The New Hampshire rental application form is a document that landlords use to screen potential tenants for a lease agreement. The information collected includes financial information and rental history that the landlord or agent may use to make a determination on the property.
- Application Fee – in New Hampshire, there is no limit to the application fees being charged.
- Discrimination Laws – New Hampshire does not have specific state protections against discrimination, but federal law makes it illegal in New Hampshire to ask about race, color, religion, nationality, sex, disabilities, or familial status (such as children who will live in the property), with some exceptions.
- Consent for Credit Check – the Federal Credit Reporting Act (FCRA) requires a prospective tenant to give written consent to check their credit history during the screening process.
New Hampshire Rental Application Laws
The following laws apply to the application and tenant screening process in the state of New Hampshire.
Collecting an Application Fee in New Hampshire
While other states specify a maximum amount to collect as a rental application fee, New Hampshire does not have any limitations on who can charge the application fee, or how much this fee can be.
Illegal Housing Discrimination in New Hampshire
Federal and state laws are in effect in New Hampshire to protect potential renters from unfair discrimination during the application process.
Fair Housing Act
The Federal Fair Housing Act makes it illegal to discriminate against the following protected classes:
- National Origin (Nationality)
- Familial Status (having or not having children)
- Disability (Physical or Mental)
As a result, asking about any of these items on a rental application form (and/or using them to base an application decision on) is not allowed.
New Hampshire Fair Housing Laws
Additionally, New Hampshire state law adds protections for the following classes:
- Marital Status
- Sexual Orientation
- HIV/AIDS Status
- Gender Identity
These criteria may not be asked about in writing or in person, and may not be used in the consideration of a rental application.
Exemptions to Fair Housing Laws
Exemptions from Fair Housing laws do exist. In New Hampshire, the following exemptions are allowed:
- Age/Familial Status – it is acceptable to ask about and base an application decision on applicant age and/or if children will occupy the rented premises in any of the below cases:
- Property providing three or fewer dwellings, with one being the owner or a member of their family.
- Rental of a room with 5 or fewer rooms for rent if the owner or their family member resides in a room.
- Housing for Older Persons Exemption – landlords may ask for an applicant’s age in the case of age-restricted communities such as senior housing. This federal exemption can apply to communities of a certain age that fulfill other requirements.
- Religious Organizations – religion can be used as a basis for giving preference to certain applicants for property that is owned, operated, supervised, or controlled by a religious organization that does not rent for commercial purposes. However, other protected classes may not be the basis for making a decision as a result of this exemption. 42 U.S. Code § 3607
- Private Clubs – private clubs that operate without public access or commercial intent may provide preferential treatment of applications for lodgings owned or operated by the club. 42 U.S. Code § 3607
Federally, race is a non-exemption criteria that cannot have an influence on the choice of whether to rent to an applicant or not regardless of existing exemptions.
Consent for Credit Checks
Before a landlord can run a credit check based on the prospective tenant’s information on the submitted rental application, the Federal Credit Reporting Act requires that written consent must be given by the applicant. This written consent can be given via a statement of such and signature on the rental application form itself, or via a separate consent form (example template).
New Hampshire Security Deposit Law
If an applicant is approved, the following laws apply to the collection of security deposits in New Hampshire:
- Standard Limit / Maximum Amount: New Hampshire landlords may charge no more than $100 or 1 month’s rent for a security deposit, whichever is greater. The tenant also has the option to purchase a surety bond in lieu of a security deposit.
- Receipt Requirements: The landlord must provide a signed receipt stating the amount and holding location of the security deposit or surety bond. However, if the security deposit is paid using a check, no receipt is required.
- Financial Holdings: Security deposits should be held in a financial institution within the state, separate from the landlord’s personal finances.
Sending Rental Application Forms
Landlords can send rental application forms to tenants in one of two ways:
- Manually – using the PDF and Word templates available for free on our website (see the top right of this webpage), landlords can send a rental application form to tenants via a physical copy or email.
- With Software – most popular property management software services include an online rental application form that can automate the collection and screening process for landlords.
For reviews of popular property management software, click here.
Processing a Rental Application
The next step in the tenant screening process is to use the information on the rental application form to conduct a background check:
- Credit Check – subject to the tenant’s written consent, a credit check will either provide a simpler “pass/fail” report, or a full credit report including the tenant’s credit score and information about their income, employment, past addresses, credit inquiries and more.
- Eviction Check – an eviction check aims to show the tenant’s history of eviction filings or judgments against them at any point in the last 7 years.
- Criminal History Check – a criminal history check aims to show any records involving the tenant in state court criminal records or in databases such as the national sex offender public registry.
New Hampshire Eviction Record Search
In New Hampshire, evictions are public record, which means they can be accessed by anyone.
Landlords have the option to use a third-party service to collect information, in addition to the option of the state’s on-demand record requesting system.
To access the eviction records:
- Visit the New Hampshire Odyssey Portal.
- Create an account.
- Select ‘General Public’ from the dropdown Role menu to request access.
- Read and agree to the court’s terms and conditions to continue.
- Enter the applicant’s name into the appropriate fields and any cases involving the applicant will pop up.
- Select the case number to view a summary of the case. At this time, documents in cases are not available for viewing by non-attorney parties or parties not involved in the cases.
Responding to Rental Applications
If an applicant meets all of your tenant screening criteria, then there’s nothing you need to do beyond notifying them and moving forward with the normal leasing process.
However, if you acquire a consumer report for an applicant (i.e. credit, eviction or criminal history) and you make an “adverse action” against them (EVEN IF the report’s information wasn’t the primary reason for doing so), you are required to provide the tenant with a notice letter that includes certain details, known as an “adverse action notice”.
An adverse action is defined as either rejecting the applicant or instituting additional/higher requirements than you have for another applicant (i.e. requiring a co-signer, larger security deposit, higher rent or an additional deposit).
In these cases, an adverse action notice is required to be sent to the applicant, and must include the following:
- The agency’s name, address and phone number that supplied the report.
- A statement explaining that the CRA didn’t make the decision for the adverse action themselves, and as a result, that they can’t explain why the decision was made.
- A statement explaining the applicant’s right to dispute such information and their right to a copy of the report in question within 60 days.
To learn more about requirements surrounding adverse action notices, see this article from the Federal Trade Commission. To get an idea of what an adverse action notice might look like, see this example letter.
Additionally, to protect against accusations of illegal discrimination, it is always recommended to include the exact reason why the application was not approved in the rejection letter.