New Hampshire Rental Occupancy Standards: Your Fair Housing Rights

Understanding how many people can live in a rental unit is essential for New Hampshire renters. State and federal Fair Housing laws limit how landlords set occupancy standards, ensuring rules are reasonable and not used to discriminate. This article breaks down New Hampshire’s occupancy standards, rights under the law, and steps to take if you feel those rights have been violated.

What Are Reasonable Occupancy Standards?

Occupancy standards are guidelines that state how many people can legally live in a rental home or apartment. In New Hampshire, landlords may set occupancy limits, but these must be reasonable, clearly stated, and in line with federal Fair Housing laws.

• Fair Housing Act: Federal law prohibits occupancy rules that unfairly discriminate based on family status (such as the number of children in a household).
• New Hampshire does not set a specific statewide numerical standard. Instead, the U.S. Department of Housing and Urban Development (HUD) recommends the "two-person-per-bedroom" rule as a general guideline.
• Landlords should also consider factors like the size of bedrooms and unit, overall layout, and local building or health codes.

This approach helps ensure fair treatment for families and prevents hidden discrimination.

Common Examples of Unreasonable Occupancy Limits

Landlords cannot have policies that:

• Limit children or deny tenants with children based on occupancy limits alone
• Impose stricter standards than local codes without considering all legal factors

Relevant New Hampshire Legislation

New Hampshire renters are protected under both state and federal law against unreasonable occupancy restrictions. Specifically, the New Hampshire Law Against Discrimination (RSA 354-A:10) covers housing discrimination, and the federal Fair Housing Act applies throughout the state.^[1][2]

While local municipal codes may include additional standards, these must not conflict with state or federal protections.

Who Handles Occupancy Complaints in New Hampshire?

The main body for tenant-landlord issues and fair housing complaints in New Hampshire is the New Hampshire Commission for Human Rights. This agency investigates housing discrimination based on occupancy standards or familial status.

How to Take Action If You Face Unreasonable Occupancy Limits

If you believe your landlord’s occupancy policy is unfair or discriminatory, you have the right to file a complaint. The New Hampshire Commission for Human Rights provides a clear process for renters who feel their fair housing rights have been violated.

Official Form: Housing Discrimination Complaint

• Form Name: Housing Complaint Form (No specific form number)
• When & How to Use: Use this form if your landlord refuses to rent based on unreasonable occupancy limits or family status. For example, a parent denied a two-bedroom apartment for themselves and two children can file.
• Where to Find: NH Commission for Human Rights housing complaint form

Submit your complaint online, by mail, or in person following the Commission’s instructions. They will investigate and, if necessary, mediate or take further action.

Tip: Document all landlord communications, occupancy policies, and any written notices you receive. Keep copies for your records when filing a complaint.

Your Rights as a Renter

It is unlawful for a landlord to refuse to rent, evict, or treat you differently because you have children or because of your family size—unless truly required by health or safety codes. If you are denied housing or threatened because of how many people live with you, you may have grounds for a complaint.

• HUD Guidance on Occupancy Standards offers in-depth information for renters.
• Ask your landlord which occupancy standard they use and request a written copy.

If a landlord's occupancy policy seems suspiciously strict or you believe it is used to discriminate, don't hesitate to reach out to the New Hampshire Commission for Human Rights.

Frequently Asked Questions

1. How many people can live in a rental unit in New Hampshire?
   New Hampshire does not set a minimum or maximum by law. Most landlords follow HUD’s "two-person per bedroom" guideline, but local codes and individual unit size may apply.
2. Can my landlord set stricter occupancy limits than HUD suggests?
   Landlords must have a valid, nondiscriminatory reason supported by local code or legitimate health/safety concerns. Arbitrary or unusually strict policies may be considered discrimination.
3. What should I do if I think my landlord's policy is discriminatory?
   File a Housing Complaint Form with the New Hampshire Commission for Human Rights. Gather documentation like emails or letters as evidence.
4. Are there exceptions for very small units or efficiency apartments?
   Local health and safety codes may restrict occupancy in studio or small apartments for genuine safety reasons. Your landlord should reference any such rule from municipal ordinances.
5. Will filing a complaint protect me from retaliation?
   It is illegal in New Hampshire for a landlord to retaliate against a tenant for exercising fair housing rights or filing a complaint. If retaliation occurs, report it immediately to the Commission.

Conclusion: Key Takeaways

• Landlords in New Hampshire must follow fair and reasonable occupancy standards that do not discriminate based on family status.
• If you believe an occupancy limit is unfair, you can file a complaint with the NH Commission for Human Rights using their housing complaint form.
• Document your situation and seek help from state agencies if needed. Your rights are protected by both state and federal law.

Need Help? Resources for Renters

• New Hampshire Commission for Human Rights – File discrimination complaints and access official forms
• NH Department of Justice: Civil Rights Unit – State legal guidance and tenant support
• NH Law Against Discrimination (RSA 354-A:10) – Read the official statute
• HUD: How to File a Fair Housing Complaint – Federal guidelines and process overview

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1. NH Law Against Discrimination, RSA 354-A:10
2. Federal Fair Housing Act
3. New Hampshire Commission for Human Rights – Residential Complaints
4. HUD Occupancy Standards Guidance

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