HB1008

Positive for affordable housing expansion, but requires oversight to ensure that alternative compliance options are applied equitably and inclusively.

Dear Chair and Members of the Committee, I write in strong support of HB 1008, which modernizes New Hampshire’s inclusionary zoning and innovative land-use statutes in a way that is both pro-housing and pro-local control. This bill does something critically important: it clarifies what inclusionary zoning is, what it is not, and how it can be used effectively to produce real, livable affordable housing instead of paper compliance. Under current law, municipalities have been left with vague and incomplete tools. Some towns hesitate to adopt inclusionary zoning at all because the statute is unclear. Others adopt rigid formulas that unintentionally block development rather than encourage it. HB 1008 fixes both problems by clearly defining inclusionary zoning as either a voluntary incentive or a local requirement that produces affordable housing while giving communities a modern menu of options — density bonuses, streamlined approvals, preservation of existing units, replacement of demolished affordable housing, and tenant habitability during construction. That flexibility is exactly what towns need. Just as important, HB 1008 creates a fair and efficient alternative-compliance process. Developers who can meet the goals of an inclusionary ordinance in a different, equally effective way — such as building units elsewhere, preserving existing housing, or delivering deeper affordability — are allowed to propose that solution. Planning boards must approve alternatives that meet the ordinance’s intent, with third-party review available if there is disagreement. This prevents two damaging outcomes: • rigid formulas that kill otherwise good housing projects, and • loopholes that allow developers to avoid meaningful affordability. HB 1008 strikes the balance between certainty and flexibility — exactly what both municipalities and builders need if we want housing to actually get built. Most importantly, this bill ties affordability to real definitions under RSA 674:58 and requires enforceable deed restrictions. That ensures that when towns require or incentivize affordable housing, the homes remain affordable to the people they are intended to serve — working families, seniors, and young adults — not just on paper, but in reality. At a time when New Hampshire is facing a housing crisis that threatens our workforce, our seniors, and our economic future, HB 1008 gives communities the tools they need to produce housing instead of lawsuits, units instead of stalemates, and neighborhoods instead of sprawl. I respectfully urge the Committee to recommend Ought to Pass on HB 1008. Sincerely, David John Preece State Representative, Hillsborough District 17