TITLE XXXI
TRADE AND COMMERCE

CHAPTER 354-A
STATE COMMISSION FOR HUMAN RIGHTS

Fair Housing

Section 354-A:15


[RSA 354-A:15 effective until January 1, 2022; see also RSA 354-A:15 set out below.]
    354-A:15 Housing for Older Persons. –
No provisions in this chapter regarding familial status or age apply with respect to housing for older persons. Housing for older persons means housing:
I. 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;
II. Intended for, and solely occupied by, persons 62 years of age or older; or
III. Intended and operated for occupancy by at least one person 55 years or older per unit.
IV. In determining whether housing qualifies as housing for persons 55 years or older, the commission shall adopt rules which require at least the following factors:
(a) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and service is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
(b) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
(c) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
V. Housing shall not fail to meet the requirements for housing for older persons by reason of:
(a) Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of paragraphs II or III, provided, that new occupants of such housing meet the age requirements of paragraph II or III.
(b) Unoccupied units, provided, that such units are reserved for occupancy by persons who meet the age requirements of paragraph II or III.
VI. Any rule concerning the exemption available under this section shall be consistent with federal law. In adopting such rules, the commission shall be guided by applicable federal regulations and interpretations concerning housing for older persons under 42 U.S.C. section 3607(b).
VII. Housing for older persons as defined in this section shall comply with the provisions of RSA 161-M.

[RSA 354-A:15 effective January 1, 2022; see also RSA 354-A:15 set out above.]


354-A:15 Exemptions. –
Nothing contained in RSA 354-A:10 shall prohibit:
I. Private sales of single family homes.
(a) Any sale of a single family home by its owner so long as the following criteria are met:
(1) The owner does not own or have a beneficial interest in more than three single family homes at the time of the sale;
(2) The owner or a member of his or her family was the last current resident of the home;
(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;
(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.
(b) This exemption shall not apply to RSA 354-A:10, VII.
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.
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.
IV. Reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
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.
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).
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.
VIII. No provision in this subdivision regarding familial status shall apply with respect to housing for older persons.
(a) As used in this paragraph, "housing for older persons" means housing:
(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
(2) Intended for, and solely occupied by, persons 62 years of age or older; or
(3) Intended and operated for occupancy by persons 55 years of age or older and:
(A) At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;
(B) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
(C) The housing facility or community complies with rules adopted by the commission for verification of occupancy, which shall:
(i) Provide for verification by reliable surveys and affidavits; and
(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.
(b) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(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
(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.
(2) For the purposes of this subparagraph, a person may show good faith reliance on the application of the exemption only by showing that:
(A) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and
(B) The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.
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.