Can Landlords Discriminate by Income in New Hampshire?

Many renters rely on non-wage sources of income—like Section 8 housing vouchers, Social Security, or child support payments—to pay rent. It’s natural to ask whether New Hampshire landlords can legally reject rental applications based on these sources of income. Understanding your rights will help you navigate the rental process confidently and know where to turn if you believe you’ve experienced discrimination.

Does New Hampshire Ban Source of Income Discrimination?

Currently, New Hampshire does not have a state law that bans landlords from denying rental applications based on your lawful source of income. This means, at the state level, landlords can choose not to rent to you because you use housing assistance, alimony, Social Security, or similar payments.

Unlike several other states where source of income is a protected class, New Hampshire’s main anti-discrimination law, the New Hampshire Law Against Discrimination (RSA 354-A), makes it illegal to discriminate in housing based on:

• Race or color
• Religion
• National origin
• Sex or gender identity
• Familial status
• Age
• Disability
• Sexual orientation

However, source of income is not included in this list at the state level.¹

Federal Law and Voucher Protections

No federal law explicitly bans source of income discrimination for renters, including those with Section 8 vouchers (Housing Choice Vouchers), unless the discrimination overlaps with another protected class—like race, gender, or disability.

However, if a landlord applies rules differently to you or treats you unfairly because you use a program like Section 8 and you belong to another protected class, you may have broader protection. In those cases, the U.S. Department of Housing and Urban Development (HUD) may have a role in investigating fair housing complaints. See more at the official HUD Fair Housing page.

Are There Any Local Protections in New Hampshire?

As of this year, no cities or towns in New Hampshire have passed local ordinances offering broader protection against source of income discrimination for renters. Always check with your local city hall or rental authority to confirm if this has changed.

What Can Renters Do If They Face Discrimination?

If you believe a landlord denied you housing for a reason already protected by New Hampshire law (such as race, familial status, or disability), you can file a complaint with the New Hampshire Human Rights Commission. But if the only reason was your source of income (without overlap with a protected class), there isn’t a state or federal complaint process in New Hampshire at this time.

If you aren't sure why a landlord rejected you or you think another protected right was violated, keep records of your communications and application materials. It may help clarify your options.

Filing a Housing Discrimination Complaint (For Protected Categories)

• Form: Housing Discrimination Complaint Form (no formal number assigned)
• When Used: Complete this if you believe you were denied housing, harassed, or given unequal terms based on a protected characteristic under state law.
• How To Use: Fill out the form describing what happened and submit it to the New Hampshire Human Rights Commission. You can find the form and instructions here.

Once your complaint is filed, the Commission reviews your information and may investigate or seek resolution between you and the landlord.

Which Tribunal Hears Tenant-Fair Housing Complaints?

In New Hampshire, the New Hampshire Human Rights Commission is the official state body that investigates housing discrimination complaints under RSA 354-A.

Relevant Tenancy Legislation

• New Hampshire Law Against Discrimination – RSA 354-A

The main landlord-tenant statute, RSA 48-A (Landlord & Tenant), does not address source of income discrimination.

What Should I Do if Denied Housing Due to Income Source?

Although source of income discrimination is not banned in New Hampshire, here are steps you can take if you're denied rental housing:

• Ask the landlord (politely and in writing) for the specific reason your application was rejected.
• If you believe the real reason involves a protected class (like disability), keep documentation and consider filing a complaint using the official complaint form.
• If you participate in programs like Section 8, contact your local Public Housing Authority for local support or alternative housing options.

Frequently Asked Questions (FAQ)

1. Is it legal for my landlord to refuse Section 8 vouchers in New Hampshire?
   Yes. At this time, New Hampshire does not ban landlords from refusing renters using Section 8 vouchers unless another protected class (such as race or disability) is involved.
2. What counts as 'source of income' in housing discrimination?
   Source of income usually refers to the way you pay your rent—such as wages, government assistance, Social Security, child support, or vouchers.
3. Can I file a complaint if I think I was rejected for using public assistance?
   Only if your rejection also involves discrimination based on a protected class under New Hampshire law. If it is only about how you pay rent, there is currently no state-level complaint process.
4. Where do I file a fair housing complaint in New Hampshire?
   Complaints are filed with the New Hampshire Human Rights Commission. Visit their official complaint page to get started.
5. Does New Hampshire have any local (city/town) bans on source of income discrimination?
   No New Hampshire municipalities have enacted local bans on source of income discrimination as of this year.

Conclusion: What Renters Should Know

• New Hampshire does not ban source of income discrimination for renters at the state or local level.
• Landlords can legally refuse rental applicants based only on lawful income source (such as Section 8 vouchers) unless another protected right applies.
• File with the Human Rights Commission if you experience discrimination based on race, disability, or another protected characteristic.

Stay informed—laws and local rules can change. Be proactive about asking landlords for written reasons for rejection and document any communication you think may involve discrimination.

Need Help? Resources for Renters

• New Hampshire Human Rights Commission: For discrimination protecting protected classes (not source of income alone)
• New Hampshire Housing Finance Authority: Assistance with vouchers and affordable housing programs
• HUD Fair Housing – Complaints and Info
• New Hampshire Law Against Discrimination (RSA 354-A)
• New Hampshire Legal Aid Housing Help

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1. RSA 354-A: New Hampshire Law Against Discrimination
2. New Hampshire Human Rights Commission: File a Complaint
3. NHHFA: Housing Choice Voucher Program Information

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