Familial Status Discrimination: Your Tenant Rights in NH

Every renter in New Hampshire deserves a fair opportunity to secure and keep safe housing for their family, regardless of their household makeup. Under state and federal fair housing laws, familial status discrimination is strictly prohibited. This means landlords cannot refuse to rent, impose different conditions, or harass tenants because they have children under 18, are pregnant, or are securing custody of a child.

What Is Familial Status Discrimination?

Familial status is a protected category under both federal Fair Housing Act and the New Hampshire Law Against Discrimination (RSA 354-A)^[1][2]. It protects:

• Families with one or more children under 18 living with them
• Pregnant women
• Individuals securing custody of children under 18

Landlords cannot treat you differently or deny you a rental because you have—or will soon have—children living with you.

Examples of Discrimination Against Families

• Refusing to lease an apartment to families with kids
• Charging higher rent or security deposits for households with children
• Imposing different building rules that only apply to families with kids (like limiting access to shared facilities)
• Steering families with children to specific units or floors

If you encounter any of these behaviors, you may have grounds to file a discrimination complaint.

Your Rights Under New Hampshire Law

The New Hampshire Law Against Discrimination, RSA 354-A:8 makes it illegal for landlords, property managers, or real estate agents to discriminate based on familial status. Housing providers must treat all applicants and tenants equally, except in very limited exemptions for certain owner-occupied buildings^[2].

Where to File a Housing Discrimination Complaint

The New Hampshire Human Rights Commission (NH HRC) is the main state agency responsible for handling discrimination cases in housing. You can file both state and federal discrimination complaints through NH HRC. Alternatively, you can file directly with the U.S. Department of Housing and Urban Development (HUD).

Official Forms: How to File a Complaint

• NH Human Rights Commission Housing Charge Questionnaire
  • Name/Number: Housing Charge Questionnaire
  • Use: Required to begin the complaint process with NH HRC if you believe you've experienced discrimination in rental housing.
  • Example: If your landlord denies your application because you have children, fill out this form to start an investigation.
  • Download the Housing Charge Questionnaire from NH HRC
• HUD Form 903 Online Complaint
  • Name/Number: HUD Form 903
  • Use: Used for filing a housing discrimination complaint with HUD for violations of federal law.
  • Example: If you want to file your complaint at the federal level, use this online or printable form.
  • Submit or download HUD Form 903 Online

What Happens After You File?

After you submit your complaint, the New Hampshire Human Rights Commission will investigate your claim and may mediate between you and the landlord. If mediation fails, your case could proceed to a hearing. Remedies may include ordering the landlord to stop discriminatory practices or compensation for losses.

Protecting Yourself from Retaliation

Both federal and New Hampshire law protect you from retaliation. This means your landlord cannot evict, harass, or otherwise punish you for reporting familial status discrimination or exercising your fair housing rights.

Relevant Legislation and Tribunal

• New Hampshire Law Against Discrimination (RSA 354-A)
• Federal Fair Housing Act
• New Hampshire Human Rights Commission (NH HRC) — The official tribunal for residential tenancy discrimination cases

FAQ

1. What is familial status discrimination in New Hampshire?
   It is illegal treatment by landlords or property managers against people because they have children under 18, are pregnant, or are gaining custody of a child.
2. Is my landlord allowed to charge me more because I have children living with me?
   No, charging higher rent or fees because of children is prohibited under state and federal law.
3. How do I start a housing discrimination complaint in New Hampshire?
   Complete the NH Human Rights Commission's Housing Charge Questionnaire, available online, or submit HUD Form 903 if you prefer federal review.
4. Will my landlord know I've filed a complaint?
   Yes, the landlord will be notified as part of the investigation process, but retaliation against you is unlawful.
5. Are there buildings where familial status protections don't apply?
   Some owner-occupied four-unit or smaller buildings may be exempt, but most rental properties are covered by these laws.

Conclusion: What Renters Should Remember

• Familial status discrimination is illegal in most New Hampshire rentals—families have strong protections under state and federal law.
• If you believe your rights have been violated, several official channels are available—using the appropriate forms starts the process.
• Help is available: contact the NH Human Rights Commission for free support, and remember retaliation for asserting your rights is also prohibited.

Knowing your rights empowers you to seek fair treatment and secure safe housing for your family.

Need Help? Resources for Renters

• New Hampshire Human Rights Commission – Housing Discrimination Complaints
• New Hampshire Housing Finance Authority – Renter Resources
• HUD – Fair Housing and Equal Opportunity
• View the New Hampshire Law Against Discrimination (RSA 354-A)

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1. U.S. Department of Justice – Fair Housing Act
2. New Hampshire Law Against Discrimination (RSA 354-A)

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