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RSA 354-A:15 · Exemptions

Title
XXXI: TRADE AND COMMERCE
Chapter
354-A · STATE COMMISSION FOR HUMAN RIGHTS
Status
current
Official source linked
Yes
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354-A:15 Exemptions. – Nothing contained in RSA 354-A:10 shall prohibit:

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I.

Private sales of single family homes.

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(a)

Any sale of a single family home by its owner so long as the following criteria are met:

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(1)

The owner does not own or have a beneficial interest in more than three single family homes at the time of the sale;

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(2)

The owner or a member of his or her family was the last current resident of the home;

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(3)

The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman;

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(4)

The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of RSA 354-A:10, VII.

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(b)

This exemption shall not apply to RSA 354-A:10, VII.

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II.

Rental of a housing accommodation in a building which contains housing accommodations for not more than 4 families living independently of each other, if the owner resides in one of the housing accommodations. This exemption does not apply to RSA 354-A:10, VII.

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III.

Rental of a room or rooms in a private home by an owner if he or she or a member of his or her family resides therein or, while absent for a period of not more than 12 months, if he or she or a member of his or her family intends to return to reside therein.

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IV.

Reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

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V.

A religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.

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VI.

Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in the federal Controlled Substances Act, 21 U.S.C. section 802(6).

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VII.

Persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals.

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VIII.

No provision in this subdivision regarding familial status shall apply with respect to housing for older persons.

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(a)

As used in this paragraph, "housing for older persons" means housing:

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(1)

Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or

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(2)

Intended for, and solely occupied by, persons 62 years of age or older; or

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(3)

Intended and operated for occupancy by persons 55 years of age or older and:

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(A)

At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;

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(B)

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

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(C)

The housing facility or community complies with rules adopted by the commission for verification of occupancy, which shall:

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(i)

Provide for verification by reliable surveys and affidavits; and

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(ii)

Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subparagraph X(a)(3)(B). These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

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(b)

Housing shall not fail to meet the requirements for housing for older persons by reason of:

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(1)

Persons residing in such housing as of the effective date of this amendatory Act of 1988 who do not meet the age requirements of subparagraph X(a)(2) or X(a)(3); provided, that new occupants of such housing meet the age requirements of subparagraph X(a)(2) or X(a)(3); or

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(2)

Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph X(a)(2) or X(a)(3). (c)(1) A person shall not be held personally liable for monetary damages for a violation of this subdivision if the person reasonably relied, in good faith, on the application of the exemption under this paragraph relating to housing for older persons.

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(2)

For the purposes of this subparagraph, a person may show good faith reliance on the application of the exemption only by showing that:

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(A)

The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and

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(B)

The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.

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IX.

Inquiry into or the use of an arrest record if the inquiry or use is otherwise authorized by state or federal law. Source. 2021, 152:2, Pt. III, Sec. 1, eff. Jan. 1, 2022. Public Accommodations

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Source note

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

Source history

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

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

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