Even though the Rental Association supports the return of self-affidavits, they still have major concerns, including:
- Could These Rules Eventually Apply to All Homes? Some worry that Chapter 72 could expand beyond rentals, applying safety standards to all homes in Conway.
- Are Rentals Being Treated as Commercial Businesses? The town is using NH RSA 41:11-c, a law meant for business permitting, even though courts have ruled rentals aren’t commercial enterprises.
- Are the Fees Justified? New Hampshire law requires that permit fees only cover administrative costs. The $175 self-affidavit fee seems far beyond what it actually costs to file paperwork.
Final Thoughts: A Step in the Right Direction or a Missed Opportunity?
While this revised program may seem like an improvement over the paused version, self-certification does not replace real inspections. Safety shouldn’t be a “trust system.” If rental properties are meant to meet safety standards, then someone who actually knows what they’re looking for should be checking—not just the owner filling out a form.