Proving Discriminatory Rental Screening in New Hampshire

If you suspect that a landlord or property manager in New Hampshire has screened your rental application unfairly due to your race, religion, disability, or other protected status, it's important to understand your rights and how to gather evidence. New Hampshire's fair housing laws and the federal Fair Housing Act protect renters from discrimination. Here’s how New Hampshire renters can identify, document, and take action against discriminatory rental application practices.

Understanding Discriminatory Screening Practices

Discriminatory screening means treating rental applicants differently because of legally protected traits. In New Hampshire, it is illegal for housing providers to deny or limit housing opportunities based on:

• Race or color
• National origin
• Sex (including gender identity and sexual orientation)
• Religion
• Familial status (presence of children under 18)
• Disability
• Age or marital status (also protected under New Hampshire law)^[1]

If a landlord refuses to rent, charges different fees, or applies different standards based on any of these characteristics, that may be considered discrimination under the New Hampshire Law Against Discrimination and the federal Fair Housing Act.

Signs of Discriminatory Screening

Watch for these common red flags when applying for rentals:

• You or someone like you (e.g., because of your accent, disability, or family status) are told the unit is unavailable—but it stays advertised or is offered to others.
• Requirements or fees differ for you compared to other applicants (like higher deposits or stricter background checks).
• Comments or questions about your race, religion, national origin, disability, or family that feel unrelated to your ability to rent.
• Application processing delays or unexplained denials after disclosing a disability or requesting an accommodation.

Documenting these patterns is key to supporting your case.

How to Collect Evidence

To prove discriminatory screening, effective documentation and clear evidence are crucial. Consider these practical steps:

• Keep all written communication (emails, texts, letters) with landlords and agents.
• Document phone conversations: Write down dates, times, names, and key things said immediately after calls.
• Take screenshots of rental ads before and after your inquiry.
• If possible, compare how other applicants are treated (if you know someone with a different profile, see if they get a different response).
• Save all application materials and notes on why you believe you were denied or treated differently.
• Retain rejection letters or written explanations if you receive them.

How to File a Discrimination Complaint in New Hampshire

Renters in New Hampshire can file a complaint with the New Hampshire Human Rights Commission (NH HRC), the official tribunal that handles housing discrimination cases under state law. You may also file with the U.S. Department of Housing and Urban Development (HUD) if you believe your federal rights were violated.

Official Forms and How to Use Them

• New Hampshire Human Rights Commission Intake Questionnaire
  When to use: If you want to start a discrimination complaint under New Hampshire law, begin by submitting this questionnaire to the NH HRC. This form helps the Commission understand the basic facts about your situation.
  How to use: Download and fill out the NH HRC Intake Questionnaire. Mail, fax, or hand-deliver it to the Commission office. An investigator will reach out to discuss next steps.
• HUD Form 903: Housing Discrimination Complaint
  When to use: If you believe your federal fair housing rights have been violated, use this form to file directly with HUD.
  How to use: Complete the HUD Discrimination Complaint Form 903 and submit by mail, email, or online via HUD’s File a Complaint webpage.

Step-by-Step: Taking Action

Here’s a practical summary before you start the complaint process:

• Gather and organize your evidence (emails, rejection notes, etc.).
• Fill out and submit the NH HRC Intake Questionnaire or the HUD Form 903, depending on your preference.
• The agency will review your complaint and may contact you for more information or to begin an investigation.
• If your case qualifies, there may be an attempt at mediation or a formal hearing. Remedies can include monetary damages or being given a rental opportunity.

Review the NH HRC’s official Guide on Filing a Complaint for full details.

What Laws Protect You?

In New Hampshire, renters are protected by:

• New Hampshire Law Against Discrimination (RSA 354-A): This state law covers housing discrimination and defines protected classes.
• Federal Fair Housing Act: Also prohibits discrimination in housing for similar protected groups across the U.S.

Both state and federal laws provide strong protections, and you can file complaints with either or both agencies.

Frequently Asked Questions

1. What is the timeframe to file a discrimination complaint in New Hampshire?
   Generally, you must file your NH HRC complaint within 180 days of the alleged discriminatory act. HUD gives you up to one year for federal complaints.
2. Do I need a lawyer to file a housing discrimination complaint?
   No. Most complaints can be filed and investigated without a lawyer. However, you may seek legal advice or support if you choose.
3. Can my landlord retaliate against me for making a fair housing complaint?
   It is illegal for a landlord to retaliate against you for filing a discrimination complaint in New Hampshire.
4. What should I do if I witness someone else being discriminated against?
   You can assist by collecting evidence or even filing a third-party complaint with the relevant agency if you have direct information.
5. What happens after I submit the NH HRC Intake Questionnaire?
   An investigator will review your information and contact you to discuss the next steps, which may include mediation or a formal investigation.

Conclusion: Key Takeaways for Renters

• New Hampshire law protects renters from discriminatory screening based on specific personal characteristics.
• Careful documentation and swift action will help you prove your case.
• You can file a complaint with the New Hampshire Human Rights Commission or HUD using official forms.

Understanding your fair housing rights empowers you to act quickly if you suspect illegal discrimination.

Need Help? Resources for Renters

• New Hampshire Human Rights Commission — File or discuss discrimination complaints. Phone: (603) 271-2767
• HUD Fair Housing & Equal Opportunity Office — Learn about fair housing rights
• New Hampshire Housing Finance Authority – Tenant Rights Portal
• Legal help: New Hampshire Legal Aid

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1. New Hampshire Law Against Discrimination (RSA 354-A)
2. Federal Fair Housing Act Overview
3. New Hampshire Human Rights Commission (NH HRC)
4. NH HRC Intake Questionnaire
5. HUD Form 903: Housing Discrimination Complaint

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