Can New Hampshire Landlords Ask About Criminal History?

When renting a home in New Hampshire, many renters wonder if landlords are allowed to ask about their criminal history. Understanding your rights can help you respond confidently if these questions come up during the rental process.

Are Landlords in New Hampshire Permitted to Ask About Criminal History?

Currently, New Hampshire law does not specifically prohibit landlords from asking about a potential tenant’s criminal record when screening rental applications. However, landlords must still follow federal fair housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability.^[1]

It is important to note that while landlords generally have discretion to inquire about criminal convictions, they cannot implement blanket bans against individuals with criminal records. According to guidance from the U.S. Department of Housing and Urban Development (HUD), such policies may have an unfair impact on protected groups and could violate the Fair Housing Act.^[2]

What About Arrest Records?

Landlords in New Hampshire should not reject applicants solely based on arrest records that did not result in a conviction. Arrests alone do not prove criminal conduct and, under HUD guidance, using arrest records in rental decisions could lead to discrimination.

What Should a Renter Do If Faced with Criminal Background Discrimination?

If you believe a landlord has denied your application because of your criminal record and this action was discriminatory under federal fair housing laws, you have the right to file a complaint.

• Gather documentation (application forms, written communication, names, dates, and specifics of the denial).
• Consider contacting the New Hampshire Human Rights Commission, which is responsible for investigating housing discrimination in the state.
• You may also file a complaint with the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Form: HUD Housing Discrimination Complaint Form (Form 903)

• Form Name/Number: HUD Housing Discrimination Complaint Form (903)
• When to Use: If you believe you’ve faced housing discrimination because of your criminal record (or other protected status), use this form to file a complaint with HUD.
• How to Use It: Fill out and submit Form 903 online at HUD.gov. You can also download a printable version here.

The New Hampshire Human Rights Commission does not require a specific form; complaints may be submitted in writing along with details and supporting documents. Learn about the process on their How to File a Complaint page.

Protections Under New Hampshire Law

While New Hampshire’s main tenancy legislation—the New Hampshire RSA Chapter 540: Actions Against Tenants—does not address criminal records in rental housing, it does provide guidelines for eviction and fair treatment.

Landlords must also comply with federal laws, including the federal Fair Housing Act, which covers all states.

Guidelines for Landlords Screening Tenants

• Screening policies must be applied equally to all applicants.
• Blanket policies against anyone with a criminal record may violate federal law.
• Consideration of only relevant, recent, and serious convictions may be permitted if based on legitimate safety concerns.

Tribunal for Tenant Disputes in New Hampshire

Disputes between renters and landlords related to discrimination or housing rights can be addressed to the New Hampshire Human Rights Commission. They handle residential tenancy discrimination claims across the state.

1. Can a landlord deny me just because of my criminal record in New Hampshire?
   Landlords can consider criminal records, but blanket denials of all applicants with records may violate federal fair housing law, especially if the policy disproportionately affects protected groups.
2. Is an arrest record enough for a landlord to deny my rental application?
   No. Arrests that did not lead to a conviction are generally not valid reasons for denial, according to HUD guidance.
3. How do I file a discrimination complaint in New Hampshire?
   You can file a complaint with the New Hampshire Human Rights Commission or HUD if you believe your rights were violated.
4. Does New Hampshire have a special form for tenancy complaints?
   No dedicated tenant complaint form exists at the state level, but HUD’s Form 903 is used for federal discrimination complaints.
5. Can I ask the landlord for their screening policy?
   Yes. You have the right to request information about their screening processes and decision criteria.

To summarize your rights as a renter in New Hampshire regarding landlord background checks:

• Landlords can ask about criminal history, but cannot apply blanket bans.
• Denials must be based on actual, relevant convictions—not just arrests.
• If you experience discrimination, you have the right to file a complaint with state or federal agencies.

Need Help? Resources for Renters

• New Hampshire Human Rights Commission – Handles housing discrimination complaints and provides guidance for renters.
• U.S. Dept. of Housing and Urban Development (HUD) Fair Housing – Federal housing discrimination information, complaint filing, and resources.
• New Hampshire RSA Chapter 540: Actions Against Tenants – Main state law on landlord-tenant issues and eviction rights.

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1. [1] Fair Housing Act (42 U.S.C. 3601 et seq.)
2. [2] HUD Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records

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