Understanding ADA and FHA Accessibility for NH Renters

If you’re a renter in New Hampshire with a disability, understanding your rights under accessibility laws can make a big difference in your quality of life. Two major federal laws— the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)—set the standards for accessibility and reasonable accommodations. But these laws apply differently depending on your rental situation. This article breaks down what each law covers for New Hampshire renters, explains where they overlap, and helps you know what resources and forms you may need.

Which Law Applies? ADA vs. FHA in New Hampshire Rental Housing

The ADA and FHA both protect people with disabilities, but they target different types of properties and provide distinct types of protections.

• Fair Housing Act (FHA): Applies to most rental housing, including apartments, houses, and some condominiums. It prohibits discrimination based on disability and requires landlords to make reasonable accommodations and allow reasonable modifications.
• Americans with Disabilities Act (ADA): Primarily covers public and common-use areas in housing provided by state or local government, or in places of public accommodation (like leasing offices or shelters). It does not generally apply inside your private apartment or home.

Remember, most private rental housing in New Hampshire is covered under the FHA, while the ADA may apply to public housing or the common areas in large complexes.

Your Accessibility Rights Under the FHA

If you rent in New Hampshire, the FHA guarantees important rights, including:

• You cannot be denied housing because of a disability.
• You can request "reasonable accommodations," like a reserved parking spot or permission for a service animal.
• You can ask for "reasonable modifications" to your living space at your own expense (for example, installing grab bars). Landlords may require you to restore the modification when you move out.

Landlords are required to respond to these requests promptly and cannot charge extra fees or deposits for reasonable accommodation requests.

When Do ADA Standards Apply?

The ADA is most relevant if your housing includes common areas used by the public or if you're renting from a state, municipal, or federally supported entity. The requirements typically include:

• Accessible routes from parking and public sidewalks into leasing offices or community rooms
• Accessible restrooms in public or shared areas
• Policies that ensure equal access to public housing programs

Private living spaces themselves generally are not covered under the ADA unless they also fall under the FHA’s requirements.

How to Request an Accommodation or Modification in New Hampshire

If you need an accommodation (a change to rules or services) or a modification (a physical change to your unit), you have the right to make a formal request. While there isn’t a statewide "form" specifically required in New Hampshire, many housing providers will ask you to submit a written request. Using an official sample can help.

Relevant Form: Reasonable Accommodation/Modification Request

• Form Name: HUD Form 90100 - Request for Reasonable Accommodation
  Download the official Reasonable Accommodation Request Form
• When & How to Use: Fill out and submit to your landlord or property manager any time you need an exception or modification based on your disability. For example, if you need permission for a support animal or want grab bars installed in your bathroom, submit this form with details and documentation from your healthcare provider.

Keep a copy of your request and any response you receive. You do not have to disclose your specific diagnosis—just enough information to show a connection between your disability and the needed accommodation.

Filing a Complaint if Your Rights are Denied

If your landlord refuses a reasonable accommodation or discriminates based on disability, you can file a complaint with:

• NH Commission for Human Rights (state-level first step in many cases)
• U.S. Department of Housing and Urban Development (HUD) (federal option for FHA violations)

You may be asked to use the "Housing Discrimination Complaint Form" by HUD:

• Form Name: HUD Form 903 Online (Housing Discrimination Complaint)
  Submit your housing discrimination complaint online
• When & How to Use: Use if you believe your fair housing rights have been violated (for example, if a landlord refuses your reasonable accommodation request). File online or download forms to submit by mail.

Which Tribunal Handles Tenant-Landlord Accessibility Disputes?

In New Hampshire, accessibility and discrimination complaints are usually handled by the NH Commission for Human Rights. For general landlord-tenant matters (like security deposits or repairs), cases may go to your local NH Circuit Court - District Division. Know where to go, depending on the issue.

Relevant Legislation in New Hampshire

• New Hampshire Revised Statutes Annotated (RSA) 540 - Landlord and Tenant
• Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
• Americans with Disabilities Act (ADA) of 1990

Check out the NH Commission for Human Rights for local state regulations and guidance.

Frequently Asked Questions

1. Can my landlord refuse my request to install grab bars or ramps?
   Landlords must allow reasonable modifications (like grab bars or ramps) when necessary for a disability, although you may need to pay for them and return the unit to its original condition when you move out.
2. Do service animals count as a reasonable accommodation in New Hampshire?
   Yes. Under the FHA, service animals (and in most situations, emotional support animals) qualify as reasonable accommodations. Landlords cannot charge pet fees for them.
3. What should I do if I think I am being discriminated against because of my disability?
   You can file a complaint with the NH Commission for Human Rights or with HUD. Use the official online complaint form to start the process.
4. Are landlords ever allowed to deny a reasonable accommodation?
   Only if the request would create an undue financial or administrative burden, or fundamentally change the nature of the housing. Landlords must explain their decision in writing.
5. Does ADA apply to my private apartment in New Hampshire?
   Usually not; ADA typically covers public or common-use spaces, not the interiors of privately rented homes or apartments. Most accessibility inside your residence is governed by the FHA.

Key Takeaways for NH Renters

• The FHA gives most renters in New Hampshire the right to request reasonable accommodations and modifications.
• The ADA protects access in public and common-use areas of housing managed by government or large providers.
• If your rights are denied, you may file a formal complaint with the NH Commission for Human Rights or HUD using official forms.

Understanding these laws can help you secure fair treatment and accessible housing.

Need Help? Resources for Renters

• NH Commission for Human Rights – Report discrimination, get guidance, and access state forms.
• New Hampshire Legal Assistance – Free or low-cost legal help on disability and housing accessibility.
• HUD Fair Housing Complaint Center – File a federal complaint or learn more about your fair housing rights.
• NH Circuit Court - District Division – For tenancy-related legal disputes not covered by human rights complaints.

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1. Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
2. Americans with Disabilities Act (ADA) of 1990
3. New Hampshire RSA 540: Landlord and Tenant
4. HUD Reasonable Accommodation Request Form
5. NH Commission for Human Rights
6. HUD Online Discrimination Complaint Form

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