NH Renters: Service Animals vs. Emotional Support Animals

Understanding the difference between service animals and emotional support animals (ESAs) is essential for renters in New Hampshire seeking fair housing accommodations. With strong state and federal protections in place, knowing how these laws apply can make navigating rental issues—like pet restrictions or reasonable accommodation requests—less stressful and more successful.

What Are Service Animals and Emotional Support Animals?

New Hampshire renters are protected by both state anti-discrimination laws and the federal Fair Housing Act when it comes to animals that assist individuals with disabilities.

• Service Animal: Trained to do specific tasks relating to a person’s disability (like guiding someone with vision loss). Covered under the Americans with Disabilities Act (ADA).
• Emotional Support Animal (ESA): Provides comfort for individuals with a disability but is not required to be trained. Covered only under housing (not ADA) rules.

While service animals usually mean dogs (occasionally miniature horses), ESAs can be various species. The crucial difference is training versus emotional comfort.

Legal Rights for Renters in New Hampshire

Under the New Hampshire Law Against Discrimination and the federal Fair Housing Act, it is illegal for most landlords to refuse reasonable accommodation for service animals or ESAs—even in "no pets" properties.

Key Tenant Rights Include:

• You cannot be charged pet rent or deposits for a service animal or ESA.
• Landlords may request reliable documentation of your need for the animal (especially for ESAs).
• You are responsible for any damages caused by your animal.

Service animals do not require documentation of training. ESAs may require a letter from a qualified health professional.

How to Request a Reasonable Accommodation

If you need a service animal or ESA in your rental unit, you must request a "reasonable accommodation." This process protects you from discrimination and eviction related to your animal.

• Written Request: Submit a letter to your landlord, stating your disability-related need for the animal. Attach a doctor’s note for ESAs.
• Forms: There is no required state form, but you may use the HUD Reasonable Accommodation Request as a template.

If your landlord denies your request or retaliates against you, you may file a discrimination complaint.

How to File a Discrimination Complaint

• New Hampshire Commission for Human Rights: Form P-2 – Use this form if you believe your rights as a renter with a disability have been violated.
  Download the P-2 Housing Discrimination Complaint Form
• When and How? – File as soon as possible after the incident. Complete the form, attach evidence (letters, emails, documentation), and submit by mail or in person to the Commission. For example, if your ESA request is denied, file Form P-2 to begin the investigation process.

You can also file directly with the federal HUD Office of Fair Housing if preferred.

Which Tribunal Handles Tenancy Issues in New Hampshire?

Disputes related to rental discrimination or accommodation requests are handled by the New Hampshire Commission for Human Rights. They enforce fair housing laws and adjudicate complaints for renters statewide.

Relevant Legislation for NH Renters

• NH Law Against Discrimination (RSA 354-A)
• Federal Fair Housing Act Regulations (24 CFR Part 100)

The above resources offer the foundation for your rights as a renter requiring an animal for disability accommodation.

FAQ: New Hampshire Renters and Assistance Animals

1. Can a landlord reject my assistance animal in New Hampshire?
   Generally, landlords cannot refuse a service animal or emotional support animal if you meet the requirements and provide documentation for your disability.
2. What kind of proof do I need for an emotional support animal?
   You should provide a letter from a licensed healthcare professional confirming your need for the ESA as a disability-related accommodation.
3. Does New Hampshire charge pet fees for service or emotional support animals?
   No, landlords cannot charge pet fees, deposits, or extra rent for legitimate service animals or ESAs under state and federal law.
4. Are there exceptions where a landlord can deny my request?
   Yes, landlords may refuse if the animal poses a direct threat to others or would cause substantial property damage not mitigated by reasonable measures.
5. Where can I file a complaint if my request is denied?
   You can file with the NH Commission for Human Rights or the federal HUD Office of Fair Housing.

Conclusion: Key Takeaways for NH Renters

• Service animals and ESAs are protected in New Hampshire rental housing under state and federal law.
• Landlords cannot charge pet fees or discriminate against renters needing these animals for disability accommodations.
• If your request is denied, file a written complaint using official forms for legal protection.

Understanding your rights can help you confidently navigate the accommodation request process and prevent unwarranted denials.

Need Help? Resources for Renters

• New Hampshire Commission for Human Rights – Taking discrimination complaints, offering mediation and investigation.
• NH Housing Finance Authority – Tenant Resources
• New Hampshire Legal Aid – Free or low-cost legal help for renters.
• HUD Fair Housing Information

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1. NH Law Against Discrimination, RSA 354-A
2. 24 CFR Part 100 – Fair Housing Act Regulations
3. NH Commission for Human Rights – State Laws
4. NH Form P-2 Housing Discrimination Complaint
5. HUD Office of Fair Housing

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