Fair Housing Rights of 
People with Disabilities

In both private and public housing, federal and state laws protect the rights of people with 
disabilities. 
Prohibited: discrimination against people with disabilities. 
It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. 
A housing provider may not impose different application or qualification criteria, rental fees or sales 
prices, and rental or sales terms or conditions than those required of or provided to persons who are 
not disabled. 
Example: A housing provider may not refuse to rent to an otherwise qualified individual with a mental 
disability because s/he is uncomfortable with the individual's disability. Such an act would violate the 
Fair Housing Act because it denies a person housing solely on the basis of their disability. 

Required: housing providers must make reasonable accommodations for people with 
disabilities. 
A reasonable accommodation is a change in rules, 
policies, practices, or services so that a person with a 
disability will have an equal opportunity to use and enjoy a 
dwelling unit or common space. A housing provider should 
do everything s/he can to assist, but s/he is not required to 
make changes that would fundamentally alter the program 
or create an undue burden. Reasonable accommodations 
may be necessary at all stages of the housing process, 
including application, tenancy, or to prevent eviction. 
Example: A reasonable accommodation for a tenant with 
mobility impairment would be to fulfill a tenant's request for a reserved parking space in front of the 
entrance to their unit, even though all parking is unreserved. 

Required: housing providers must 
allow persons with disabilities to 
make reasonable modifications. 
A reasonable modification is a structural 
modification that is made to allow people 
with disabilities the full enjoyment of 
the housing and related facilities. 
Examples of a reasonable modification 
would include allowing a person with a 
disability to: install a ramp into a building, 
lower the entry threshold of a unit, 
or install grab bars in a bathroom. 
Reasonable modifications are usually 
made at the resident's expense. 
However, there are resources available 
for helping fund building modifications. 
Additionally, if you live in Federally 
assisted housing the housing provider 
may be required to pay for the modification 
if it does not amount to an undue 
financial and administrative burden. 


Who qualifies as a person with a disability? 
Federal laws define a person with a disability 
as "Any person who has a physical or mental 
impairment that substantially limits one or 
more major life activities; has a record of such 
impairment; or is regarded as having such an 
impairment." Major life activities include 
walking, talking, hearing, seeing, breathing, 
learning, performing manual tasks, and caring 
of oneself. 
Are there exceptions under state and 
federal law? 
Yes. Some housing is exempted from 
Fair Housing law. This includes owneroccupied 
buildings with no more than 
three units if the owner lives in one of 
the units. Single family housing that is 
sold or rented by the owner is also 
exempt, if the owner does not own more 
than one such single family home and if 
the owner does not go through a rental 
agent. There are also limited exemptions 
for religious organizations, private 
clubs, and nonprofit organizations. 


Does the DRC take housing 
cases?  
The DRC may be able to help you if you are experiencing discrimination 
in housing due to a disability, such as: 
• Your landlord refuses to make reasonable accommodations 
for your disability 
• You are threatened with eviction due to your disability 
• A landlord refuses to rent to you due to your disability or that 
of a family member 
You may also contact: 

New Hampshire Legal Assistance 
Claremont: 1-800-562-3994
Littleton: 1-800-548-1886
Manchester: 1-800-562-3174
Nashua: 1-800-517-0577
Portsmouth: 1-800-334-3135


More information about housing and your legal rights is on the 
DRC website, www.drcnh.org

Disabilities Rights Center 
 
The Disabilities Rights Center is 
dedicated to eliminating barriers existing 
in New Hampshire to the full and equal 
enjoyment of civil and other legal rights 
by people with disabilities. 
Protection and 
Advocacy System 
for New Hampshire 
18 Low Avenue 
Concord, NH 03301 
Phone: 603-228-0432 or 
1-800-834-1721 (voice/ TTY) 
Fax: 603-225-2077 
Email: advocacy@drcnh.org