Discrimination Based on Disability Most Common
A recent report on the impediments people face when obtaining housing provides some data about this issue and how often reports of discrimination occur. The 2020 Analysis of Impediments to Fair Housing Choice in New Hampshire, published by the New Hampshire Housing Finance Authority (NHHFA) and the Community Development Finance Authority (CDFA) and prepared by New Hampshire Legal Assistance (NHLA), found that between 2015 and 2019, there were more than 1,000 reports of housing discrimination made in New Hampshire. Of those reports, about two-thirds (63%) reported discrimination based on disability.
Most of these complaints stem from the need for accommodations or modifications. Persons with disabilities are entitled to reasonable accommodations and modifications that are directly related to their disabilities and necessary to allow them to fully use and enjoy their homes. The majority of these cases are resolved before any formal complaint is filed. Direct discrimination based on disability is less common, but often targets people with mental health disabilities.
Race and Impediments to Housing
The next two most common reports of housing discrimination were based on race (11%) and national origin (7%). Although New Hampshire is one of the whitest states in the nation, its minority population is growing. For example, in Manchester, immigration patterns are changing, with a greater percentage of immigrants coming from Latin America, Asia, and Africa, largely due to resettlement of refugees since the 1980s. In addition, population growth in New Hampshire has largely been driven in recent years by the growth in population of people of color.
The 2020 Analysis of Impediments noted a number of areas where there remain disparities in access to opportunity, including housing. Some high poverty neighborhoods in the state with significant numbers of non-White residents have met the U.S. Department of Housing and Urban Development (HUD) threshold of a racially/ethnically-concentrated area of poverty. The analysis confirmed that people living in those neighborhoods do not fare as well as the rest of the state on a variety of opportunity indicators including affordable housing choice, school proficiency, employment opportunities, and overall access to community assets.
Women and Families and Access to Housing
The next most common areas of discrimination during the reporting period were familial status discrimination (6.5%) and sex discrimination (4%). Women and families often struggle to find affordable, safe, and clean housing, and the analysis highlights these challenges. Women earn less than men, are disproportionately the victims of intimate partner and sexual violence, and constitute a greater percentage of adults in poverty.
Discrimination cases regarding familial status often arise when families are denied housing explicitly because they have children or “too many children.” NHLA’s testing program has proven effective in these types of cases, either confirming or dispelling any discriminatory behavior when it comes to renting or providing housing to families with children.
Other Analysis Findings
In addition to discrimination based on the protected classes, there are a number of impediments to safe, affordable housing in New Hampshire that are also systemic. Zoning regulations can limit development of new housing and additional dwelling units on existing homes. Incentives to build housing specifically for older residents, instead of families, has also added to the problem of lack of housing for those with children.
In addition, housing affordability has made renting and buying a home difficult. The fair market rent for a two-bedroom apartment in the state is $1,218, which would require an hourly wage of $23.43 to pay for rent and utilities without paying more than 30% of one’s income. The state has adopted the federal minimum hourly wage of $7.25 and the average renter’s wage in the state is $15.83 thus creating a significant affordability gap.
Beyond affordability, more investment is needed in the state’s Human Rights Commission to support enforcement of fair housing laws, as is utilization of lead poisoning mitigation programs to open more opportunities for housing for families with children.
If you have questions about housing discrimination, please contact NHLA’s Fair Housing Project. You can view the full 2020 Analysis of Impediments to Fair Housing Choice in New Hampshire here.
In New Hampshire, it is illegal to discriminate in the rental, sale, or financing of housing based on someone's race, color, national origin, religion, sex, familial status, disability, age, sexual orientation, marital status, or gender identity. Despite many efforts to ensure discrimination does not occur here in New Hampshire, discrimination still persists.