Illegal Rental Advertisement Language in New Hampshire

When searching for an apartment or rental home in New Hampshire, it's important to know that landlords and property managers must follow clear legal rules about what they can—and cannot—say in advertisements. These laws are designed to protect renters from discrimination and make sure everyone has equal access to housing.

Understanding Fair Housing and Discrimination in Rental Ads

New Hampshire's laws—and the federal Fair Housing Act—make it illegal for landlords to use language in rental listings that shows preference, limitation, or discrimination based on certain characteristics.

Protected Classes Under New Hampshire Law

Landlords and property managers cannot deny housing or use discriminatory language in advertising based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity)
• Disability
• Familial status (families with children)
• Age
• Marital status
• Sexual orientation

These protections are outlined by the New Hampshire Law Against Discrimination and the federal Fair Housing Act.^[1][2]

What Language Is Illegal in New Hampshire Rental Advertising?

Any words or phrases in advertisements that indicate a preference or limitation based on a protected class are illegal. This applies whether the ad is online, in newspapers, flyers, or posted signs.

Examples of Illegal Advertising Language

• "No children" (Familial status discrimination)
• "Whites only," "Christian family preferred," or "English speakers only"
• "No pets" if you have a service animal (Disability discrimination)
• "Ideal for single professionals only" (Could be familial status or marital status discrimination)
• "Mature adults preferred" (Could be age discrimination)

Landlords should focus on describing the property features (such as "quiet building" or "near downtown") rather than the type of tenants they want.

What Language Is Permitted?

It is permitted to describe the property size, amenities, rent, or pet policies (as long as they do not violate rights of people with disabilities). For example:

• "2-bedroom, 1-bath near shopping"
• "No smoking"
• "Cats allowed with deposit"

How to Report Discriminatory Rental Advertising

If you believe a rental ad violates anti-discrimination laws, you have the right to file a complaint. This process is free, confidential, and could help stop unfair housing practices.

File with the New Hampshire Human Rights Commission

• Official Tribunal: New Hampshire Human Rights Commission
• Relevant Form: Charge of Discrimination Form (No. HRC-01)

How it's used: Use this form to officially start a discrimination complaint if you've experienced or seen illegal language in rental ads. Example: If you see an ad that says "No children," you can fill out this form and submit it to the Commission for investigation. The form and instructions are found directly on the New Hampshire HRC website.

Federal Option: File with HUD

• HUD Fair Housing Discrimination Complaint Form

This form can be used by renters nationwide who believe their federal fair housing rights were violated. The process is similar, and HUD will investigate the complaint directly or refer it to the relevant state agency.

Relevant Legislation for Renters

The main laws protecting New Hampshire renters from discriminatory ads are:

• New Hampshire Law Against Discrimination (NH RSA 354-A)
• Federal Fair Housing Act

If you believe your rights were violated, these are the laws the Human Rights Commission or HUD will use to investigate your case.

FAQ: Rental Ad Discrimination in New Hampshire

1. What should I do if I see a discriminatory rental ad?
   If you see an ad that appears to discriminate against a protected group (such as "no children" or "Christians only"), document the ad (screenshot, save a copy) and file a complaint with the New Hampshire Human Rights Commission or HUD.
2. Are all preferences in ads illegal?
   Only preferences based on protected characteristics—like race, religion, disability, familial status, etc.—are illegal. Saying "second-floor unit" or "no smoking" is permitted, but "adults only" is not.
3. How do I file a discrimination complaint in New Hampshire?
   Complete the New Hampshire HRC complaint form (HRC-01) and submit it online or by mail. You can also call (603) 271-2767 for assistance.
4. What can happen if a landlord posts a discriminatory ad?
   The Human Rights Commission can investigate, require the landlord to remove the ad, and even order compensation or penalties in some cases if discrimination is proven.
5. Can I be denied for having a service animal if the ad says "no pets"?
   No, "no pets" policies do not apply to service or assistance animals for people with disabilities. This would be considered disability discrimination under state and federal law.

Key Takeaways for New Hampshire Renters

• It is illegal for rental ads in New Hampshire to indicate preference, limitation, or discrimination based on race, color, religion, sex, disability, family status, and other protected classes.
• If you see or experience discrimination in rental advertising, you have the right to report it to the New Hampshire Human Rights Commission or HUD using official complaint forms.
• Describing the property is fine—describing the “ideal” tenant is not.

Need Help? Resources for Renters

• New Hampshire Human Rights Commission – File discrimination complaints or ask questions (Phone: 603-271-2767)
• New Hampshire Housing Finance Authority – General rental assistance and rights information
• HUD Office of Fair Housing and Equal Opportunity – Federal fair housing support and complaint forms
• NH Department of Justice: Civil Rights Unit

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1. New Hampshire Law Against Discrimination (RSA 354-A)
2. Federal Fair Housing Act Overview
3. New Hampshire Human Rights Commission
4. Complaint Forms and Process – NH HRC
5. HUD Fair Housing Complaint Process

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