Revision: Dec. 11, 2025, 4:08 p.m.
HB 1709-FN - AS INTRODUCED
2026 SESSION
26-2669
04/09
HOUSE BILL 1709-FN
SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44; Rep. Kuttab, Rock. 17; Rep. Peternel, Carr. 6; Rep. Rice, Hills. 38; Rep. Perez, Rock. 16; Sen. Innis, Dist 7; Sen. Sullivan, Dist 18
COMMITTEE: Housing
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ANALYSIS
This bill requires individuals applying for residential rental housing in New Hampshire to disclose if they are not United States citizens or lawfully present in the United States.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2669
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Disclosure of Immigration of Citizenship Status by Rental Applicants. Amend RSA 540 by inserting after section 30 the following new section:
540:31 Rental Nondisclosure of Immigration Status.
I. A person commits an offense if such person, when applying for residential housing in New Hampshire, knowingly fails to disclose in writing that the person is not a United States citizen or not lawfully present in the United States.
II. For purposes of this section, a person shall be regarded as lawfully present in the United States only if their immigration status has been verified by the federal government pursuant to 8 United States Code, section 1373(c). No landlord or property manager shall attempt to independently determine an applicant's immigration status.
III. An applicant shall be presumed to be lawfully present if they present one of the following forms of identification:
(a) A valid, unexpired New Hampshire driver's license or nondriver identification card.
(b) A valid tribal enrollment card or other tribal identification bearing a photograph or biometric identifier.
(c) A valid federal or state government-issued identification bearing a photograph or biometric identifier, issued by an entity that requires proof of lawful presence.
(d) A foreign passport with an unexpired United States visa and a corresponding Department of Homeland Security admission stamp.
(e) A foreign passport from a visa waiver country with a valid entry stamp and unexpired duration of stay annotation or I-94W form.
IV. Any person who violates paragraph I shall be guilty of a class B felony.
2 Effective Date. This act shall take effect 60 days after its passage.
26-2669
12/9/25
HB 1709-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association