Filing a Disability Discrimination Claim as a New Hampshire Renter

If you are a renter in New Hampshire and believe you have been treated unfairly because of a disability, you have legal rights and options to address discrimination. This guide explains, in clear language, the process for filing a disability discrimination claim so you can take action with confidence.

Understanding Disability Rights for Renters in New Hampshire

State and federal laws protect renters from disability discrimination. Landlords must provide reasonable accommodations for tenants with disabilities and cannot refuse to rent, evict, or treat them differently solely due to a disability.

• Reasonable accommodations: Changes to rules, policies, or services so people with disabilities have equal housing opportunities.
• Reasonable modifications: Physical changes to the property (e.g., installing grab bars), at the tenant's cost unless federally funded housing is involved.

The main laws are the New Hampshire Law Against Discrimination and the federal Fair Housing Act.¹

Common Examples of Disability Discrimination

• Being denied a rental application because of a visible or disclosed disability
• Refusal to allow a service animal or emotional support animal
• Failure to make reasonable accommodations (like a reserved parking space closer to the unit)
• Eviction or harassment based on your disability

If you experience any of these, you may wish to file a complaint with the state.

How to File a Disability Discrimination Claim in New Hampshire

The New Hampshire Commission for Human Rights (NHCHR) is the agency that handles housing discrimination claims, including those based on disability.²

Step-by-Step: Filing a Housing Discrimination Complaint

You should file as soon as possible—there are strict deadlines. In New Hampshire, the complaint must be filed within 180 days of the alleged discrimination.

• Gather any documents (emails, letters, lease, medical notes, photos, witness statements) that show what happened.
• Complete the Housing Discrimination Intake Questionnaire (NHCHR Form).
• Submit the completed form directly to the NHCHR by mail, fax, or in person. Their contact info is on the form.
• After review, the NHCHR will instruct you if more details or signatures are required. Sometimes a formal complaint form is the next step.
• Alternatively, you can file with the U.S. Department of Housing and Urban Development (HUD).

Official Forms and How They're Used

• Housing Discrimination Intake Questionnaire (NHCHR):
  • When to use: If you believe you have faced discrimination based on disability as a renter in New Hampshire.
  • How it helps: Starts the official process with NHCHR. You describe your experience and submit evidence so the agency can evaluate your case.
  • View and download the NHCHR Housing Discrimination Intake Questionnaire

Filing a complaint is your important first step to seek investigation and resolution. You can still seek mediation, legal advice, or file in court as other options.

Your Rights Under the Law

In New Hampshire, primary renter protections come from:

• New Hampshire RSA Chapter 540 – Residential Landlord and Tenant Act
• New Hampshire Law Against Discrimination (RSA 354-A)

Both offer protection against discrimination and outline rights related to leases, eviction, and accommodations.³

What Happens After You File?

After submission, the NHCHR will:

• Screen your case for jurisdiction
• May interview you or request more documents
• Notify your landlord and ask for their response
• Investigate the claim, possibly offering mediation
• Determine if discrimination likely occurred and issue a decision

If your case is found valid, remedies may include changes in policy, reasonable accommodations, damages, or other fair solutions.

FAQ: Disability Discrimination for New Hampshire Renters

1. What qualifies as a disability under housing law?
   A disability generally includes any physical or mental impairment that substantially limits one or more major life activities, even if not visible.
2. Can my landlord charge extra for my service animal?
   No. Landlords may not charge extra pet fees for service animals or emotional support animals needed for a documented disability.
3. How long does the NHCHR complaint process take?
   Processing times vary, but initial review and investigation may take a few months. More complex cases may take longer.
4. Do I need a lawyer to file a disability housing complaint?
   No lawyer is required to file with NHCHR or HUD, but legal aid or fair housing organizations can offer helpful support.
5. Is there a time limit to file a discrimination claim?
   Yes, you must file with the NHCHR within 180 days of the incident in New Hampshire.

Key Takeaways for Renters

• New Hampshire renters have strong legal protections against disability discrimination.
• File with the NHCHR within 180 days using the official intake form for housing complaints.
• Document everything and seek support—many free resources are available to guide you through the process.

Need Help? Resources for Renters

• New Hampshire Commission for Human Rights (NHCHR) – Official board for housing discrimination claims
• New Hampshire Legal Aid Resources – Free legal help for renters
• HUD Fair Housing Complaint Process
• NH RSA Chapter 540 – Residential Landlord and Tenant Act

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1. NH Law Against Discrimination, RSA 354-A; HUD Fair Housing Act Overview
2. NH Commission for Human Rights (NHCHR)
3. NH RSA Chapter 540 – Residential Landlord and Tenant

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