ADA & Reasonable Accommodation Rules in New Hampshire 2026
Service animals, emotional-support animals, and reasonable accommodation duties under the federal Fair Housing Act and N.H. Rev. Stat. § 354-A:8 et seq..
If a tenant or applicant with a disability asks you to change a rule or alter the unit, New Hampshire runs on two overlapping tracks: the federal Fair Housing Act (42 U.S.C. 3604(f)) and the state Law Against Discrimination, RSA 354-A. New Hampshire does not impose a substantively higher accommodation standard than the federal baseline, but it gives tenants a separate state forum, its own agency, and its own filing clock. RSA 354-A:8 declares fair housing for people with disabilities a civil right, and RSA 354-A:10 makes refusing a reasonable accommodation or reasonable modification an unlawful practice.
The practical distinction to keep straight: an accommodation is a change to your rules, policies, or services, while a modification is a physical change to the property. Who pays depends on which one it is and whether the building is federally subsidized. Getting the request wrong is not a minor slip. A tenant has 180 days to complain to the New Hampshire Commission for Human Rights and a full year to file with HUD.
What New Hampshire Law Adds
Adds sexual orientation, gender identity, marital status, age.
Accommodation vs. modification: who pays
A reasonable accommodation is a change in rules, policies, practices, or services so a disabled resident can use and enjoy the home equally. Examples: giving a tenant with a mobility impairment a reserved space near the door, shifting the rent due date to match the day a disability benefit lands, allowing a live-in aide, or waiving a no-pet rule for an assistance animal. Accommodations are almost always policy changes, so the administrative cost falls on you as the housing provider.
A reasonable modification is a physical change: a ramp, grab bars, a widened doorway, or an added air conditioner for a medical need. In private, non-subsidized housing the tenant pays for the modification. That flips in federally subsidized housing, where the provider covers a reasonable modification unless it is an undue financial or administrative burden. When in doubt, ask whether the request changes a rule (you handle it) or changes the walls (usually the tenant funds it, absent a subsidy).
The interactive process New Hampshire expects
Once a request comes in, New Hampshire expects a real back-and-forth. After a tenant asks, you and the tenant are to engage in an interactive, cooperative process and both make a good-faith effort to find a workable solution. A request does not need magic words or a form; a plain statement that a change is needed because of a disability triggers the duty.
If the disability and the disability-related need are obvious, you may not demand paperwork. If they are not obvious, you may ask for reliable documentation confirming the disability and the need for the specific change, typically a note from a treating provider. You cannot demand a diagnosis, medical records, or the tenant's full history. Silence or foot-dragging is itself a denial risk, so respond promptly and in writing, and if you cannot grant the exact request, propose an alternative that meets the need.
Restoration, escrow, and workmanlike installation
Allowing a modification does not mean surrendering control of the property. For tenant-funded modifications you may reasonably require that the work be done in a workmanlike manner, with any necessary permits, and by a qualified installer. Where it is reasonable, you may require the tenant to restore the interior to its prior condition when they move out, ordinary wear and tear excepted. You are not entitled to restoration of changes that would not interfere with the next tenant's use, such as lowered environmental controls left in place.
To secure restoration you may require a reasonable escrow of the estimated restoration cost, paid over a reasonable period. That escrow tool is not available in federally subsidized units. Exterior and common-area modifications generally do not have to be restored because they benefit later residents.
Assistance animals are an accommodation, not a pet
Service animals and emotional support animals are treated as a reasonable accommodation, not as pets, under both the FHA and RSA 354-A. That means no pet deposit, pet fee, or pet rent, and your breed, size, and no-pet rules do not apply to the animal. If the disability or the need is not obvious, you may request documentation of the disability and the disability-related need for the animal, but not for a visibly needed service dog.
The animal is not a blank check. You may still act if the specific animal poses a direct threat to others or causes substantial property damage that cannot be reduced by another reasonable accommodation, based on the individual animal's conduct, not on breed reputation. The tenant remains responsible for actual damage the animal causes and for keeping it under control.
When you can lawfully say no
The right to say no is narrow and fact-specific. You may deny a request when it is not necessary because of a disability (no nexus between the disability and the change), when it would impose an undue financial or administrative burden, when it would fundamentally alter the nature of your operations, or when the person or animal poses a direct threat to the health or safety of others that cannot be reduced by another accommodation. Cost alone rarely justifies denial of a low-cost policy change.
Before you refuse, document the interactive process and offer any less burdensome alternative that still meets the need. A denial that skips that step is where landlords lose. Enforcement runs through the New Hampshire Commission for Human Rights (603-271-2767); a tenant has 180 days to file there under RSA 354-A:21 and one year to file with HUD's Fair Housing Hub. There is no filing fee and the tenant needs no lawyer, so treat every request seriously and in writing.
