Despite lawsuit, Conway to roll out rental inspection program

CONWAY — The rollout plan for a newly revamped rental inspection program was presented by town staff to selectmen Tuesday, and if all goes well, rental properties in town will have to be registered by Dec. 31.

However, a lawsuit from an association of short- and long-term rental property owners in Carroll County Superior Court is still pending and could potentially derail the plan.

Town Planner Ryan O’Connor and Zoning Officer Nick DeVito presented the latest iteration of the rental program plan to selectmen at their Tuesday meeting.

The program was approved by voters in April.

DeVito said the goal this month is to draft the inspection checklist and registration form, and determine the fees. These elements would be finalized in June. By July, the online registration system should be operational and mock inspections will be conducted. In August, a public education campaign about the program will be launched.

“Right around Sept. 1, we will launch the program and open it up for people to submit their applications,” said DeVito. “Then we will close that deadline on Dec. 31.”

The Mt. Washington Valley Association of Responsible Rentals brought suit against the town over a previous version of the program and its “warrantless inspections.” The town agreed the program needed to be changed, and a revamped version was brought to voters.

At the polls, Article No. 16, the revised version of the rental inspection and certification program, passed 1,303-617. The revision to Chapter 72 reintroduces a self-affidavit process for landlords to attest that their properties are safe. There would be a physical inspection only when a property is first established as a rental or when it changes ownership.

There are also implications for homes that are not rented. If there is a change of ownership or a major renovation — such as adding bedrooms — it would trigger a safety inspection, even for non-rental homes.

A draft of the housing and life safety standards checklist, dated May 12, includes 14 points: the property’s address must be visible from the street; there must be interconnected smoke alarms and carbon monoxide detectors; there must be means of egress; heating systems must be maintained; wood stoves and chimneys must comply with National Fire Protection Association standards; electrical systems must meet NFPA standards; fire extinguishers must be present; renters must abide by the permit process for fire pits; grills must be on the ground; the rooms and meals tax license must be displayed on the property; the septic system must meet standards; the home must comply with minimum housing standards under RSA 48-A; and the rental unit must not create a nuisance.

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Certifications from self-affidavits will be valid for one year. Certificates from physical inspections will be valid for three years. Certifications will not transfer after a property sale.

O’Connor said his goal is to make the expectations “very clear” by the time applications open.

DeVito said he and the town’s three fire chiefs are working on standardizing the inspection process. He and the fire chiefs conduct the inspections.

“Something that was more eye-opening last year is that we have three fire chiefs, three precincts, and everybody has their own view of what life safety truly is in this program,” said DeVito.

The short-term rental association sued the town in July 2024, claiming the inspections were “illegal.” That case is still pending but had been on hold pending the results of April’s town meeting. In October, the selectmen decided to pause the program until it could be revised. Now that voters have approved the program again, the lawsuit is back in play.

The case was supposed to have a status conference on Wednesday. However, the association’s lawyers needed more time to study the new rental program, so the status conference will be delayed until sometime after May 28.

"We appreciate the professional and thoughtful way Town Planner Ryan O'Connor presented the revised plan. We shared 11 concerns with him that we have with the program. Some are just minor concerns, but some remain substantial obstacles," said Responsible Renters Association President David Cavanaugh.

"A major issue is the town's insistence that residential rentals fall under their power to regulate businesses, while multiple N.H. Superior Court cases have confirmed they are not businesses. Next, the warrantless inspection of private property is a clear overreach based on N.H. law."

Asked how he felt about resuming the rental inspection program while also taking on additional responsibilities in the assessing department, DeVito said: “Time management is my superpower."