Secondhand Smoke Complaints: New Hampshire Renters’ Rights

Secondhand smoke in rental housing is a growing concern for many tenants in New Hampshire. Whether it's drifting from a neighbor’s apartment or coming through shared vents, understanding your rights and possible solutions can make a real difference to your health and comfort. Let’s break down what New Hampshire law says, how to address complaints, and the official steps renters can take.

Understanding Secondhand Smoke in New Hampshire Rentals

Secondhand smoke refers to tobacco smoke that enters your living space from another unit or common area. In New Hampshire, there are currently few statewide laws that directly address smoking in private rental housing. However, federal, state, and local regulations—including lease agreements—may provide ways to address concerns.

Key Points for Renters

• New Hampshire state law does not ban smoking in private apartments or common areas by default. Some municipalities or housing providers may have their own rules.
• Landlords can, and often do, include no-smoking clauses in leases—making smoking in those rentals a lease violation.
• The New Hampshire Housing Finance Authority offers advice for tenants and landlords regarding smoke-free policies. Visit the NH Housing official website for guidance.

What Can Tenants Do About Secondhand Smoke?

If secondhand smoke is affecting your health or comfort, you’re not alone. Here are practical steps to address the issue:

• Review your lease: Check if there is a no-smoking clause or other relevant rule.
• Start with communication: Consider a polite conversation or written note to the neighbor or your landlord describing the problem.
• Request intervention: Ask your landlord if the building or unit can adopt a smoke-free policy or if they’ll try to resolve the issue.
• Keep a dated record of problems and any communication.

• If you or someone in your household has a disability worsened by secondhand smoke (for example, asthma), you might have extra protections under the federal Fair Housing Act. You can ask for a “reasonable accommodation.”

Relevant Legislation and Tenant Protections

• New Hampshire RSA 540 – Residential Tenancy Law outlines basic tenant rights and eviction rules.
• The Fair Housing Act may help renters with disabilities request accommodations from landlords.
• If secondhand smoke causes damage to your apartment or creates unsafe living conditions, you may be protected under the landlord’s “warranty of habitability.” (See RSA 48-A.)

How to File a Secondhand Smoke Complaint in New Hampshire

New Hampshire does not have a dedicated complaint form or state agency for most secondhand smoke disputes in private housing. However, depending on the situation, you have several options:

• File a written complaint with your landlord or property manager.
• If your lease prohibits smoking and the landlord won’t address the violation, you can send a formal complaint. This could escalate to a violation of lease rules.
• If you believe your health or disability rights are at risk, you can file a Reasonable Accommodation Request with your landlord. See examples and guidance from HUD: HUD’s Reasonable Accommodation guidance.
• If the issue involves unsafe living conditions, you may contact your local code enforcement office. Find your office via the NH Municipal Directory.

Official Forms and How to Use Them

• Reasonable Accommodation Request (no official state form number): Use this to request landlord accommodation for a disability impacted by smoke. Example: "I have severe asthma aggravated by smoke entering my apartment. I request that my neighbor’s smoking be restricted or that I be moved to a smoke-free unit as a reasonable accommodation." Template and details available from HUD’s official page.
• If health or safety is severely impacted and the landlord is unresponsive, tenants may consider reporting to their local health or code enforcement office. Each town’s office may offer forms or guidance—see the NH Municipal Directory.

When to Seek Mediation or Legal Help

If talking to your landlord or neighbor doesn’t work, mediation may help both sides find a solution. If not, or if your lease is violated, you may seek review in the local district court or contact the New Hampshire District Court system, which handles landlord-tenant matters.

Summary

Secondhand smoke complaints can be handled most efficiently by reviewing your lease, starting with polite communication, keeping a record, and using official forms when needed. Each situation is different, but tenants in New Hampshire have basic rights and resources available to help.

Frequently Asked Questions (FAQs)

1. Can my landlord ban smoking in my New Hampshire apartment?
   Yes, landlords in New Hampshire can set no-smoking policies for their properties, and these are usually part of your lease agreement.
2. What should I do if smoke is coming into my apartment from another unit?
   Start by politely contacting your neighbor or landlord, keep a record of the issue, and check your lease for rules on smoking.
3. Does New Hampshire have a state law banning smoking in all rental housing?
   No, there is no statewide ban on smoking in private rental housing, but local rules or lease agreements can set smoke-free policies.
4. Can I ask for a reasonable accommodation if smoke worsens my disability?
   Yes. Under the federal Fair Housing Act, you may request a reasonable accommodation from your landlord.
5. Who handles legal disputes over secondhand smoke in New Hampshire rentals?
   Landlord-tenant matters—including lease violations caused by smoking—are typically handled by the New Hampshire District Court system.

Need Help? Resources for Renters

• New Hampshire Housing Finance Authority (NH Housing) – Guidance for tenants and landlords, resources for renters
• New Hampshire District Court – Landlord-Tenant Information
• NH Legal Aid – Housing Help
• HUD Fair Housing Accessibility
• NH Municipal Directory – Local code enforcement and health offices

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1. NH RSA 540 – Residential Tenancy Law
2. NH RSA 48-A – Minimum Standards for Rental Housing
3. HUD – Reasonable Accommodation Guidance
4. New Hampshire District Court Information

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