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HB 1336 · 2026 · House · Housing Committee

Landlord-tenant conditional deposit rules

AI-generated

(New Title) relative to regulated conditional deposits.

Authorizes landlords and tenants to use regulated conditional deposits and clarifies that advance rental payments need not be held in escrow, trust, or reserve accounts.AI-generated

Status

Vetoed; the override vote failed, so the veto stands · August 19, 2026
  1. ✓Introduced
  2. ✓House
  3. ✓Senate
  4. ✕Governor
  5. Law

Governor's veto message

“This bill seeks to address the housing access problem of renters who do not meet existing landlord-defined renter criteria such as credit history, income, prior evictions, or references. While improving housing access is essential, requiring these prospective renters to provide potentially thousands of dollars more than current law upfront would impede access to housing. Moreover, the bill's language is not clear on how long a landlord can keep those funds and allows landlords discretion to unfairly withhold tenants' deposits. For these reasons, I have vetoed House Bill 1336.”
— Gov. Kelly Ayotte · Jul 2, 2026 · excerpt
Governor's press release

The House voted 159–155 on the override (Aug 19, 2026) — short of the two-thirds required, so the veto was sustained. See the roll call.

A passage from the Governor's veto message, quoted verbatim. The full message enters the record on veto day.

Analysis

This bill allows for the use of regulated conditional deposits by landlords and tenants and clarifies that advance rental payments need not be held in escrow, a trust, or a reserve account.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as passed by both chambers.

““Regulated conditional deposit” means an amount accepted by a landlord pursuant to RSA 540-A:9, up to an additional one month’s rent in excess of the limit set forth in RSA 540-A:6, I(a).”
RSA 540-A:5, V

This definition establishes the new deposit category and caps it at one month's rent above the existing security deposit limit.AI-generated

“The applicant’s credit score fails to meet the landlord’s requirements, and the landlord’s minimum credit score requirement does not exceed 650.”
RSA 540-A:9, II(a)

It is one of the enumerated conditions permitting a conditional deposit and caps the credit score a landlord may require at 650.AI-generated

“An advance payment of rent is not a security deposit and shall not be required to be held in escrow, trust, or reserve.”
RSA 540-A:5, II

The bill clarifies that prepaid rent falls outside security-deposit escrow rules.AI-generated

“If a tenant establishes that they meet the landlord’s standard rental criteria, the landlord shall, at its option, issue a refund of any regulated conditional deposit or apply any regulated conditional deposit to the tenant’s future rental obligations within 30 days of the tenant’s complete submission for re-screening.”
RSA 540-A:9, VI

It gives tenants a path to recover the extra deposit through periodic re-screening if they later meet standard criteria.AI-generated

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Joe AlexanderRPrimeChair· Housing
  • Rep. Alissandra MurrayDClerk· Criminal Justice and Public Safety
  • Rep. Jason OsborneRMajority Leader
  • Rep. Sherri ReinfurtRClerk· Housing

Also: Rep. Julie MilesR, Rep. Sheri MinorR

Public testimony

187 signed in online · 37 wrote testimony

7% support93% oppose0% neutral

ForAlternative to outright denial for borderline applicants

AgainstDoubles upfront cash needed to secure housing

AI-generatedLeading arguments, summarized by the testimony tool.

Read the arguments

In their wordsVerbatim, exactly as submitted

“I am a New Hampshire landlord, and I support HB 1336. Under current law, when an applicant narrowly misses income or credit requirements, landlords are often forced to deny them outright or require unreasonable alternatives like large prepaid rent or non-refundable surety bonds.…”
— Bridget Letarte, Conwaysupports
“Please support this bill as it will allow me to consider renting to those with challenging financial situations that I otherwise cannot risk renting to.”
— Raymond Tetu, Laconiasupports
“HB 1336 creates a middle path: allowing landlords to accept up to 2 months' rent as a regulated, refundable, interest-bearing security deposit when applicants don't meet disclosed criteria.…”
— Michelle DellaVita, Spoffordsupports
“I am writing on behalf of the Disability Rights Center - NH (DRC-NH) to express our organization's strong opposition to HB 1336, a bill that, if passed, would create additional barriers for people with disabilities who desperately need access to housing.…”
— Karen Rosenberg, Concord · Disability Rights Center - NHopposes
“I am deeply concerned about House Bill 1336, which will expand how much landlords can require as security deposits from certain applicants.…”
— Nancy Emery, Contoocookopposes
“I oppose this bill as it will make renting unaffordable for many.”
— Shannon Ouellette, Weareopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Mar 3, 2026HouseCommittee report· regular calendar: Ought to Pass with Amendment # 2026-0763h9–8
    Overall
    53% yea
  • Mar 11, 2026HouseVoice voteAmendment 2026-0763hadopted
  • Mar 11, 2026HouseRoll callLay HB1336 on Table (Rep. D. Paige)Failed157–177How they voted
    Overall
    47% yea
    Party-line vote
    Republicans
    3–1752% yea
    Democrats
    154–299% yea
  • Mar 11, 2026HouseVoice voteAmendment 2026-1100hadopted
  • Mar 11, 2026HouseVoice voteOught to Pass with Amendment 2026-1100h and 2026-0763hadopted
    Resulting text: Bill as amended by the House
  • May 7, 2026SenateCommittee report: Ought to Pass with Amendment # 2026-1724s3–2
    Overall
    60% yea
  • May 7, 2026SenateVoice voteSen. Murphy Moved Laid on Tableadopted
  • May 14, 2026SenateVoice voteSen. Lang Moved to Remove From Tableadopted
  • May 14, 2026SenateRoll callCommittee amendment 2026-1724sAdopted14–9How they voted
    Overall
    61% yea
    Party-line vote
    Republicans
    14–193% yea
    Democrats
    0–80% yea
  • May 14, 2026SenateRoll callOught to Pass with Amendment # 2026-1724sAdopted14–9How they voted
    Overall
    61% yea
    Party-line vote
    Republicans
    14–193% yea
    Democrats
    0–80% yea
    Resulting text: Bill as amended by the Senate
  • May 21, 2026HouseRoll callHouse Concurs with Senate Amendment 2026-1724s (Rep. Alexander Jr.)Adopted180–162How they voted
    Overall
    53% yea
    Party-line vote
    Republicans
    179–398% yea
    Democrats
    1–1581% yea
    Other
    0–10% yea
    Resulting text: Bill as adopted by both chambers
  • Jun 4, 2026SenateVoice voteEnrolledadopted
  • Aug 19, 2026HouseRoll callOverride the veto — shall the bill become law notwithstanding the objectionsFailed159–155How they voted
    Overall
    51% yea
    Party-line vote
    Republicans
    159–1392% yea
    Democrats
    0–1420% yea

