Understanding Low-Income Housing Tax Credit Apartments in New Hampshire

If you’re looking for affordable rental housing in New Hampshire, Low-Income Housing Tax Credit (LIHTC) properties can be a vital option. The LIHTC program offers safe, lower-cost apartments by providing tax incentives to property owners who set aside units for eligible low-income renters. This article explains how LIHTC apartments work in New Hampshire, steps to apply, and your rights as a renter.

How LIHTC Properties Work in New Hampshire

The New Hampshire Housing Finance Authority (NHHFA) oversees the LIHTC program across the state. Through this federal incentive, developers offer a set number of apartments at reduced rent for renters who meet the income criteria.

• Most LIHTC properties require households to earn below a certain percentage (often 50% or 60%) of the Area Median Income (AMI).
• Units have rent caps—monthly rent can’t exceed limits set by HUD.
• LIHTC apartments are regular rental housing with leases and rights governed by state law.

The LIHTC program differs from Section 8 vouchers: eligible renters apply directly to a LIHTC property’s management instead of through a local Public Housing Authority. Each property operates its own waitlist and eligibility screening.

Eligibility for LIHTC Apartments

To rent an LIHTC apartment, you must:

• Have household income below the set income limits for your household size and the property’s requirements.
• Submit an application and verify your income and household details with supporting documents.
• Meet any property-specific screening, such as rental history or credit checks.

Your Rights as a Renter in LIHTC Housing

Living in a LIHTC unit does not mean giving up your renter rights. You are protected both under federal Fair Housing rules and New Hampshire's landlord-tenant laws^[1]:

• No discrimination: Property managers cannot deny your application or treat you unfairly based on race, color, national origin, religion, sex, disability, or familial status.
• Notice and process for rent changes or eviction: All tenants are entitled to written notice according to RSA 540—Landlord and Tenant rules.
• Maintenance standards: Your landlord is responsible for keeping your unit safe, clean, and habitable under New Hampshire law.

What Official Forms Are Used?

• NH Complaint Form for Tenants (No Official Form Number)
  When to use: If you have a problem such as lack of repairs or feel your rights are violated, you may submit a written complaint to your landlord or file a petition with your local court.
  How it's used: For most disputes, tenants may file a petition for relief with the nearest district court using the state's Petition for Relief-District Division (DC221) form.
  Download the Petition for Relief-District Division form (PDF)
• Notice to Quit
  When to use: If your landlord seeks to end your tenancy, you should receive a written Notice to Quit. For renters, if you wish to contest the eviction or claim a defense (such as improper notice or violation of LIHTC lease terms), you may file a written response or motion with the court.
  Learn about eviction process and forms at the NH Judicial Branch landlord-tenant page

Always keep copies of all forms and official correspondence.

How to Apply for a LIHTC Apartment in New Hampshire

The application process for a LIHTC unit is direct and typically involves these steps:

• Find available LIHTC units using the NHHFA apartment search.
• Contact the property manager to get an application. Each property handles its own process.
• Submit required documentation (proof of income, IDs, etc.).
• Wait for eligibility screening and instructions about next steps or waitlisting.

If you feel your LIHTC landlord isn’t meeting obligations (like timely repairs or fair screening), you can contact New Hampshire Housing or pursue remedies via the local district court, which handles tenant-landlord disputes.

Who Oversees Landlord-Tenant Disputes in New Hampshire?

Residential rental disputes—including issues in LIHTC housing—are handled by the New Hampshire Circuit Court—District Division. This court hears eviction cases, tenant petitions, and related matters statewide.

Frequently Asked Questions

1. What is a LIHTC apartment, and who qualifies in New Hampshire?
   LIHTC apartments are rentals with reduced rents for low- to moderate-income households, set aside by property owners who participate in the federal tax credit program. You may qualify if your household income falls below the property’s limits, typically between 50%–60% of the Area Median Income.
2. Where can I find available LIHTC units in New Hampshire?
   You can search available properties and waitlists using the NHHFA Rental Housing Search tool, which is updated regularly.
3. What are my legal rights in a LIHTC rental?
   You have all the same protections as any other renter in New Hampshire, including the right to habitable housing, due process for eviction, and protection from unlawful discrimination under state law.
4. Do LIHTC apartments accept Section 8 vouchers?
   Some LIHTC properties may accept Section 8 vouchers, but this is not guaranteed. Confirm with the property manager when applying.
5. How do I take action if my LIHTC landlord fails to make repairs?
   You can make a written request for repairs. If the problem isn't fixed, you may file a Petition for Relief at your local circuit court.

Conclusion: Key Takeaways

• LIHTC apartments in New Hampshire help eligible renters secure lower rents and are managed under strict rules for fairness and housing quality.
• You have the same legal protections as any tenant, including eviction notice requirements and the right to safe conditions.
• For disputes or application help, statewide resources and official forms are available through NH Housing and the Circuit Court.

Need Help? Resources for Renters

• New Hampshire Housing Finance Authority (NHHFA) Rental Assistance: Information on LIHTC, applications, and eligibility.
• NH Circuit Court—District Division (Landlord-Tenant): Guidance and forms for rental disputes.
• New Hampshire Legal Aid—Housing Issues: Legal information and tenant advocacy support (nonprofit, but includes official forms and resources).
• New Hampshire Landlord and Tenant Law (RSA 540): Full state legislation on renter rights and rules.

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1. [1] See New Hampshire RSA 540—Landlord and Tenant Statute, current version (2024), for rights and procedures.

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