Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 354-A:11 · Disability

Title
XXXI: TRADE AND COMMERCE
Chapter
354-A · STATE COMMISSION FOR HUMAN RIGHTS
Status
current
Official source linked
Yes
Official source Copy section link

354-A:11 Disability. –

Copy link
I.

It is a civil rights violation to refuse to sell or rent or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of that buyer or renter, a disability of a person residing or intending to reside in that dwelling after it is sold, rented, or made available, or a disability of any person associated with the buyer or renter.

Copy link
II.

It is a civil rights violation to alter the terms, conditions, or privileges of sale or rental of a dwelling or the provision of services or facilities in connection with such dwelling because of a disability of a person with a disability or a disability of any person residing or intending to reside in that dwelling after it is sold, rented, or made available, or a disability of any person associated with that person.

Copy link
III.

It is a civil rights violation:

Copy link
(a)

To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before modifications, reasonable wear and tear excepted. The landlord may not increase for persons with a disability any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained;

Copy link
(b)

To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

Copy link
(c)

In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in such a manner that:

Copy link
(1)

The public use and common use portions of such dwellings are readily accessible to and usable by persons with a disability;

Copy link
(2)

All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; and

Copy link
(3)

All premises within such dwellings contain the following features of adaptive design:

Copy link
(A)

An accessible route into and through the dwelling;

Copy link
(B)

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

Copy link
(C)

Reinforcements in bathroom walls to allow later installation of grab bars; and

Copy link
(D)

Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

Copy link
IV.

Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of subparagraph III(c)(3).

Copy link
V.

If a unit of local government has incorporated into its building code the requirements set forth in subparagraph III(c), compliance with the local building code shall be deemed to satisfy the requirements of that subparagraph.

Copy link
VI.

A unit of local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of subparagraph III(c) are met.

Copy link
VII.

The commission shall encourage, but may not require, units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with subparagraph III(c), and shall provide technical assistance to units of local government and other persons to implement the requirements of subparagraph III(c).

Copy link
VIII.

Nothing in this subdivision shall be construed to require the commission to review or approve the plans, designs or construction of all covered multifamily dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of subparagraph III(c).

Copy link
IX.

Nothing in paragraph IV, V, VI, or VII shall be construed to affect the authority and responsibility of the commission to receive and process complaints or otherwise engage in enforcement activities under state law.

Copy link
X.

Determinations by a unit of local government under paragraphs IV and V shall not be conclusive in enforcement proceedings under this chapter if those determinations are not in accord with the terms of this chapter.

Copy link
XI.

Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others. Source. 2021, 152:2, Pt. III, Sec. 1, eff. Jan. 1, 2022.

Copy link

Source note

Source. 2021, 152:2, Pt. III, Sec. 1, eff. Jan. 1, 2022.

Source history

  • 2021, 152:2, Pt. III, Sec. 1, eff. Jan. 1, 2022

Related materials

Bill relationships

  • 2026 HB1299 amend

    elling state interest in the 3 circumstances described in RSA 354-A:25-a. 2 New Sections; Law Against Discrimination; Classification of Persons Based Upon Biological Sex. Amend RSA 354-A by adding after section 25 the following new sections: 354-A:25-a Classification of Persons Based Upon Biological Sex. Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or r

  • 2026 HB1299-FN amend

    elling state interest in the 3 circumstances described in RSA 354-A:25-a. 2 New Sections; Law Against Discrimination; Classification of Persons Based Upon Biological Sex. Amend RSA 354-A by adding after section 25 the following new sections: 354-A:25-a Classification of Persons Based Upon Biological Sex. Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or r

  • 2026 HB1316 add

    litation Act of 1973; II. The Americans with Disabilities Act; III. The Individuals with Disabilities Education Act (IDEA); IV. The New Hampshire Law Against Discrimination, RSA 354-A; V. The HIPAA; VI. The Genetic Information Nondiscrimination Act (GINA); and VII. Any other established law protecting individuals with disabilities from discrimination, including in health care, education, employ

  • 2026 HB1442 amend

    erest in the 3 circumstances described in RSA 354-A:25-a. 2 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a State Recognition of Biological Sex. I. Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, RSA 354-A, or any other law or regulation shall mean th

  • 2026 HB1442-FN amend

    erest in the 3 circumstances described in RSA 354-A:25-a. 2 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a State Recognition of Biological Sex. I. Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, RSA 354-A, or any other law or regulation shall mean th

  • 2026 HB1447 amend

    w Hampshire law, whether in statute, state administrative or court rule, policy, common law, or any other source of civil state law. 3 New Section; Classification by Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a Classification by Biological Sex. I. The state of New Hampshire and all political subdivisions of the state shall adopt policies that classify

  • 2026 HB1517 amend

    by the Senate and House of Representatives in General Court convened: 1 New Section; Trade and Commerce; Fair Housing; Business Entity-Owned Residential Arrangements. Amend RSA 354-A by inserting after section 15 the following new section: 354-A:15-a Business Entity-Owned Residential Arrangements. I. In this section: (a) "Business entity" means a partnership, corporation, joint venture, limite

  • 2026 HB1517-FN amend

    by the Senate and House of Representatives in General Court convened: 1 New Section; Trade and Commerce; Fair Housing; Business Entity-Owned Residential Arrangements. Amend RSA 354-A by inserting after section 15 the following new section: 354-A:15-a Business Entity-Owned Residential Arrangements. I. In this section: (a) "Business entity" means a partnership, corporation, joint venture, limite

  • 2026 HB1564 amend · effective 2027-01-01

    of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or 6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows: 106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethn

  • 2026 HB1564-FN amend · effective 2027-01-01

    of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or 6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows: 106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethn

  • 2026 HB1593 amend · effective 2027-01-01

    to disability. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections: 354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall

  • 2026 HB1593-FN amend · effective 2027-01-01

    to disability. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections: 354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall