New Hampshire Elevator Outages: Tenant Accessibility Rights

When you live in a multi-story rental building in New Hampshire, elevator access isn’t just about convenience—it’s an essential part of fair and equal housing, especially for tenants with disabilities. Understanding your rights when your building experiences an elevator outage is important for your safety, comfort, and ability to live independently.

Understanding Your Rights: Elevator Access and State Law

Elevators in residential high-rises are considered a critical service in New Hampshire. Property owners must keep building facilities—including elevators—reasonably safe, clean, and in good repair. This is not only required by state law but also by federal accessibility protections.

• New Hampshire law (RSA 540-A) requires landlords to maintain essential services for tenants, such as utilities, plumbing, and elevators.^[1]
• The federal Fair Housing Act and Americans with Disabilities Act (ADA) further protect renters with disabilities when elevator outages impact mobility or access.

If a landlord fails to restore elevator service quickly, especially when it limits mobility for tenants with disabilities or health concerns, official avenues exist for renters to seek help.

Your Rights When the Elevator Fails

What Must Landlords Do?

• Address elevator outages promptly and keep tenants informed about repair timelines.
• Provide reasonable accommodations for tenants with mobility impairments, such as relocation to an accessible unit if feasible, or help accessing essential services.
• Maintain compliance with building safety and accessibility codes as required by New Hampshire’s Building Code.

Tenants who face repeated or prolonged elevator outages may have additional options to withhold rent, break their lease, or request alternative accommodations if their health or safety is at risk. However, these actions require proper documentation and notice.

Documentation and Communication

Keep detailed records whenever the elevator is out of service:

• Date and time of any outages
• All written notices or communications with your landlord or property manager
• Any hardship or impact (for example, being unable to leave your apartment)

How to Formally Request Repairs or Disability Accommodation

Under New Hampshire law, it’s important for tenants to give written notice to their landlord about the elevator issue and, if relevant, request any specific disability-related accommodations. If your landlord is unresponsive or refuses to address the problem:

• You may file a complaint with the New Hampshire Housing Appeals Board (NH HAB) or request help from the NH Department of Justice Civil Rights Unit if you believe your rights under the Fair Housing Act are being violated.
• For accessibility accommodation requests, use the NH Reasonable Accommodation Request Form (see below).

Official Forms for Renters

• Reasonable Accommodation Request Form (NH Housing):
  Use this form to ask your landlord in writing for a specific accommodation related to your disability, such as temporary relocation or extra assistance during elevator outages.
  Download the NH Reasonable Accommodation Request Form (PDF)
• Complaint Form - NH Department of Justice Civil Rights Unit:
  File this if you believe your landlord has discriminated by failing to provide required repairs or accessibility as a result of the outage.
  Housing Discrimination Complaint Form (PDF)

Practical example: If your building’s elevator is inoperable and you use a wheelchair, fill out the Reasonable Accommodation Request Form and deliver it to your landlord. Keep a copy for yourself and consider also submitting a complaint to the Civil Rights Unit if there’s no timely response.

Action Steps If an Elevator Outage Occurs

• Notify your landlord or property manager immediately in writing.
• Request emergency repairs and, if applicable, a reasonable accommodation.
• Document all communications; keep records of inconvenience, injury, or extra costs.
• If not resolved, submit the relevant official forms (see above) and contact state resources for help.

Prompt, clear action helps protect your rights as a tenant in New Hampshire.

Frequently Asked Questions about Elevator Outages and Renter Rights

1. Do landlords have to provide alternative accommodations if the elevator is out?
   Landlords are legally required to provide reasonable accommodations for tenants with disabilities. This might include offering a lower-floor unit (if available) or arranging assistance during the outage.
2. Can I withhold rent if the elevator is out in my building?
   Tenants may withhold rent only under certain circumstances and after giving written notice, as allowed by New Hampshire law. Always consult official guidance or legal aid before withholding rent.^[1]
3. Is there an official board to help me resolve elevator outage disputes in New Hampshire?
   Yes, the New Hampshire Housing Appeals Board (NH HAB) handles residential tenancy disputes, including issues around building maintenance and essential services.
4. What can I do if my landlord does not respond to repeated elevator problems?
   If your landlord fails to respond after being notified in writing, you may file a formal complaint with the Civil Rights Unit or NH HAB and seek further assistance using official forms and resources above.
5. How do I document accessibility barriers caused by elevator outages?
   Keep records of the outage dates, communications, and any impact (missed work, health risks, inability to access services). Use these records if you file a formal accommodation request or complaint.

Conclusion: Key Takeaways for New Hampshire Renters

• Elevators in high-rise rentals are an essential service; landlords must ensure they are safe and functional.
• Tenants with disabilities have additional protections and can request reasonable accommodations if an outage occurs.
• Use official forms and state resources, such as the New Hampshire Housing Appeals Board, to seek help if issues aren’t resolved quickly.

Staying informed about your rights and following the right steps helps you live safely and fairly in your home.

Need Help? Resources for Renters

• New Hampshire Housing Appeals Board (NH HAB) - Main tribunal for tenancy issues, complaints, and dispute resolution.
• New Hampshire Housing Finance Authority (NHHFA) - Tenant resources, rental assistance, and guidance on accommodations.
• NH Department of Justice Civil Rights Unit - Housing discrimination investigations and Fair Housing Act support.
• NHHFA Tenant Resources - Forms and state-approved guidance for renters.

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1. New Hampshire RSA 540-A: Prohibited Practices in Rental Housing
2. Federal Fair Housing Act (HUD/DOJ)
3. Americans with Disabilities Act (ADA)
4. New Hampshire Housing Appeals Board (NH HAB)

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