LGBTQ+ Fair Housing Protections for New Hampshire Renters

As a renter in New Hampshire, it’s important to understand your legal rights and protections—especially when it comes to discrimination based on sexual orientation, gender identity, or gender expression. New Hampshire law and federal rules provide fair housing protections for LGBTQ+ tenants, ensuring everyone has equal access to housing opportunities.

Key Protections Against Housing Discrimination

Both federal and New Hampshire state laws make it illegal for landlords to discriminate against renters or applicants because of their sexual orientation or gender identity. This includes:

• Refusing to rent or renew a lease
• Setting different terms or conditions for LGBTQ+ tenants
• Denying services, repairs, or amenities
• Harassment or intimidation based on identity

The New Hampshire Law Against Discrimination (RSA 354-A) explicitly includes protections based on sexual orientation and gender identity. These rights apply in most rental situations, including apartments, houses, mobile homes, and even publicly assisted housing.^[1]

Who Enforces Housing Protections in New Hampshire?

If you have concerns about discrimination, the New Hampshire Human Rights Commission (HRC) is the official state agency that investigates housing discrimination complaints. Federally, the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (HUD FHEO) also plays an enforcement role.

What Does Discrimination Look Like?

Discrimination can be direct or subtle. Examples may include:

• A landlord refusing to rent to a same-sex couple
• Misgendering or harassing a trans tenant
• Retaliating against tenants who assert their rights

Even advertising that states a preference or limitation for tenancy by sexual orientation or gender identity is prohibited under the law.

How to File a Housing Discrimination Complaint

If you believe you’ve faced discrimination, you have strong legal options. In New Hampshire, tenants may file with either the state or federal agency—whichever is most comfortable or timely. Here’s how you can proceed:

Filing with the New Hampshire Human Rights Commission

• Form Name: Housing Discrimination Complaint Form
• Access the official complaint form here (see 'Housing Discrimination,' PDF download)
• When to Use: If you have experienced discrimination by a housing provider related to your LGBTQ+ status in New Hampshire.
• Example: A landlord denied your rental application and made comments about your gender identity. You can fill out the form, describe the incident, and submit it to the Commission for investigation.

You will be asked to provide basic information, describe the discriminatory action, and submit any supporting documentation.

Filing with HUD (Federal Agency)

• Form Name: HUD Form 903 Online Complaint
• File a federal fair housing complaint online here
• When to Use: If your discrimination case may have federal implications or if you would prefer a federal investigation.
• Example: If discrimination happened at a property managed by a large company operating in multiple states, or on public housing, HUD can investigate.

Complaints must generally be filed within 180 days (about 6 months) of the incident, so filing promptly is important.

Your Rights Under New Hampshire Law

The New Hampshire Law Against Discrimination covers:

• Rental housing (apartments, single-family homes for rent, etc.)
• Most housing advertisements and application processes
• Terms, conditions, and privileges of tenancy

Certain limited exemptions exist (for example, some owner-occupied rentals with fewer than three units), but most tenants are fully protected.^[2]

Federal Fair Housing Act

Federal protections under the Fair Housing Act also extend to LGBTQ+ renters, as clarified in recent HUD interpretations and Supreme Court precedent.

What to Expect After Filing a Complaint

Both the HRC and HUD will:

• Review your complaint to confirm it’s covered by fair housing laws
• Launch an investigation, which may include contacting witnesses, reviewing documents, and interviewing the landlord
• Attempt to resolve the matter through conciliation, or if necessary, issue a finding and possibly impose penalties or order corrective action

Complaints filed with the HRC are typically handled without the need for an attorney, though you may seek representation if you wish.

Act quickly: There are strict time limits for filing complaints, so gather any documentation and seek advice as soon as you believe discrimination has occurred.

FAQ: LGBTQ+ Housing Protections in New Hampshire

1. What should I do if my landlord discriminates against me for being LGBTQ+?
   Document the incident, save any communications, and file a complaint with the New Hampshire Human Rights Commission or HUD. You’re protected by state and federal law.
2. Can a landlord refuse to rent to a same-sex couple or transgender person in New Hampshire?
   No. State and federal fair housing laws make it illegal to discriminate based on sexual orientation or gender identity.
3. Is there a cost to file a discrimination complaint?
   No. Filing a housing discrimination complaint with the HRC or HUD is free.
4. Will my landlord know I made the complaint?
   During the investigation, the landlord will be contacted, but retaliation for filing is strictly prohibited by law.
5. Can I get help if English is not my first language?
   Yes. The Human Rights Commission and HUD offer language assistance upon request.

Conclusion: Understanding Your Rights as an LGBTQ+ Renter

To sum up, LGBTQ+ renters in New Hampshire are legally protected from discrimination by both state and federal laws. If you face discrimination:

• You can file a complaint with the New Hampshire Human Rights Commission or HUD
• You are protected from retaliation
• Support and assistance are available at no cost

Knowing your rights enables you to identify unlawful behavior and take action if needed.

Need Help? Resources for Renters

• New Hampshire Human Rights Commission – File housing discrimination complaints, get information, or call for support
• New Hampshire Housing Finance Authority Tenant Resources – Education, links, and rental assistance options
• HUD Office of Fair Housing and Equal Opportunity – National guidance and complaint process
• NH Circuit Court – District Division – Handles landlord-tenant disputes

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1. New Hampshire Law Against Discrimination, RSA 354-A. See current text.
2. New Hampshire Human Rights Commission – Official agency website.
3. U.S. Department of Housing and Urban Development – Fair Housing resources.
4. NH Circuit Court – District Division, landlord-tenant disputes information.

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