New Hampshire Fair Housing Compliance: Laws & Protected Classes Guide

Understanding and complying with New Hampshire's fair housing laws is essential for property managers, real estate professionals, and housing providers operating in the Granite State. This comprehensive guide covers the key aspects of fair housing compliance in New Hampshire, including protected classes, common violations, and best practices for maintaining compliance.

Key Takeaways

• New Hampshire fair housing laws protect multiple classes including age, sex, gender identity, race, religion, color, marital status, familial status, disability, national origin, and sexual orientation
• Housing providers must ensure their advertising, screening processes, and tenant interactions are free from discrimination
• Violations can result in significant penalties and legal consequences
• Regular compliance training and automated screening tools can help prevent discrimination
• Documentation and consistent policies are crucial for maintaining compliance

New Hampshire Fair Housing Protected Classes

Under New Hampshire law (NH RSA 354-A:10), it is illegal to discriminate in housing based on the following protected characteristics:

• Age
• Sex
• Gender identity
• Race
• Religion
• Color
• Marital status
• Familial status (including pregnancy)
• Physical or mental disability
• National origin (including ancestry)
• Sexual orientation

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Key Requirements for Housing Providers

Advertising and Marketing

When advertising properties in New Hampshire, housing providers must ensure their marketing materials and listings don't indicate any preference, limitation, or discrimination based on protected characteristics. For more guidance on compliant advertising, see our guide on Preventing Discriminatory Language in Property Advertisements.

Screening and Application Process

Property managers must: - Use consistent screening criteria for all applicants - Apply the same rental terms and conditions to everyone - Maintain clear documentation of screening decisions - Avoid questions that could reveal protected characteristics

Reasonable Accommodations

Housing providers must make reasonable accommodations for persons with disabilities, including: - Allowing modifications to the property - Permitting service animals or emotional support animals - Providing accessible parking spaces - Making exceptions to certain policies when necessary

For more information about handling accommodation requests, refer to our Emotional Support Animals: Fair Housing Guide for Property Managers.

Common Violations to Avoid

Discriminatory Statements

• Using phrases that express preference for certain groups
• Making statements about the demographics of a neighborhood
• Including discriminatory terms in property listings

Inconsistent Treatment

• Showing different units to similar applicants based on protected characteristics
• Applying different screening criteria or rental terms
• Providing different levels of service or maintenance

Failure to Make Reasonable Accommodations

• Refusing to allow necessary modifications
• Charging additional fees for accommodation requests
• Not engaging in the interactive process with disabled tenants

Best Practices for Compliance

1. Establish Written Policies

Create comprehensive written policies that:

• Detail screening criteria
• Outline accommodation request procedures
• Specify rental terms and conditions
• Document maintenance and service procedures

2. Provide Regular Training

• Conduct regular fair housing training for all staff
• Stay updated on law changes and new requirements
• Review common violation scenarios and prevention strategies

3. Implement Compliance Tools

Use technology solutions to maintain compliance:

• Automated screening tools for property listings
• Documentation management systems
• Compliance monitoring software

Learn more about technology solutions in our article on Automated Fair Housing Compliance: How Technology Prevents Violations.

4. Maintain Proper Documentation

• Keep detailed records of all interactions
• Document screening decisions and their rationale
• Maintain accommodation request records
• Store all marketing materials and advertisements

Penalties for Non-Compliance

Violations of New Hampshire fair housing laws can result in:

• Civil penalties
• Compensatory damages
• Punitive damages
• Attorney fees and costs
• Required training and monitoring

For more information about potential consequences, see our article on The Cost of Non-Compliance: Fair Housing Violations and Penalties.

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Creating a Compliance Strategy

Steps to Develop Your Compliance Program

1. Review current policies and procedures
2. Identify potential risk areas
3. Implement compliance monitoring tools
4. Establish staff training programs
5. Create documentation systems
6. Develop response procedures for complaints

For detailed guidance on creating a compliance strategy, see our Creating a Fair Housing Compliance Strategy: Step-by-Step Guide.

FAQ

What should I do if I receive a discrimination complaint?

• Document the complaint immediately
• Respond promptly and professionally
• Investigate thoroughly
• Seek legal counsel if necessary
• Take corrective action if warranted

Are there any exemptions to New Hampshire fair housing laws?

While there are limited exemptions under federal law, such as owner-occupied buildings with four or fewer units, it's crucial to consult with legal counsel about specific situations as state laws may be more restrictive.

How often should staff receive fair housing training?

Best practices suggest annual training at minimum, with additional sessions when laws change or new staff join the team.

Can I specify "no pets" in my listings if I allow service animals?

While you can prohibit pets, you must make exceptions for service and support animals. It's recommended to use phrases like "pets considered" or "pet policy applies" and handle accommodation requests separately.

Conclusion

Compliance with New Hampshire fair housing laws requires ongoing attention to detail, regular training, and robust policies. Property managers and housing providers should:

• Stay informed about current laws and requirements
• Implement comprehensive compliance programs
• Use automated tools to prevent violations
• Maintain thorough documentation
• Provide regular staff training

By following these guidelines and staying vigilant about fair housing requirements, housing providers can better protect themselves while ensuring equal access to housing for all New Hampshire residents.