Protected Classes in NH Fair Housing: What Renters Need to Know

Understanding your rights as a renter is essential, especially when it comes to discrimination. In New Hampshire, specific laws forbid unfair treatment in housing based on certain protected characteristics. This guide explains which groups are protected, how the law is enforced, and what steps you can take if you believe you've faced housing discrimination.

What Are 'Protected Classes' Under New Hampshire Law?

"Protected classes" are groups of people covered by anti-discrimination laws, meaning it's illegal for landlords, real estate agents, or housing providers to treat someone unfairly because they belong to any of these groups.

• Race
• Color
• National Origin
• Ancestry
• Religion
• Sex (including sexual harassment, gender identity, and gender expression)
• Familial Status (having children under 18, pregnancy, adopting a child)
• Disability
• Age
• Marital Status
• Sexual Orientation

These protections are provided by the New Hampshire Law Against Discrimination (RSA 354-A) and the federal Fair Housing Act. Landlords are also required to provide reasonable accommodations and modifications for people with disabilities.^[1]

Examples of Prohibited Housing Discrimination

It's illegal to:

• Refuse to rent, sell, or negotiate for housing based on protected class status
• Set different terms (like higher rent or different rules) because of your membership in a protected class
• Advertise housing with preferences or limitations related to protected classes
• Deny necessary accommodations to people with disabilities
• Harass or retaliate against someone for asserting their rights

Who Enforces Fair Housing Laws in New Hampshire?

The main agency handling housing discrimination complaints is the New Hampshire Commission for Human Rights (NHCHR). This state body investigates complaints, provides mediation, and can order remedies if discrimination is found. You can also file a complaint with the federal U.S. Department of Housing and Urban Development (HUD), which enforces federal protections.

How to File a Housing Discrimination Complaint

If you believe you've experienced discrimination, you have the right to file a complaint. Here's how the process works:

• New Hampshire Commission for Human Rights Intake Questionnaire (Form): This is the official form used to start your complaint. You can find it on the NHCHR complaint page.
  When to use: If your landlord, property manager, or real estate agent has treated you unfairly based on a protected characteristic.
• How to use: Download the NHCHR Intake Questionnaire, fill it out with your details and a description of the discrimination, and submit it by mail, in person, or by email. NHCHR staff will follow up for more information if needed.

You can also file directly with HUD if the discrimination involves federal protections. Find more and submit a complaint via the official HUD complaint form.

Timeline and What to Expect

After submitting your form, the NHCHR will assess your claim and may investigate, mediate, or, if necessary, hold a hearing. Remedies can include requiring the landlord to change their policies, compensate you, or undergo fair housing training.

Act quickly! Generally, you must file your complaint within 180 days of the last act of discrimination.

FAQ: New Hampshire Fair Housing Protected Classes

1. What should I do if my landlord refuses to rent to me because I have kids?
   If you are denied housing because you have children under 18, this is discrimination based on 'familial status', which is illegal. Document what happened and file a complaint with the NHCHR or HUD.
2. Do fair housing laws cover discrimination for LGBTQ+ renters?
   Yes, New Hampshire law protects against discrimination based on sexual orientation, gender identity, and gender expression.
3. Are landlords required to accommodate disabilities in New Hampshire?
   Landlords must provide reasonable accommodations—like allowing a service animal or modifying units for accessibility—unless it would cause an undue burden or fundamentally change the business.
4. Can I be charged different rent because of my race or religion?
   No. Charging different rent or applying different lease terms due to your race, religion, or membership in any protected class is prohibited under state and federal law.
5. Where can I learn more about my tenant rights in New Hampshire?
   Check the NHCHR FAQ page and the HUD NH tenant rights page for more information.

Key Takeaways for Renters

• New Hampshire protects renters from discrimination based on race, religion, family status, disability, and more.
• The NHCHR enforces these rights and handles complaints with an official intake form.
• Act quickly if discrimination occurs—keep records and submit your complaint within 180 days.

Need Help? Resources for Renters

• New Hampshire Commission for Human Rights (NHCHR): File complaints, learn more about protected classes, and find forms.
• HUD Office of Fair Housing and Equal Opportunity: Guidance, complaint process, and national resources.
• New Hampshire Housing – Fair Housing Resources: Additional state housing information and education.

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1. New Hampshire Law Against Discrimination (NH RSA 354-A) – Full legal text, including all protected classes and enforcement mechanisms.
2. New Hampshire Commission for Human Rights (NHCHR) – Tribunal responsible for handling discrimination claims in rentals.
3. HUD Office of Fair Housing and Equal Opportunity – Federal guidance and complaint portal for tenants and landlords.

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