What fair housing rules apply to tenant screening?

Tenant Screening and Fair Housing Rules for Landlords in New Hampshire

Tenant screening is a crucial part of the rental process for landlords in New Hampshire. It helps ensure that prospective tenants meet your rental criteria, thereby protecting your property investment and promoting a stable rental environment. However, landlords must conduct tenant screening in compliance with both federal and New Hampshire fair housing laws to avoid discriminatory practices and legal liability. This guide outlines the key fair housing rules that apply to tenant screening in New Hampshire and provides best practices for landlords.

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Overview of Fair Housing Laws in New Hampshire

New Hampshire landlords must comply with the federal Fair Housing Act (FHA) and the state’s own fair housing statutes. These laws prohibit discrimination against tenants and applicants based on protected characteristics.

Protected Classes Under Fair Housing Laws

Fair housing laws prohibit discrimination in housing transactions based on:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (presence of children under 18 in the household)
• Disability or handicap
• Marital status (protected under New Hampshire law)
• Age (protected under New Hampshire law)
• Public assistance status (New Hampshire prohibits discrimination against tenants receiving housing subsidies)
• Sexual orientation and gender identity (protected under New Hampshire law)

As a landlord in New Hampshire, you must not use any of these factors as a basis to reject a rental application or treat applicants differently during screening.

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How Fair Housing Laws Apply to Tenant Screening in New Hampshire

1. Screening Criteria Must Be Uniform and Consistent

• Consistency: Apply the same tenant screening criteria to every applicant regardless of any protected characteristic. For example, use the same income requirements, credit score minimums, and background checks for all applicants.
• Written Standards: Develop clear, written standards for screening that you can explain or provide if asked. This demonstrates that you follow nondiscriminatory and consistent policies.

2. Avoid Discriminatory Application Questions and Practices

• Do not inquire about an applicant’s race, religion, national origin, gender, marital status, disability, or any protected status.
• Avoid questions or screening practices that may discourage certain protected groups from applying, such as asking for social media accounts or personal medical information unrelated to tenancy.

3. Accommodate Disabilities

• If an applicant has a disability and requests a reasonable accommodation in your screening process (e.g., a co-signer or assistance animals despite a no-pets policy), you are required to evaluate and accommodate the request unless it poses an undue burden.
• You cannot deny an applicant simply because of a disability or because of a disability-related need.

4. Public Assistance and Subsidized Tenants

• Under New Hampshire law, landlords cannot reject applicants solely because they receive public housing assistance or housing vouchers.
• It is illegal to have policies that discriminate against people who pay rent with government subsidies.

5. Use of Credit and Criminal Background Checks

• While landlords can screen tenants based on credit and criminal history, these checks must not have a disparate impact on protected groups.
• Consider how screening criteria related to criminal offenses disproportionately affect certain racial or ethnic groups and avoid blanket bans without individualized review.
• Inform applicants if an adverse action has been taken based on credit or criminal checks and provide information on how to dispute inaccuracies.

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Best Practices for Fair and Effective Tenant Screening in New Hampshire

Establish Clear, Objective Screening Criteria

• Income requirements (e.g., 3x monthly rent)
• Minimum credit scores, if applicable
• Rental history verification (no evictions within a certain timeframe)
• Criminal background considerations with individualized assessments
• Employment or income verification

Use Consistent Screening Procedures for Every Applicant

• Use the same application form and process for all prospective tenants.
• Conduct background, credit, and reference checks uniformly.
• Document all steps in the screening process.

Train Staff on Fair Housing Laws

• Ensure that property managers and staff understand New Hampshire’s fair housing protections.
• Avoid any statements or actions that could be perceived as discriminatory.

Provide Reasonable Accommodations

• Have a protocol in place to handle requests for accommodations based on disabilities.
• Evaluate accommodations on a case-by-case basis.

Communicate Clearly with Applicants

• Inform tenants about required screening information and processes.
• Provide written notices of any adverse decisions as required by the Fair Credit Reporting Act (FCRA).
• Keep records of screening decisions for at least one year in case of disputes.

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Understanding the Role of the New Hampshire Commission for Human Rights

The New Hampshire Commission for Human Rights (NHCHR) enforces state fair housing laws. Applicants or tenants who believe they have been discriminated against in tenant screening or rental transactions may file a complaint with the NHCHR.

Landlords should take this seriously and be prepared to demonstrate nondiscriminatory practices if investigated. Maintaining thorough documentation and applying consistent criteria is key to compliance.

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Summary

For landlords operating in New Hampshire, complying with fair housing laws during tenant screening is essential. Compliance not only helps avoid costly discrimination claims, but also fosters an inclusive and fair housing market. Remember to:

• Apply screening criteria uniformly to all applicants,
• Avoid inquiries or decisions based on protected classes,
• Provide reasonable accommodations for disabilities,
• Accept tenants with public housing assistance without discrimination,
• Implement objective and transparent screening policies,
• Train your staff on fair housing requirements,
• Keep thorough documentation of screening decisions and communications.

By following these guidelines, landlords can confidently conduct tenant screening in alignment with New Hampshire’s fair housing rules and promote equitable access to housing.