Senior Housing Rights and Protections in New Hampshire

If you are a senior renter in New Hampshire, you have special rights meant to protect your access to housing and ensure fair treatment. Understanding these state-specific protections can help if you face eviction threats, rent hikes, or questions about accessibility and accommodations. This article explains the key laws and practical steps relating to senior housing in New Hampshire.

What Qualifies as Senior Housing in New Hampshire?

Senior housing typically refers to communities or apartment buildings specifically intended for older adults—generally those ages 55 or 62 and over. In New Hampshire, these communities must follow both federal and state laws, including the Fair Housing Act and New Hampshire Human Rights Act, to qualify and operate as senior housing.

• 55+ Communities: At least 80% of the units must be occupied by at least one person age 55 or older.
• 62+ Housing: All units must be occupied by persons age 62 or older.

Senior housing is allowed to restrict occupancy by age, but it must still follow anti-discrimination rules regarding race, disability, and other protected categories.

Legal Protections for Seniors in Housing

New Hampshire state law, in addition to the federal Fair Housing Act, offers the following protections for seniors:

• Protection Against Discrimination: Landlords cannot discriminate based on age (where not allowed by law), disability, race, religion, or other protected statuses, according to New Hampshire RSA 354-A:15.
• Reasonable Accommodations: If you have a disability, you can request reasonable accommodations, such as grab bars or ramps, and landlords must work with you unless it creates undue hardship for them.
• Lease Protections: Even in age-restricted communities, seniors are entitled to notice of rent increases and eviction procedures under the New Hampshire Residential Landlord and Tenant Act.

Steps Landlords Must Follow for Eviction

Like all renters in New Hampshire, seniors have rights during an eviction process. Eviction must follow strict legal procedures:

• The landlord must issue a written notice of eviction, stating the reason and the date you are required to move.
• If you do not leave by that date, the landlord must file an official eviction action with the court.
• You have the right to dispute the eviction at a court hearing.

Official Forms for Senior Housing Issues

• Demand for Rent Form (NHJB-2331-DP): Used by landlords to demand unpaid rent before beginning the eviction process. If you receive this, you have a short period (usually 7 days) to pay or respond.
  See the official form: Demand for Rent Form (NHJB-2331-DP)
• Eviction Notice (Notice to Quit): This is not a standardized state form, but the law requires written notice. For more, visit NH District Court: Landlord and Tenant/Eviction.
• Reasonable Accommodation Request Letter: Not a formal government form, but you can write a letter requesting changes for disability access. Use resources at NH Commission for Human Rights for templates and support.

Always respond promptly to any official notice or form and keep a copy for your records.

The Tribunal Handling Residential Tenancies

In New Hampshire, the District Court handles landlord-tenant disputes, including evictions and disputes about senior housing rights. The court can order remedies or provide legal protection if your rights are violated.

What Senior Renters Should Do If Their Rights Are Violated

• Document all interactions and communications with your landlord.
• Submit a written request or complaint directly to your landlord if an issue arises.
• If unresolved, contact the NH Commission for Human Rights to file a discrimination complaint regarding senior or disability rights.
• Consider free legal help if you face eviction or need urgent assistance.

Tip: Always act as soon as you get an official notice. The time to respond can be very short, especially for eviction or rent disputes.

FAQ: Senior Housing Protections in New Hampshire

1. Are landlords allowed to evict seniors without cause in New Hampshire?
   Landlords must provide a specific legal reason for eviction and follow formal notice procedures. Seniors have the same right to contest an eviction as other tenants.
2. What if my senior housing community refuses my reasonable accommodation request?
   You can contact the NH Commission for Human Rights to file a complaint if your accommodation request is refused without a valid reason.
3. Do rent increase laws apply to senior housing?
   Yes, senior renters must receive proper written notice of rent increases as outlined in state law.
4. How do I make an official discrimination complaint?
   File a complaint online or by mail with the NH Commission for Human Rights explaining the discrimination and providing supporting documents.
5. Is there a limit to rent increases for seniors in New Hampshire?
   There is no statewide rent control, but landlords must give proper notice for any increase.

Key Takeaways for Senior Renters

• Senior housing must follow anti-discrimination laws but may lawfully restrict residents by age.
• Seniors have the right to reasonable accommodations and must be given written eviction or rent increase notices.
• If your rights are violated, state agencies and courts offer clear avenues for complaints and appeals.

Need Help? Resources for Renters

• NH Commission for Human Rights: File housing discrimination or reasonable accommodation complaints.
• New Hampshire District Court – Landlord and Tenant/Eviction: Court forms, process guides, and court contacts.
• New Hampshire Housing Finance Authority: Programs and resources for seniors and rental housing assistance.
• New Hampshire Legal Aid: Free legal advice and representation for eligible renters.

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1. NH RSA 354-A:15 – Fair Housing and Age Discrimination Protections
2. NH RSA 540 – Residential Landlord and Tenant Act
3. NH Commission for Human Rights – Discrimination Complaints
4. Federal Fair Housing Act
5. New Hampshire District Court – Landlord and Tenant/Eviction
6. New Hampshire Housing Finance Authority – Rental Help

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