Pass-Through Utility Charges in NH Mobile Home Parks

If you rent a mobile home or a lot in New Hampshire, you may have questions about how your utility costs are billed—especially when it comes to pass-through utility charges. Understanding your rights under New Hampshire law can help you make informed decisions, avoid unfair charges, and know where to turn if disputes arise.

What Are Pass-Through Utility Charges?

Pass-through utility charges occur when a mobile home park owner bills tenants directly for utilities, such as water, sewer, or electricity, that are measured by a central meter or billed by the utility company to the park itself.

• Direct billing: The utility bill is addressed to the park owner, who then charges tenants based on actual usage or a formula.
• Sub-metering: The park installs meters for each lot or home, allowing the owner to charge tenants based on individual usage.

Are Pass-Through Utility Charges Allowed in New Hampshire Mobile Home Parks?

In New Hampshire, the ability for mobile home park owners to charge tenants for utilities is governed by RSA 205-A:2 and associated mobile home park statutes. Park owners can bill tenants for utilities only if:

• The rental agreement clearly states which utilities the tenant must pay for.
• Charges are based on reasonable, actual usage or, when not possible, a fair allocation method (such as per-lot or per-person).
• Any method of calculating charges is explained to tenants in advance.
• The park owner does not profit from utility resale. Only the actual cost can be passed on.

If a lease is silent or unclear about utility charges, tenants may have grounds to dispute additional fees.

Required Disclosures and Forms

New Hampshire law requires mobile home park owners to disclose all charges, including utilities, in the written lease agreement. These documents must be provided at the start of the tenancy. There is no specific "pass-through utility" complaint form, but several standard forms are relevant:

• Mobile Home Park Complaint/Inquiry Form
  • When to use: If you believe you are being overcharged or billed incorrectly for utilities, use this form to submit a complaint to the New Hampshire Office of Planning and Development.
  • Official Mobile Home Park Complaint/Inquiry Form (PDF)
  • Example: You receive utility bills not listed in your lease, with no explanation. You complete the form and describe your concerns for investigation.

Note: Be sure to attach copies of your rental agreement and any utility bills or notices when submitting a complaint.

Your Rights and Steps to Take

If you think you are being unfairly charged for utilities in your mobile home park, you can:

• Review your written lease agreement for utility charge terms.
• Ask the park owner for a written explanation or documentation of charges.
• Contact the New Hampshire Office of Planning and Development for guidance.
• Submit a formal complaint if needed.

Which Tribunal Handles Rent Disputes in NH?

The main body for handling complaints related to mobile home park utility charges is the New Hampshire Office of Planning and Development - Mobile Home Park Program. Legal disputes can also be brought to your local Circuit Court (NH Circuit Court) for resolution under New Hampshire law.

Key Mobile Home Park Statutes

• RSA 205-A: Mobile Home Parks and Tenants' Rights
• RSA 48-A: Housing Standards

These statutes outline rent, eviction, and utility billing protections for mobile home park residents in New Hampshire.

FAQ: Pass-Through Utility Charges in New Hampshire

1. Can a mobile home park charge me extra for utilities not mentioned in my lease?
   No. Any utility charges must be clearly described in your written lease agreement. Charges not in the lease are generally not enforceable.
2. Is it legal for parks to profit from utility billing?
   No. By law, mobile home parks in New Hampshire may only pass on the actual cost of utilities; they cannot profit by reselling utilities to tenants.
3. What should I do if I suspect an error in my utility bill?
   First, ask the park owner or manager for a breakdown and written explanation. If issues persist, submit a written complaint using the official complaint form.
4. How are utility charges calculated if there are no separate meters?
   If individual metering is not possible, costs may be divided fairly—for example, per home or based on occupancy—if clearly explained in your lease.
5. Who oversees disputes between park owners and tenants about utilities?
   The New Hampshire Office of Planning and Development handles complaints about utility charges and other park matters. Legal disputes may also be addressed in Circuit Court.

Conclusion: What Renters Should Remember

• Mobile home parks can only charge you for utilities listed in your lease and must bill you fairly.
• Any disputes can be reported to the state using the official complaint/inquiry form.
• Your rights are protected under RSA 205-A and related statutes.

Staying informed and keeping good records can help protect your tenant rights regarding utility charges in New Hampshire.

Need Help? Resources for Renters

• NH Office of Planning and Development – Mobile Home Park Program (complaints, mediation, and information)
• New Hampshire Circuit Court: District Division (legal disputes)
• New Hampshire Legal Aid – Housing Help
• Read RSA 205-A: Mobile Home Parks Law
• Download the Official Complaint/Inquiry Form (PDF)

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1. RSA 205-A: Mobile Home Parks and Tenants' Rights
2. New Hampshire Office of Planning and Development – Mobile Home Park Program
3. Mobile Home Park Complaint/Inquiry Form
4. New Hampshire Legal Aid – Housing
5. New Hampshire Circuit Court: District Division

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