Hearings and debates

  • Jan 27, 2026Public hearingHouse Housing1:45:02–1:50:385m 36slocated in the stream transcriptPublic Hearing
  • Mar 3, 2026Public hearingHouse HousingWatchnot located in the transcript — opens the full streamMajority Committee Report: Ought to Pass with Amendment # 2026-0763h — roll call; Executive Session
  • Mar 11, 2026Floor debateHouse floor10:31:07–10:36:355m 28sTimestamp located by Whisper transcription (this session video has no YouTube captions).
  • Mar 31, 2026Public hearingSenate Commerce2:00–43:4441m 44s
  • May 7, 2026Floor debateSenate floor41:43–42:2845s
  • May 14, 2026Floor debateSenate floor10:41:39–11:00:2118m 42s
  • May 21, 2026Floor debateHouse floor1:44:18–1:49:205m 2s
  • Jun 4, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamEnrolled Adopted — voice vote
  • Aug 19, 2026Floor debateHouse floor1:37:20–1:38:341m 14slocated in the stream transcriptVeto Sustained — roll call 159-155

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Housing HJ 1 P. 16
  2. Jan 27, 2026HousePublic Hearing: 01/27/2026 10:30 am GP 231
  3. Mar 3, 2026HouseExecutive Session: 03/03/2026 10:00 am GP 231
  4. Mar 3, 2026HouseMajority : Ought to Pass with Amendment # 2026-0763h 03/03/2026 (Vote 9-8; RC) HC 10 P. 54
  5. Mar 4, 2026HouseMinority : Inexpedient to Legislate
  6. Mar 11, 2026HouseAmendment # 2026-0763h: AA VV 03/11/2026 HJ 7 P. 214
  7. Mar 11, 2026HouseLay HB1336 on Table (Rep. D. Paige): MF RC 157-177 03/11/2026 HJ 7 P. 216
  8. Mar 11, 2026HouseAmendment # 2026-1100h: AA VV 03/11/2026 HJ 7 P. 218
  9. Mar 11, 2026HouseOught to Pass with Amendment 2026-1100h and 2026-0763h: MA VV 03/11/2026 HJ 7 P. 221
  10. Mar 12, 2026SenIntroduced 03/12/2026 and Referred to Commerce; SJ 7
  11. Mar 31, 2026SenHearing: 03/31/2026, Room 100, SH, 09:30 am; SC 11
  12. May 7, 2026Sen: Ought to Pass with Amendment # 2026-1724s, 05/07/2026, Vote 3-2; SC 17
  13. May 7, 2026SenSen. Murphy Moved Laid on Table, MA, VV; 05/07/2026; SJ 11
  14. May 7, 2026SenPending Motion Committee Amendment # 2026-1724s; 05/07/2026; SJ 11
  15. May 14, 2026SenSen. Lang Moved to Remove From Table, MA, VV; 05/14/2026; SJ 12
  16. May 14, 2026SenCommittee Amendment # 2026-1724s, RC 14Y-9N, AA; 05/14/2026; SJ 12
  17. May 14, 2026SenOught to Pass with Amendment # 2026-1724s, RC 14Y-9N, MA; OT3rdg; 05/14/2026; SJ 12
  18. May 21, 2026HouseHouse Concurs with Senate Amendment 2026-1724s (Rep. Alexander Jr.): MA RC 180-162 05/21/2026 HJ 14 P. 12
  19. Jun 4, 2026SenEnrolled Adopted, VV, (In recess 06/04/2026); SJ 14
  20. Jun 4, 2026HouseEnrolled (in recess of) 06/04/2026 HJ 15
  21. Jul 2, 2026HouseVetoed by Governor Ayotte 07/02/2026
  22. Aug 19, 2026HouseVeto Sustained 08/19/2026: RC 159-155 Lacking Necessary Two-Thirds Vote HJ 16

Coverage

Background reading

Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.