Revision: March 27, 2014, midnight
HB 1409 – AS AMENDED BY THE HOUSE
6Mar2014… 0772h
2014 SESSION
05/03
HOUSE BILL 1409
AN ACT expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
SPONSORS: Rep. Long, Hills 42; Sen. Fuller Clark, Dist 21
This bill prohibits housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2014… 0772h
14-2393
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; State Commission for Human Rights; Definition of Rental Assistance and Victim of Domestic Violence Added. Amend RSA 354-A:2 by inserting after paragraph XV the following new paragraphs:
XVI. “Rental assistance” means financial assistance for housing provided through the Housing Choice Voucher program of the United States Department of Housing and Urban Development or the United States Department of Housing and Urban Development - Veterans Affairs Supportive Housing program, or notice of eligibility for such assistance.
XVII.(a) “Victim of domestic violence, sexual assault, or stalking” means a person who has a current, final protective order under RSA 173-B:5 or RSA 633:3-a, III-a or who had such an order within the previous 5 years.
(b) A victim of domestic violence, sexual assault, or stalking as defined in subparagraph (a) shall be entitled to the protections of this chapter only if the unlawful discriminatory act was directly related to the domestic violence, sexual assault, or stalking underlying the final protective order under RSA 173-B:5 or RSA 633:3-a, III-a.
2 Equal Housing Opportunity Without Discrimination a Civil Right. Amend RSA 354-A:8 to read as follows:
354-A:8 Equal Housing Opportunity Without Discrimination a Civil Right. The opportunity to obtain housing without discrimination because of age, sex, race, creed, color, marital status, familial status, receipt of rental assistance, having been a victim of domestic violence, sexual assault or stalking, physical or mental disability, or national origin is hereby recognized and declared a civil right. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person’s sexual orientation.
3 Unlawful Discriminatory Practices. Amend RSA 354-A:10 to read as follows:
354-A:10 Unlawful Discriminatory Practices. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, sublessee, assignee, managing agent, or other person having the right to rent or lease a dwelling or commercial structure or being in the business of selling or renting dwellings or commercial structures:
I. To refuse to sell or rent after the receipt of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling or commercial structure to any person because of age, sex, race, color, marital status, familial status, physical or mental disability, religion, or national origin, or because such person receives rental assistance, or because such person is or has been a victim of domestic violence, sexual assault, or stalking. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person’s sexual orientation.
II. To discriminate against any person in the terms, conditions, or privilege of sale or rental of a dwelling or commercial structure, or in the provision of services or facilities in connection therewith, because of age, sex, race, color, marital status, familial status, physical or mental disability, religion, or national origin, or because such person receives rental assistance, or because such person is or has been a victim of domestic violence, sexual assault, or stalking. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person’s sexual orientation.
III. To make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling or commercial structure that indicates any preference, limitation, or discrimination based on age, sex, race, color, marital status, familial status, physical or mental disability, religion, or national origin, or because such person receives rental assistance, or because such person is or has been a victim of domestic violence, sexual assault, or stalking, or an intention to make any such preference, limitation, or discrimination. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person’s sexual orientation.
IV. To represent to any person because of age, sex, race, color, marital status, familial status, physical or mental disability, religion, or national origin, or because such person receives rental assistance, or because such person is or has been a victim of domestic violence, sexual assault, or stalking that any dwelling or commercial structure is not available for inspection, sale, or rental when such dwelling is in fact so available. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person’s sexual orientation.
V. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular age, sex, race, color, marital status, familial status, physical or mental disability, religion, or national origin. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person’s sexual orientation.
VI. To evict a tenant solely on the grounds that the person has acquired immune deficiency syndrome (AIDS) or is regarded to have acquired immune deficiency syndrome.
VII. For any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of age, race, color, religion, sex, disability, familial status, marital status, or national origin, or because such person receives rental assistance, or because such person is or has been a victim of domestic violence, sexual assault, or stalking. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person’s sexual orientation.
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.
4 Effective Date. This act shall take effect January 1, 2015.