An association of rental property owners plans to drop its lawsuit regarding Conway’s rental inspection program, in which landlords must register their rental properties by Dec. 31.
The latest version of program was approved by voters in April. In August, a public education campaign about the program will be launched. Registration will begin in September.
Last year, the Mt. Washington Valley Association of Responsible Rentals and White Mountain Properties LLC sued 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.
Last Wednesday, June 4, lawyers for the association, Matt Johnson and Richard Driscoll of Devine Millimet & Branch in Manchester, filed “a motion for voluntary non-suite without prejudice.” This means the association would like to drop the suit. The association needs a judge’s approval for the case to be closed.
“The Renter’s Association feels that the Conway Selectmen and the new town planner, Ryan O’Connor, are acting professionally and have expressed a desire to enact the best ordinance to serve property owners in Conway, both residents and landlords,” said David Cavanaugh, president of the MWV Responsible Renters Association.
“While we still have some concerns regarding the implementation of the ordinance and potential legal concerns, currently we feel it is best to drop the lawsuit against the town of Conway and work with them over the remainder of the year on solutions to our concerns,” Cavanaugh said.
So far, a status conference is still scheduled for July 3 at 9 a.m.
Under the new program, 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.
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.
— DAYMOND STEER CONWAY DAILY SUN
