N.H. Rev. Stat. Ann. § 354-A: § 354-A:20
Required Records.
Operative Text
It shall not be an unlawful discriminatory practice to record any data required by law, or by the rules and regulations of any state or federal agency, provided such records are kept in good faith for the purpose of complying with law, and are not used for the purpose of discrimination in violation of this chapter.
Under N.H. Rev. Stat. Ann. § 354-A:20, collecting and maintaining demographic or other data that is specifically required by state or federal law or agency regulation does not constitute unlawful housing discrimination, as long as those records are kept genuinely for compliance purposes and are not then used as a basis for discriminatory treatment. The provision carves out a narrow exception to the chapter's general anti-discrimination rules, recognizing that some recordkeeping is legally mandated. The protection disappears, however, if the records are turned around and used to discriminate against any person in violation of the broader chapter.
Plain English — not legal advice.
Property owners and managers subject to § 354-A:20 who must collect applicant or tenant data under a state or federal program—such as federally assisted housing reporting requirements—can do so without triggering a discrimination claim, provided the recordkeeping is genuinely compliance-driven. Compliant operators typically document the legal authority requiring each data element, store records securely, and maintain clear internal policies separating required data collection from any tenant-selection or rental decisions. Using mandated records as a proxy for discriminatory screening would void the protection this section provides.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 354-A:20 makes clear that a landlord's collection of legally required data is not, by itself, a discriminatory act—but the provision explicitly preserves tenants' rights if that data is then used to discriminate in violation of the chapter. If a tenant believes that information gathered under a claimed compliance purpose was actually used to deny housing or impose different terms based on a protected characteristic, that concern can be raised with the New Hampshire Commission for Human Rights, which administers Chapter 354-A. Tenant-rights organizations can help individuals understand whether a particular data use crosses the line the statute draws.
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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