Tenant Screening Laws in New Hampshire: Source of Income, Criminal History, and the Application Fee Limit
New Hampshire does not impose statewide limits on tenant application fees, does not prohibit discrimination based on source of income, and does not restrict landlords from considering criminal history during screening. Unlike states with detailed tenant selection statutes, New Hampshire leaves most screening practices to landlord discretion, governed by federal fair housing law and contract principles. The New Hampshire Attorney General Consumer Protection division enforces fair housing violations but has not issued rules capping fees or mandating voucher acceptance.
Application Fees: No Statutory Cap
No RSA provision sets a ceiling on what you may charge applicants to cover background checks, credit reports, or administrative costs. You can set fees at cost recovery levels or higher, though charging amounts far exceeding actual expenses may invite scrutiny under consumer protection doctrines. Best practice is to disclose the fee amount in writing before collecting payment and to provide a receipt. Keep documentation of third party screening costs so you can defend the reasonableness of your fee if a dispute arises.
Source of Income: No Protected Class Status
New Hampshire fair housing law mirrors federal protected classes but does not add source of income. You may legally decline applicants who rely on Housing Choice Vouchers, Supplemental Security Income, child support, or other non wage income. Many landlords accept voucher holders because the local housing authority guarantees a portion of rent, but you are not required to participate. If you choose to screen voucher tenants, apply the same credit and background standards you use for all applicants to avoid disparate treatment claims under federal law.
Criminal History: Broad Landlord Discretion
No state statute prohibits you from reviewing arrest records, conviction records, or incarceration history. You may reject applicants with any criminal background, though federal guidance warns that blanket bans on all convictions can produce disparate impact on protected classes. A safer approach is to evaluate the nature of the offense, how long ago it occurred, and whether it poses a direct risk to property or other tenants. Document your decision criteria in a written screening policy and apply it uniformly.
Federal Fair Housing Overlay
Even without state restrictions, the Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, disability, and familial status. Screening criteria that disproportionately exclude members of a protected class can trigger liability unless you prove a legitimate business justification. For example, requiring income at three times rent is lawful, but requiring ten times rent in a market where median income is four times rent may be challenged as pretextual.
What Landlords Should Do Next
Draft a written tenant selection policy that lists your income threshold, credit score minimum, and criminal history review process. Charge application fees that reflect actual screening costs and give applicants a receipt. Keep copies of all credit reports and background checks for at least one year. If you deny an application based on a consumer report, send an adverse action notice as required by the Fair Credit Reporting Act. Consult an attorney for your specific situation before implementing policies that rely heavily on criminal records or non traditional income sources.
Manorway Rentals helps New Hampshire landlords automate compliant screening workflows, generate adverse action notices, and track application fee receipts in one AI assisted platform. Visit Manorway Rentals today to see how we simplify tenant selection while keeping you on the right side of federal fair housing law.