Trifecta’s Target

State GOP Wins Eye New Moves to Help Housing Construction

Will Ayotte, Legislature Confront Local NIMBYs?

New Hampshire State House Concord, New Hampshire State U.S.A.

ith solid majorities in the state House of Representatives and state Senate, and control of the governor’s office, New Hampshire Republicans have more power than they’ve had in years to push through laws of their liking. iStock photo

New Hampshire Republicans are guardedly optimistic they can deliver on their campaign promises to pass new laws designed to boost badly needed housing construction across the state.

As they were for the GOP across the country, recent election results were a boon to Granite State Republicans, with former Sen. Kelly Ayotte winning the gubernatorial race and with Republicans expanding their majorities in both chambers of the New Hampshire legislature.

Now it’s governing time for the strengthened GOP – and some of its leaders say they know full well they’ll be closely watched and judged by how they handle housing issues in the coming legislative session.

“Housing was one of the top issues on the campaign trail,” said state Rep. Jim Kofalt, R-Wilton, the House deputy majority leader. “It’s one of those issues that matters to everyone. It’s important to residents and businesses alike.”

Kofalt said he expects lawmakers to tackle a number of housing initiatives after the new legislative session starts in January, including compromise legislation that would allow homeowners to build accessory dwelling units, also called ADUs, on their properties.

Other housing-related matters lawmakers will be eyeing in the coming session include: streamlining the permitting process for new construction, both at the state and local levels; supporting and possibly expanding the state’s Affordable Housing Fund; and leveraging state funds to secure more federal dollars for local housing projects.

Ayotte’s Agenda Inspiring GOP

Many of those and other ideas come straight from Ayotte’s own housing agenda outlined during her recent successful run for governor.

And all the ideas are tied to a housing shortage most economists, and now apparently most lawmakers, believe is the ultimate cause of skyrocketing home prices and apartment rents that are slamming residents across the state.

New Hampshire Housing, the state’s quasi-public housing lender, has estimated that the state needs at least 60,000 new housing units by 2030 to help relieve severe price pressures on homebuyers and renters alike in New Hampshire. New housing, particularly workforce housing, is also desperately needed to retain and attract workers to the state, business leaders have said.

But building new housing has been easier said than done, largely due to classic NIMBYism at the local-government level that’s successfully blocked new housing projects in the past.

Elissa Margolin, director at Housing Action New Hampshire, a nonprofit housing advocacy group, said overcoming local opposition to new housing must be a top priority of lawmakers if more housing is to be built in the state.

Defying local governments has proven difficult in the past.

But Margolin expressed optimism that lawmakers from both parties have come to the realization that the state needs to take decisive action to get new housing projects underway across the state.

“We’ve gone beyond the idea that government won’t play a role in housing,” she said. “This past election, from a housing perspective, was unprecedented. Housing was a top issue. It was on everyone’s minds. It’s not a partisan issue. There’s a real opportunity now to get things done.”

Lawmakers Seek Balance vs. Local Interests

Lawmakers contacted by The Registry Review agree that the debate has shifted in recent years toward the state getting more involved in housing issues.

“There’s a lot of things we can do,” said state Rep. Jason Osborne, R-Auburn, the House majority leader.

Among other things, Osborne said he’d like lawmakers to look at streamlining the permitting process for building new housing, such as possibly reducing development regulations at the departments of Environmental Services, Transportation and Energy.

“We need to find things that get in the way of new housing and get rid of them,” he said. “Government overreach on regulations is a problem.”

But one of the things in the way of new housing is local government opposition – and Osborne acknowledged that’s a key problem lawmakers will have to confront.

“The trickier area is local zoning,” he said. “We have to figure out how not to overstep the wishes of local governments while also respecting the rights of property owners.”

Osborne indicated the rights of property owners are foremost on his mind these days, saying there’s just too many local restrictions on what can and can’t be built.

“It’s the difference between local control and local tyranny. When they overstep their authority, we need to rein them in,” he said.

State Rep. Joe Alexander, R-Goffstown, agreed state lawmakers need to thread the policy needle between local-government concerns and the statewide need to build more housing.

Lawmakers may need to pass legislation that stipulates local government building codes can’t exceed state building requirements, he said.

But Alexander, who recently chaired the legislature’s Special Committee on Housing, stressed lawmakers need to look at all regulations, not just local regulations, in order to jump-start housing construction. He pointed out wetland restrictions as an area that may need attention.

Optimism for ADU Progress

As for accessory dwelling units, Kofalt expressed optimism that a final compromise ADU bill will eventually pass.

Earlier this year, the House passed a bill that increased the number of ADU units that could be built by-right on a property, but the legislation stalled in the Senate over concerns that three units per property were too many, Kofalt said.

“I think it’s highly likely” lawmakers will find a compromise on ADUs, Kofalt said.

A spokesperson for Ayotte could not be reached for comment.

But her housing agenda, as outlined during the campaign, was rather extensive and impressive, said Housing Action New Hampshire’s Margolin.

Among other things, Ayotte’s plan included support for, as mentioned, streamlining the state permitting process for new construction and supporting the state’s Affordable Housing Fund.

But she also expressed support for ADUs, possibly selling off unused state land for housing projects and other initiatives.

Noticeably absent from Ayotte’s campaign housing agenda: directly confronting local government opposition to housing proposals.

But Margolin said Ayotte’s overall housing agenda nevertheless included a “lot of good ideas” that would, if acted upon, help promote new housing construction in New Hampshire.

“I’m optimistic,” Margolin said of passing meaningful housing legislation during the next legislative session. “I think we can get things done.”