2.3 Fair Housing in New Hampshire (RSA 354-A)

Two layers of fair housing law

The national portion of your exam tests the federal Fair Housing Act (FHA) of 1968 (as amended). The New Hampshire state portion tests how the New Hampshire Law Against Discrimination, RSA 354-A, goes beyond the federal floor. The single most tested idea is simple: New Hampshire protects more classes than the federal government does. A licensee who only memorized the federal seven will get NH questions wrong.

The federal baseline (review)

The FHA protects seven classes in housing:

1. Race
2. Color
3. Religion
4. National origin
5. Sex (including sexual orientation and gender identity under HUD's current interpretation)
6. Familial status (households with children under 18, and pregnant persons)
7. Disability (physical or mental handicap)

New Hampshire's additions — RSA 354-A:8

RSA 354-A:8 declares the opportunity to obtain housing without discrimination a civil right. The NH statute lists, expressly and on its own authority, these protected characteristics: age, sex, gender identity, race, creed (religion), color, marital status, familial status, physical or mental disability, and national origin, and separately bars denial of housing on account of a person's sexual orientation.

Line the two lists up and the four genuinely extra NH classes jump out:

The exam wants the four NH-specific add-ons cold: age, marital status, sexual orientation, gender identity. New Hampshire has banned sexual orientation discrimination in housing since January 1, 1998, and added gender identity through HB 1319, effective July 8, 2018. Because the statute names them outright, you do not have to rely on a HUD interpretation to know they are protected in NH.

Prohibited conduct, exemptions, and enforcement

What the law forbids

Under RSA 354-A:10, it is unlawful in the sale or rental of housing to refuse to sell or rent, set different terms, falsely deny availability, or make discriminatory statements based on a protected class. The classic federal prohibited practices the exam loves all apply in NH too:

• Steering — channeling buyers toward or away from neighborhoods based on a protected class.
• Blockbusting — inducing panic selling by suggesting a protected group is moving in.
• Redlining — denying loans or insurance by geography tied to protected classes.
• Discriminatory advertising — stating a preference or limitation in any ad.

As the agent, you owe all parties honest, equal treatment. You may not accept a discriminatory instruction from a seller ("don't show it to families with kids") — following it makes you liable.

Limited exemptions (and their big catch)

NH mirrors the federal "Mrs. Murphy" style exemptions. RSA 354-A does not reach:

• The sale or rental of a single-family home by an owner who owns no more than one such home, provided the owner does not use a broker and does not run a discriminatory ad; and
• An owner-occupied building of three or fewer units where the owner lives in one unit; and
• The rental of a room in an owner-occupied dwelling where there are not more than a small number of such rentals.

The catch tested on every fair-housing section: even when an exemption frees an owner from the substantive ban, the prohibition on discriminatory advertising and on using a real estate licensee still applies. The moment a licensee is involved, the exemption evaporates for that transaction.

Filing and remedies

Complaints go to the New Hampshire Commission for Human Rights (a body separate from the Real Estate Commission), generally within 180 days of the discriminatory act. The Commission investigates, may find probable cause, and can order remedies; a complainant may also sue. A licensee who discriminates faces both Human Rights Commission liability and Real Estate Commission discipline under RSA 331-A.

Exam tip: If a question gives a NH scenario involving marital status ("a landlord refuses an unmarried couple") or age, the answer is that it is illegal in New Hampshire even though it would not violate the federal FHA. That gap is the whole point of the state question.

Disability accommodations and advertising specifics

Because disability is protected under both the federal FHA and RSA 354-A, New Hampshire agents must understand the two affirmative duties the law imposes for people with disabilities. First, a housing provider must allow a tenant to make reasonable modifications to the premises at the tenant's expense (for example, installing a ramp or grab bars). Second, the provider must make reasonable accommodations in rules, policies, and services when needed for equal use — the textbook example being a waiver of a "no pets" policy for a service or assistance animal.

An assistance animal is not a "pet," so a no-pet building and a pet deposit generally cannot be used to refuse it. An agent who tells a landlord they may charge a pet fee for a guide dog is giving advice that violates fair housing law.

Advertising and "steering" language

Fair-housing liability frequently arises from words, not overt refusals. Advertising that states a preference, limitation, or discrimination based on a protected class is illegal even if the underlying unit would qualify for an owner-occupied exemption. Phrases that signal a protected-class preference — "perfect for a young professional," "ideal Christian family," "adult building," or "walking distance to the synagogue/church" — can each be read as steering or as an unlawful preference.

The safe practice is to describe the property, not the desired occupant: square footage, number of bedrooms, amenities, and location facts, never the type of person who "should" live there.

How NH enforcement differs from the Real Estate Commission

It is worth repeating that two separate agencies are in play. The NH Commission for Human Rights handles the discrimination complaint and can order make-whole relief, civil penalties, and injunctive terms. The NH Real Estate Commission separately disciplines the license under RSA 331-A for the same conduct. A single discriminatory act can therefore produce parallel proceedings — a fair-housing judgment and a suspended or revoked license.

On the exam, when asked "who hears a housing discrimination complaint in New Hampshire," the answer is the Commission for Human Rights, not the Real Estate Commission, even though the licensee's discipline runs through the latter.