CHAPTER 126
HB 689-FN – FINAL VERSION
04Jan2006… 0033h
2006 SESSION
08/03
HOUSE BILL 689-FN
AN ACT relative to the jurisdiction of the New Hampshire commission for human rights over housing discrimination cases.
This bill makes various changes to certain discrimination laws to create substantial equivalency with federal law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Jan2006… 0033h
05-0737
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the jurisdiction of the New Hampshire commission for human rights over housing discrimination cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
126:1 New Paragraph; Unlawful Discriminatory Practices. Amend RSA 354-A:10 by inserting after paragraph VII the following new paragraph:
VIII. To deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against that person in the terms or conditions of such access, membership, or participation, on account of age, familial status, sex, race, color, creed, disability, national origin, marital status, or sexual orientation.
126:2 Unlawful Housing Discrimination. Amend RSA 354-A:12, II(a) to read as follows:
(a) That [buyer or renter] person.
126:3 Procedures on Complaints; Transcripts for Indigents. Amend RSA 354-A:21, II(c) to read as follows:
(c) The case in support of the complaint may be presented before the commission by the complainant or complainant’s representative and the commissioner who shall have previously made the investigation and caused the notice to be issued shall not participate in the hearing except as a witness, nor shall he participate in the subsequent deliberation of the commission in such case; and the aforesaid endeavors at conciliation shall not be received in evidence. The respondent shall file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. The commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his other answer. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and transcribed at the request of any party. The cost of transcription shall be borne by the party requesting the transcript unless the party is indigent, in which case the commission shall pay the cost.
126:4 Procedures on Complaints; Eliminating Award of Attorney Fees. Amend RSA 354-A:21, II(f) to read as follows:
(f) If upon all the evidence the commission shall find that a respondent has not engaged in any such unlawful discriminatory practice, the commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent. A copy of its order shall be delivered in all cases to the attorney general, and such other public officers as the commission deems relevant or proper. The commission shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure and its own actions thereunder. [If the commission finds that the complaint is frivolous, unreasonable, or without foundation, then the commission, upon motion of the respondent or on its own motion, may award against the complainant the amount of costs and attorneys’ fees incurred by the respondent, provided such costs and fees are reasonable.]
126:5 Choice of Forum. Amend RSA 354-A:21-a, I to read as follows:
I. Any party alleging to be aggrieved by any practice made unlawful under this chapter may, at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing, but not later than 3 years after the alleged unlawful practice occurred, bring a civil action for damages or injunctive relief or both, in the superior court for the county in which the alleged unlawful practice occurred or in the county of residence of the party[, to the same extent as damages and injunctive relief could be awarded by the commission in a complaint not removed]. Any party alleged to have committed any practice made unlawful under this chapter may, in any case in which a determination of probable cause has been made by the investigating commissioner, remove said complaint to superior court for trial. A court in cases so removed may award all damages and relief which could have been awarded by the commission, except that in lieu of an administrative fine, enhanced compensatory damages may be awarded when the court finds the respondent’s discriminatory conduct to have been taken with willful or reckless disregard of the charging party’s rights under this chapter. A superior court trial shall not be available to any party if a hearing before the commission has begun or has concluded pursuant to RSA 354-A:21, II(b), or to a complainant whose charge has been dismissed as lacking in probable cause who has not prevailed on an appeal to superior court pursuant to RSA 354-A:21, II(a). In superior court, either party is entitled to a trial by jury on any issue of fact in an action for damages regardless of whether the complaining party seeks affirmative relief.
126:6 New Paragraph; Choice of Forum. Amend RSA 354-A:21-a by inserting after paragraph II the following new paragraph:
III. The commission may, after a finding of probable cause, bring suit in superior court at its own expense on behalf of an aggrieved person in housing discrimination cases.
126:7 Effective Date. This act shall take effect July 1, 2006.
Approved: May 19, 2006
Effective: July 1, 2006