New Hampshire Code of Administrative Rules Hab - Housing Appeals Board
š 1. Foundational Information
Administrative Rules effective date: Adopted July 6, 2021, and became effective July 7, 2021
The full text is available in a PDF covering Habā100, Habā200, and Habā300
šļø 2. Organization & Authority (HabāÆ100)
HabāÆ103.01 confirms HABās concurrent appellate jurisdiction alongside Superior Court over municipal housing decisions; final HAB decisions can be appealed to the NH Supreme Court
HAB deals with āfinal decisions of municipal boards, committees, and commissions regarding questions of housing and housing developmentā ā subdivision, zoning, site plans, etc. (
āļø 3. Procedural Rules (HabāÆ200)
HabāÆ201.04 ā Filing an appeal:
Appeals must be hand-delivered, mailed and received, receipt-confirmed courier, or emailed to 107āÆPleasant St., Concord
Within 5 days of filing, the appellant must certify that the municipal board was notified per RSAāÆ679:6
If notification is delayed, HAB may extend deadlines or dismiss the appeal
š 4. Definitions (HabāÆ102)
The term āAppealā includes decisions by:
Planning boards (subdivisions, site plans)
Zoning boards (variances, special exceptions, administrative appeals)
Historic, heritage, conservation commissions
Innovative land-use controls; fees; mixed-use development
š¤ 5. Composition & Powers (Derived from Statute & HAB Handouts)
HAB is a 3āmember board, appointed by the NH Supreme Court (at least one attorney, one engineer or land surveyor) serving 5āyear terms
Members hear appeals on municipal landāuse decisions, including workforce housing issues and have full remedies, including the ābuilderās remedyā and the ability to reverse/modify local decisions
Appeals must be filed within 30 days of municipal boardās final decision. Record submitted within 30 days, hearing held within 90 days, decision within 60 days post-hearing (
š 6. Filing Workflow Summary
Start: Municipal decision date ā Appellant has 30 days to file with HAB and notify the municipality.
Next: Municipality submits record in 30 days.
Then: HAB conducts hearing within 90 days of filing notice.
Finally: HAB issues decision within 60 days after hearing .
ā 7. Where to Find the Rules
The official PDF (HabāÆ100ā300) is available on the HAB website
Sections referenced above (HabāÆ103.01, HabāÆ102.03, HabāÆ201.04) are also viewable via Cornell, Justia, and similar legal sites
š In Summary:
The HAB provides a streamlined, administrative alternative to Superior Court appeals for municipal housing and development decisions. Governed by HabāÆ100ā300, it ensures timely hearings and clear procedures, while allowing access to comparable legal remedies.
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