New Hampshire Service-Animal Misrepresentation Statute
This statute is generally enforced in public-accommodation contexts (restaurants, retail) rather than as part of a landlord-tenant dispute. For housing, the practical landlord defense against a fraudulent ESA claim is to require reliable documentation from a healthcare professional with a therapeutic relationship to the tenant, not to attempt criminal enforcement.
The Cost of Mishandling a Reasonable-Accommodation Request
The most common mistake in New Hampshire reasonable-accommodation cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more than HUD permits, or imposes a pet fee on an assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied.
Reasonable Modification, Often Confused With Accommodation
Reasonable modification (42 U.S.C. § 3604(f)(3)(A)) is a structural change, a grab bar, a ramp, lowered cabinets. The tenant pays. The landlord must permit the modification and may require restoration to original condition at move-out (except for changes that would not significantly affect re-rental). Reasonable accommodation is a change to a rule or policy. The landlord pays no out-of-pocket cost; the cost is administrative. New Hampshire follows the federal rule.
City-Level Eviction Risk in New Hampshire
Reasonable-accommodation litigation rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(A) and (B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671 (civil penalties).
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- HUD guidance: HUD/DOJ Joint Statement on Reasonable Accommodations (May 17, 2004); HUD FHEO Notice 2020-01 (Jan 28, 2020).
- New Hampshire fair-housing statute: N.H. Rev. Stat. § 354-A:8 et seq..
- New Hampshire misrepresentation statute: N.H. Rev. Stat. § 167-D:9.
Related Guides for New Hampshire Landlords
This page summarizes New Hampshire's fair housing accommodation and modification duties under RSA 354-A (RSA 354-A:8, 354-A:10, and 354-A:21) and the federal Fair Housing Act (42 U.S.C. 3604(f)), as enforced by the New Hampshire Commission for Human Rights (603-271-2767) and HUD's Boston Fair Housing Hub (1-800-827-5005). Statutes, agency practice, and case law change; this is general information for landlords, not legal advice. For a specific request or dispute, consult a New Hampshire landlord-tenant attorney or contact the Commission or the Disability Rights Center-NH (1-800-228-0432).
Frequently Asked Questions
Does New Hampshire law require more than the federal Fair Housing Act on accommodations?
No. New Hampshire's RSA 354-A mirrors the federal Fair Housing Act's substantive standard for reasonable accommodations and modifications rather than exceeding it. RSA 354-A:8 makes disability-free housing a civil right and RSA 354-A:10 makes refusal an unlawful practice. What NH adds is a separate state agency and a 180-day state filing window, alongside the federal one-year HUD deadline.
Who pays for a wheelchair ramp or grab bars in a New Hampshire rental?
In private, non-subsidized housing the tenant pays for reasonable modifications like ramps, grab bars, or an added air conditioner. In federally subsidized housing, the provider must cover a reasonable modification unless it is an undue financial or administrative burden. You may require the work be done properly and, in unsubsidized units, that the interior be restored when the tenant leaves.
Can I charge a pet deposit for an emotional support animal in NH?
No. Assistance animals, including emotional support animals, are a reasonable accommodation, not pets. You cannot charge a pet deposit, pet fee, or pet rent, and your breed, size, or no-pet rules do not apply. The tenant is still responsible for any actual damage the animal causes, and you may act if the specific animal poses a direct threat or causes substantial unabated damage.
What documentation can I ask for with an accommodation request?
If the disability and the need are obvious, you may not ask for documentation. If either is not obvious, you may request reliable documentation confirming the disability and the disability-related need for the specific change, usually a note from a treating provider. You cannot demand a diagnosis, full medical records, or the tenant's medical history.
When can I legally deny a request in New Hampshire?
You may deny when the change is not necessary because of a disability, would impose an undue financial or administrative burden, would fundamentally alter your operations, or when the person or animal poses a direct threat that cannot be reduced by another accommodation. Document the interactive process and offer an alternative before refusing, because a bare denial is where landlords face liability.
How long does a tenant have to file a complaint over a denied accommodation?
A tenant has 180 days to file with the New Hampshire Commission for Human Rights under RSA 354-A:21, and one year to file with HUD under the federal Fair Housing Act. There is no filing fee and no attorney is required, so respond to every request promptly and keep written records of your interactive process.
Federal authority: 42 U.S.C. § 3604(f); 28 C.F.R. § 36.302; HUD FHEO Notice 2020-01. State authority: N.H. Rev. Stat. § 354-A:8 et seq.; N.H. Rev. Stat. § 167-D:9. Last updated October 23, 2026. For informational purposes only, not legal advice. Reasonable-accommodation determinations are highly fact-specific; consult a licensed New Hampshire attorney before denying any request.