What fair housing laws must landlords follow?

Fair Housing Laws Landlords Must Follow in New Hampshire

Landlords in New Hampshire are required to adhere to a combination of federal and state fair housing laws designed to prevent discrimination in housing and promote equal opportunity for all prospective and current tenants. Understanding these laws is crucial for landlords to ensure legal compliance and maintain ethical rental practices. This guide outlines the key fair housing requirements landlords must follow in New Hampshire.

Federal Fair Housing Act (FHAct)

At the foundation of fair housing compliance are the provisions of the federal Fair Housing Act, which apply nationwide, including New Hampshire. The FHAct prohibits discrimination in the sale, rental, or financing of dwellings based on the following protected classes:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (presence of children under 18)
• Disability

As a New Hampshire landlord, this means you cannot refuse to rent to an applicant, impose different rental terms, or advertise in a discriminatory manner based on any of these categories.

New Hampshire State Fair Housing Laws

In addition to federal regulations, New Hampshire enforces its own fair housing provisions under RSA Chapter 354-A, commonly known as the New Hampshire Law Against Discrimination. This law enhances protections and includes the federal protected classes as well as additional ones specific to New Hampshire:

• Marital status
• Age (applies primarily in housing for older persons)
• Veteran or active military status
• Sexual orientation
• Gender identity or expression

Key Points of New Hampshire Fair Housing Law:

• Prohibitions on Discriminatory Practices: Landlords may not deny housing or refuse to rent, or impose different terms or conditions based on the protected classes listed above.
• Advertising: Housing advertisements must not indicate any preference or limitation related to protected classes.
• Reasonable Accommodations and Modifications: Landlords are required to allow reasonable accommodations or modifications for persons with disabilities. This means making necessary changes to rules, policies, or physical structures (at the tenant’s expense or with landlord’s permission) to ensure equal housing opportunity.
• Harassment and Retaliation: It is illegal to harass or retaliate against a tenant or prospective tenant for exercising their rights under fair housing laws.

Practical Compliance Tips for New Hampshire Landlords

To comply with fair housing laws effectively, New Hampshire landlords should institute policies and practices that foster inclusivity and avoid discrimination risks. Consider the following:

• Equal Application of Criteria: Use the same application and screening criteria for all applicants, regardless of their membership in a protected class.
• Clear and Consistent Screening Policies: Develop written tenant screening standards covering credit, income, rental history, and background checks that apply uniformly.
• Inclusive Marketing: Use neutral language in rental listings. Avoid phrases that imply preferences based on familial status, religion, or other protected characteristics.
• Training: Educate yourself or your property management team on fair housing laws and the importance of unbiased treatment in all housing-related decisions.
• Documentation: Keep detailed records of all application decisions, communications, and accommodations requests to demonstrate compliance if challenged.
• Reasonable Accommodation Procedures: Establish clear processes for tenants to request accommodations related to disabilities and respond promptly and fairly.

Enforcement and Penalties

In New Hampshire, complaints of housing discrimination can be filed with the New Hampshire Commission for Human Rights (NHCHR) or directly with the U.S. Department of Housing and Urban Development (HUD). Both agencies investigate complaints and have the authority to impose remedies such as:

• Orders to cease discriminatory practices
• Monetary damages to affected individuals
• Civil penalties against landlords who violate fair housing laws

Failure to comply with fair housing laws can also lead to costly lawsuits and damage to your reputation as a landlord in New Hampshire.

Summary

In summary, New Hampshire landlords must comply with both federal and state fair housing laws, which prohibit discrimination based on a wide array of protected classes including race, color, religion, familial status, disability, marital status, sexual orientation, and more. Ensuring compliance involves implementing non-discriminatory rental practices, providing reasonable accommodations, and maintaining clear documentation. Staying informed and proactive in fair housing compliance protects landlords from legal risk and contributes to a fair and inclusive rental market across New Hampshire.