NH Law About... Housing Discrimination

Introduction to... Housing Discrimination

Updated April 10, 2017. 

Tenants are protected from discrimination by the federal Fair Housing Act and other federal laws, as well as New Hampshire state law. Discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability are prohibited. The laws cover most housing including both rentals and homeownership.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.  


Read about... Housing Discrimination

WEBSITES

New Hampshire Commission for Human Rights

Link verified on: April 10, 2017

The Commission's website provides information on discrimination in NH, links to laws and rules, Commission decisions, and how to file a complaint.   GO>

Disability Rights Center. Housing

Link verified on: April 10, 2017

The DRC provides information, advice, and legal representation to individuals who have problems with housing who have been discriminated against due to their disability. Other housing law problems are referred to New Hampshire Legal Assistance or the Legal Advice and Referral Center for income-eligible individuals.   GO>


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Residential landlord and tenant law in New Hampshire / prepared by Fred K. Mayer III , Brian C. Shaughnessy. Eau Claire, WI : Lorman Education Services, c2014.

The eviction process -- The security deposit statute -- Leases -- Ethical considerations -- Collecting rent -- Prohibited practices in residential tenancies -- Residential landlord and tenant law.   GO>

Link verified on: May 23, 2017

Every landlord's legal guide / Marcia Stewart, Ralph Warner, & Janet Portman. [Berkeley, California] : Nolo, 2016.

Screening tenants : your most important decision -- Preparing leases and rental agreements -- Basic rent rules -- Security deposits -- Discrimination -- Property managers -- Getting the tenant moved in -- Cotenants, sublets, and assignments -- Landlord's duty to repair and maintain the premises -- Landlord's liability for tenant injuries from dangerous conditions -- Landlord's liability for environmental health hazards -- Landlord's liability for criminal activity -- Landlord's right of entry and tenants' privacy -- Ending a tenancy -- Returning security deposits and other move-out issues -- Problems with tenants : how to resolve disputes without a lawyer -- Late rent, terminations, and evictions -- Lawyers and legal research -- Appendix A. State landlord-tenant law charts.   GO>

Link verified on: May 23, 2017

Every tenant's legal guide / Attorney Janet Portman and Marcia Stewart. 8th Edition. Berkeley, CA : Nolo, 2015.

Finding a place to rent -- Leases and rental agreements -- Basic rent rules -- Security deposits -- Discrimination -- Inspecting the rental unit and moving in -- Roommates, guests, and Airbnb -- Major repairs and maintenance -- Minor repairs and maintenance -- Making improvements and alterations -- Your right to privacy -- Injuries on the premises -- Environmental hazards -- Crime on the premises -- How tenancies end or change -- Moving out and getting your security deposit back -- Termination notices based on nonpayment of rent and other illegal acts -- Evictions -- Resolving problems without a lawyer -- Lawyers and legal research -- State landlord-tenant law charts -- How to use the interactive forms on Nolo Website.   GO>

Link verified on: April 21, 2017

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Read the law about... Housing Discrimination

NEW HAMPSHIRE STATUTES

RSA 205-A. Regulation of Manufactured Housing Parks  GO>

Link verified on: May 23, 2017

RSA 353. Hotels, Tourist Cabins, etc.   GO>

Link verified on: April 10, 2017

RSA 354-A: State Commission for Human Rights   GO>

Link verified on: April 10, 2017

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: June 26, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Find it in a Library ... New Hampshire Landlord & Tenant Law Annotated. LexisNexis.

Link verified on: May 23, 2017

This single-volume book is a compilation of New Hampshire landlord tenant law statutes. It includes references to New Hampshire Supreme Court decisions and to books about landlord and tenant law in New Hampshire. Libraries may borrow the NH Law Library's copy through Interlibrary Loan.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE CASES

135 N.H. 643 (1992) Brosseau v. Green Acres Mobile Homes, Inc.

Link verified on: April 10, 2017

In considering the language of RSA chapter 354-A and RSA chapter 205-A, we discern a simple rule that is consistent with both statutes. Namely, the age restriction referred to in RSA chapter 205-A must conform to the minimum forty-five-year age restriction allowable under RSA 354-A:8, V-b(d). In other words, RSA 205-A:2, II(d) outlines the conditions under which age restrictions may be imposed, and RSA 354-A:8, V-b(d) specifies the age restriction that may be imposed. Thus, a manufactured housing park, designed as a retirement community, may legally limit occupancy to persons over forty-five years of age if such age restriction is in effect at the time of the commencement of the tenancy or three years has elapsed after the enactment of the retirement community age restriction.   GO>

151 N.H. 251 (2004). White Cliffs at Dover v. Bulman

Link verified on: April 10, 2017

The FHAA makes it unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of that person. 42 U.S.C. § 3604(f)(2). Discrimination is defined to include “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. 42 U.S.C. § 3604(f)(3)(B). A reasonable accommodation has been defined as changing some rule that is generally applicable so as to make its burden less onerous on the handicapped individual.   GO>

159 N.H. 524 (2009) Ferson-Lake, LLC v. City of Nashua

Link verified on: April 10, 2017

On appeal, the petitioner argues that: (1) the trial court erred in affirming the board's denial of its application on the ground that it did not satisfy NLUC § 16-81(c)(2); (2) enforcement of Hum 302.03 is vested solely in the New Hampshire Human Rights Commission and that the board, therefore, exceeded its authority in attempting to enforce the regulation; and (3) even if the board could enforce Hum 302.03, the regulation had expired prior to the second hearing on the site plan application.   GO>

Learn About New Hampshire Cases: New Hampshire case law consists of the published opinions of the New Hampshire Supreme Court. GO>
 

NEW HAMPSHIRE REGULATIONS

Hum 100-300. Commission for Human Rights.

Link verified on: April 10, 2017

The administrative rules of the State Commission for Human Rights describe complaint, investigative, and hearing procedures for the Commission.   GO>


FEDERAL STATUTES

42 U.S.C. Ch. 45: Fair Housing  GO>

Link verified on: April 10, 2017


FEDERAL REGULATIONS

24 CFR Chapter 1, Subchapter A - Fair Housing  GO>

Link verified on: April 10, 2017


FOR MORE HELP ...

Guide to New Hampshire Legal Services programs

Link verified on: April 10, 2017

Telephone numbers and websites for low-income and regular-fee legal services.   GO>

New Hampshire Law Library

Link verified on: June 26, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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