Here is a summary of an article that was published in the Conway Daily Sun recently. You can read the full article here
The recently adopted rental inspection ordinance in Conway has hit a legal snag that prevents its enforcement until an amendment can be made at the next town meeting. This comes as the town faces a lawsuit from the Mt. Washington Valley Association for Responsible Vacation Rentals.
Background and Current Situation: At the Sept. 3 Selectmen’s meeting, Deputy Town Manager Paul DegliAngeli announced that the town would not take action against landlords out of compliance with the new rental inspection plan until the ordinance is updated and the lawsuit is resolved. The main issue lies in the ordinance’s wording, which does not correctly cite the relevant state laws.
The ordinance, which was approved by voters, needs to be amended to include references to specific state statutes, such as RSA Chapter 31, which pertains to the town’s ability to enact bylaws. The current version lacks this necessary verbiage, which has led to confusion and legal challenges. DegliAngeli stated that while the ordinance is not believed to be illegal, the town wants to clarify its language before moving forward.
Legal Actions and Reactions: This revelation surprised David Cavanaugh, president of the rental association, who noted that the town's intention to pause enforcement for ordinance adjustments was unexpected. The association, alongside White Mountain Properties, LLC, filed a lawsuit in August arguing that the rental inspection program was implemented without proper legal authority from the state. They are also challenging the town on the grounds of warrantless inspections and seeking to prevent the enforcement of the program.
Next Steps: To address the issue, the town plans to draft a letter explaining the situation to rental property owners. This letter will be presented at the next Selectmen’s meeting on October 1. Meanwhile, the town has received a two-week extension to respond to the lawsuit, with their new deadline being September 30. The first court hearing is scheduled for October 15 in Belknap Superior Court.
Looking Forward: The town aims to amend the rental ordinance at the 2025 town meeting to include the correct citations and set a fine schedule. Until then, enforcement of the rental inspection program remains on hold. This situation underscores the importance of precise legal language in local ordinances and the potential complexities that can arise when implementing new regulations.
For landlords and renters in Conway, this means a continued period of uncertainty. Stay tuned for updates as the town works to resolve these legal challenges and clarify the future of the rental inspection program.