Lally v. Flieder, 159 N.H. 350

Summary

The New Hampshire Supreme Court held that cable television is a protected utility service under RSA 540-A:3, I, which prohibits landlords from willfully interrupting utility services as a self-help eviction tactic. The court reversed the dismissal of the tenant's claim and remanded for further proceedings, including consideration of whether the landlord unlawfully attempted to evict the tenant under RSA 540-A:2.

Holdings

1. Cable television is a protected utility service under RSA 540-A:3, I, and a landlord's unlawful termination of that service may constitute a prohibited self-help eviction tactic.

Questions Presented

1. Whether cable television service is a protected utility service under RSA 540-A:3, I.
2. Whether Flieder attempted to unlawfully evict Lally in violation of RSA 540-A:2.

Disposition

reversed_and_remanded