Under the New Hampshire Fair Housing Act, it is illegal for landlords, brokers, agents, or banks to deny anyone housing based on race, country of origin, sex, gender, disability, sexual orientation, age, or religion.
One of the biggest triumphs of the Civil Rights Movement was the 1968 Fair Housing Act, protecting renters and homebuyers in all 50 states. While it may seem like a given, this law continues to change, including protections based on sexual orientation and gender identity, as recently as 2021.
While the Fair Housing Act is mandated nationwide, states may have different methods of reporting housing discrimination to take legal action. Jerry
, the home insurance
expert and super app, has compiled information on fair housing laws in New Hampshire, including what counts as housing discrimination and how to report it. Does New Hampshire have a Fair Housing Act?
Yes! New Hampshire’s Fair Housing Act makes it illegal to do any of the following based on race, color, national origin, religion, sex, familial status, disability, age, marital status, sexual orientation, and gender identity:
Refuse to rent or sell a property to one group of people over another
Refuse to accept a bona fide offer
Alter the terms and conditions of a real estate transaction
Refuse to negotiate a real estate transaction
Advertise or post a notice that refuses offers from any of the protected classes above
Refuse a mortgage application
Falsely represent a property as being unavailable for sale, rent, or lease
The rules of the Fair Housing Act apply to anyone selling or renting a property in New Hampshire. The same goes for real estate brokers, developers, banks, appraisers, and anyone involved in the housing market. If you feel that someone involved in your housing transaction has been discriminatory towards you, you can file a complaint with the New Hampshire Commission of Human Rights
. Accessibility requirements under the Fair Housing Act
The Fair Housing Act also lays out specific protections for people with disabilities. These accessibility requirements are mandated nationally by the 1991 Fair Housing Act
, detailed in Section 354-A:11
of New Hampshire’s Fair Housing laws. Individuals with disabilities can request reasonable accommodations from housing providers regarding rules, policies, practices, or services to fully use and enjoy the property. These accommodations include:
Requesting a support animal, such as a seeing-eye dog, at a location that does not allow pets
Requesting a closer or more accessible parking space
Allowing a tenant to pay rent via mail if they are unable to visit a rental office or pay in person
Disabled individuals can also request a reasonable modification to the property. However, it depends on the building and the needs of the person in question. Common reasonable modification requests include:
At least one accessible entrance unless the terrain prevents it
Doors wide enough for wheelchair users to pass through
Kitchens and bathrooms mapped for wheelchair users
Accessible light switches, thermostats, and outlets
Reinforced bathroom walls that can support a grab bar
A landlord refusing to make reasonable changes to your home to accommodate your disability can count as discrimination. You can file a complaint under the Fair Housing Act if this has happened to you.
How to file a fair housing complaint in New Hampshire
So, your landlord outright refused to accommodate your need for a closer parking space. Or, you showed up for an apartment tour and the realtor advised the place wasn’t actually available, despite what the agent told you over the phone.
If you suspect that your race, nationality, sex, disability, or religion made you a target for housing discrimination, you can take action and file a report against the landlord or agent through a fair housing inquiry.
First, contact the New Hampshire Commission for Human Rights
, either over the phone or by printing, filling out, and mailing an intake questionnaire
. You must complete this step within 180 days of the incident. The Commission will assign an investigator to your case, who will review all aspects of the charge, requesting relevant information if necessary and encouraging both parties to resolve the issue.
A public hearing may be the next step if the investigator can’t help both parties solve the issue. This could be because you disagree about the charge or perhaps the person you’re filing against refuses to resolve your complaint.
You also can report to the Department of Housing and Urban Development (HUD)
. HUD will work with the New Hampshire Commission to review your inquiry. State agency vs. local offices
While filing a fair housing inquiry through the Commission is generally the best way to deal with housing discrimination in New Hampshire, New Hampshire Legal Assistance (NHLA)
also investigates inquiries through their Fair Housing Project
. The difference is that the Commission is a state agency, whereas NHLA is a local non-profit law firm. NHLA can help you file an inquiry with the state and HUD, provide translators if you need them, and may even be able to represent you in court should your case progress.
To contact NHLA, call 1-800-921-1115. They have locations in Concord, Berlin, Claremont, Portsmouth, and Manchester.
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| 117 North State Street, Concord, NH 03301 | | |
| 38 Glen Avenue, Berlin, NH 03570 | | |
| 24 Opera House Square, #206 Claremont, NH 03743-2603 | | |
| 1850 Elm Street Suite 7 Manchester, NH 03104 | | |
| 154 High Street, Portsmouth, NH 03801 | | |
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