New Hampshire Rules for Agricultural Worker Housing

If you are a renter working in New Hampshire’s farming sector, it’s important to understand the special regulations for agricultural worker housing. These rules provide important protections for safe, sanitary, and fair accommodation, regardless of whether housing is on-site or off-farm. Knowing your rights can help you navigate issues with maintenance, rent, and eviction, or raise concerns about unsafe living conditions.

What Qualifies as Agricultural Worker Housing?

In New Hampshire, agricultural worker housing (also called migrant labor housing) includes any facility or building provided by an employer or operator for workers who are employed in planting, cultivating, or harvesting crops. This covers:

• Housing on the farm or orchard property
• Sites located off-farm but exclusively for agricultural workers
• Temporary or seasonal worker accommodations

These accommodations must meet health and safety standards outlined by the New Hampshire Department of Health and Human Services (NH DHHS).

Legal Protections and Minimum Standards

Under New Hampshire RSA 147-A:1, agricultural worker housing must be safe, adequately ventilated, have sufficient beds and bathing facilities, and provide potable water and toilet access. Key standards include:

• Annual inspection and licensing are required for each housing site
• All structures must be free from hazards and kept in good repair
• Operators must supply basic sanitation, sufficient space (at least 50 square feet per occupant), and clean facilities
• Post-employment occupancy rights and specific move-out timelines for seasonal housing

If you feel your housing is unsafe or does not meet these criteria, you have the right to report concerns to the authorities.

How to File a Complaint or Request an Inspection

The New Hampshire Department of Health and Human Services (NH DHHS) oversees agricultural worker housing regulations and complaints. If you experience unsafe conditions—such as overcrowding, broken plumbing, pest infestations, or unsafe structures—you can file a complaint. The main tribunal for residential tenancy matters in New Hampshire is the local District Division of the Circuit Court.

Official Form: Complaint Regarding Migrant Housing

• Form Name: Migrant Labor Housing Complaint Form
• When to Use: File if you experience unsafe or unsanitary housing conditions in agricultural worker accommodations.
• How to Use: Complete the form and submit it to the NH DHHS's Food Protection Section. Example: If you have no heat or clean water, fill out this form to request an inspection and action.
• Download the Migrant Labor Housing Complaint Form (PDF)

After you file, an inspector may visit the property to assess the issue and order necessary corrections.

Annual Licensing and Housing Certificate

• Form Name: Application for Migrant Labor Housing License
• When to Use: If the operator/landlord has not renewed the license for your housing—required annually by law—workers can request to view the license or file a complaint if it is missing.
• View the Application for Migrant Labor Housing License (PDF)
• Owners/managers must post the license; as a renter, you have the right to see it.

Eviction, Rent, and Post-Season Protections

Agricultural worker housing in New Hampshire is unique, as most units are considered "seasonal"—provided only for the work period. Post-season, landlords must provide reasonable notice before requiring tenants to leave. If you believe you are being unfairly evicted or treated, you may bring your case to the District Division of the Circuit Court for review under state tenant protections.

General tenant rights are covered under New Hampshire RSA Chapter 48-A: Landlord and Tenant. These provide for:

• Minimum notice periods for eviction
• Rules for security deposits
• Basic habitability protections

Your Rights and How to Take Action

Understanding your rights—and knowing how to act—can help you resolve many agricultural worker housing issues. Here’s how you can protect yourself:

• Ask to see the current housing license posted by your landlord/owner
• Use the official complaint form to report unsafe or unsanitary conditions
• Keep written records of communication with landlords and authorities
• If facing eviction, request written notice and seek guidance from local courts

Most issues can be resolved with official inspections and corrective orders, but you can always speak confidentially to a state housing official if you are unsure.

FAQ: New Hampshire Agricultural Worker Housing

1. Are agricultural workers protected by New Hampshire tenant laws?
   Yes. Agricultural worker housing must meet state health and safety standards, and workers have rights to safe, habitable, and licensed accommodation. Some exceptions apply for truly seasonal housing—check New Hampshire RSA 147-A and RSA 48-A.
2. How do I report unsafe housing conditions?
   File the Migrant Labor Housing Complaint Form with NH DHHS. An inspector will review your complaint and may order necessary corrections.
3. Does my landlord have to show me a license for agricultural worker housing?
   Yes. By law, all agricultural worker housing operators must hold a valid annual license, which must be posted for workers to view upon request.
4. Can I be evicted from agricultural worker housing without notice?
   No. You are entitled to reasonable notice before being asked to leave—especially if the housing is provided under your employment agreement. If you feel rushed or treated unfairly, contact the court or legal aid.
5. Where can I get more help as an agricultural worker renter?
   NH DHHS, local Circuit Courts, and legal services organizations can answer questions and help resolve disputes.

Conclusion: Key Takeaways for Agricultural Worker Renters

• All agricultural worker housing in New Hampshire must be licensed and inspected annually.
• Unsafe conditions can be reported directly with the official complaint form.
• Tenants have rights to fair notice, habitability, and legal recourse through NH courts.

Staying informed and using available state resources can help you live and work more safely throughout the agricultural season.

Need Help? Resources for Renters

• New Hampshire DHHS: Migrant Labor Housing Program
• NH Circuit Court District Division - Tenant/Landlord Issues
• New Hampshire Legal Aid – Housing Help
• NH RSA 147-A: Migrant Housing Laws
• NH RSA 48-A: General Landlord-Tenant Law

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1. New Hampshire RSA 147-A: Migrant Housing
2. New Hampshire DHHS: Migrant Labor Housing Program
3. New Hampshire RSA 48-A: Landlord and Tenant
4. NH Circuit Court District Division

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