N.H. Rev. Stat. Ann. § 354-A: § 354-A:15
Exemptions.
Operative Text
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.
N.H. Rev. Stat. Ann. § 354-A:15 carves out specific situations where the fair housing prohibitions of RSA 354-A:10 do not apply. These exemptions cover scenarios such as owner-occupied small multi-family buildings, private sales of single-family homes meeting certain conditions, room rentals in an owner's primary residence, housing designated for older persons, and religious organizations limiting occupancy to members of their faith. Notably, several exemptions explicitly do not extend to the anti-discriminatory advertising provisions of RSA 354-A:10, VII, meaning that even exempt sellers and landlords must still avoid discriminatory advertising.
Plain English — not legal advice.
Under § 354-A:15, property owners who may qualify for an exemption—such as those renting in a small owner-occupied building of four or fewer units, or selling a single-family home privately without a broker—should be aware that the exemption does not eliminate all fair housing obligations, particularly those related to advertising. Operators of housing marketed as 'housing for older persons' under § 354-A:15, VIII must ensure they meet and document the applicable age-occupancy thresholds, publish compliant policies, and maintain verification procedures as outlined in the provision. Keeping thorough written records of compliance with each exemption's specific criteria is a practice commonly associated with operators who successfully rely on these carve-outs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 354-A:15 defines the boundaries of when New Hampshire's fair housing protections under RSA 354-A:10 may not apply, which means tenants should understand that not every housing situation is covered by the full scope of those protections. However, even in exempt contexts, certain protections—such as those against discriminatory advertising—remain in force, and tenants who believe they have encountered a violation in an ostensibly exempt setting may wish to consult a tenant-rights organization or contact the New Hampshire Commission for Human Rights to explore whether the exemption was properly applied. Tenants facing potential discrimination in 'housing for older persons' contexts can also note that § 354-A:15, VIII(c) limits personal liability only for those who relied in good faith on the exemption, which may be relevant when evaluating whether a housing provider acted appropriately.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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