Girard v. Town of Allenstown

The Superior Court (Cann, J.) has transferred the following question of law to this court:

“Has the Town of Allenstown, through the grant of authority in RSA 49-B:8 (Supp. 1979) and/or its general police powers under RSA 31:39, been empowered by the General Court to lawfully enact an ordinance limiting rent increases?”

We answer the question in the negative.

On March 11, 1980, the voters of Allenstown, at town meeting, enacted a “fair rental ordinance.” The ordinance purports to limit the amounts by which owners of rental property can increase rents and establishes a “fair rental board”…