Bill Text: NH HB1143 | 2014 | Regular Session | Introduced
Bill Title: Relative to the New Hampshire Law Against Discrimination.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2014-04-17 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; Senate Journal 9 [HB1143 Detail]
Download: New_Hampshire-2014-HB1143-Introduced.html
HB 1143 – AS INTRODUCED
2014 SESSION
05/01
HOUSE BILL 1143
AN ACT relative to the New Hampshire Law Against Discrimination.
SPONSORS: Rep. L. Ober, Hills 37; Rep. Umberger, Carr 2; Rep. Rosenwald, Hills 30; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Stiles, Dist 24
This bill makes certain changes to the state Law Against Discrimination to conform to the federal Fair Housing Act, as amended in 1988, 42 U.S.C. section 3601 et seq.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2296
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the New Hampshire Law Against Discrimination.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Change “Creed” or “Religious Creed” to “Religion.” Amend the following RSA provisions by replacing “creed” or “religious creed” with “religion”: RSA 354-A:1; 354-A:5, VIII; 354-A:6; 354-A:7, III; 354-A:8; 354-A:10,VIII; 354-A:16; 354-A:17; and 354-A:25.
2 Definition of Multiple Dwelling. Amend RSA 354-A:2, XI to read as follows:
XI. “Multiple dwelling” means [2] 4 or more dwellings, as defined in paragraph V, occupied by families living independently of each other.
3 Definition of Person. Amend RSA 354-A:2, XIII to read as follows:
XIII. “Person” includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, legal representatives, mutual companies, joint-stock companies, trusts, trustees, fiduciaries, trustees in bankruptcy, receivers, and the state and all political subdivisions, boards, and commissions thereof.
4 Definition of Reasonable Accommodation. Amend RSA 354-A:2, XIV-b to read as follows:
XIV-b. “Reasonable accommodation” may include, but not be limited to:
(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
(b) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(c) Making the use and equal enjoyment of dwellings, facilities, and services associated with housing accessible to and usable by individuals with disabilities by modifying rules, policies, practices, or services in housing.
(d) Making the use and equal enjoyment of public accommodations accessible to and usable by individuals with disabilities by modifying policies, practices or services to provide such access.
5 Unlawful Discriminatory Practices. Amend the introductory paragraph of 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]:
6 Fair Housing Exemptions. Amend RSA 354-A:13, I(b) and (c) to read as follows:
(b) To the rental of [a housing accommodation] living quarters in a building which contains [housing accommodations] living quarters for not more than 3 families living independently of each other, if the owner [or members of his family reside in one of such housing accommodations] resides in one of the living quarters; or
(c) To the rental of a room or rooms in a [housing accommodation] dwelling with not more than 5 such rooms, if [such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner’s family reside in such housing accommodation] one room is occupied by the owner of the dwelling.
7 Fair Housing; Exemptions; Reference Change. Amend RSA 354-A:13, II and III to read as follows:
II. Nothing in this [chapter] subdivision shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.
III. Nothing in this [chapter] subdivision shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
8 Housing for Older Persons. Amend RSA 354-A:15, IV-VI to read as follows:
IV. [In determining] Determination of whether housing qualifies as housing for persons 55 years or older[, the commission shall adopt rules which require at least the following factors] shall be based on the following requirements:
(a) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and service is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
(b) [That] At least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
(c) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
V. Housing shall not fail to meet the requirements for housing for older persons by reason of:
(a) Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of [paragraphs] RSA 354-A:15, II or III, provided, that new occupants of such housing meet the age requirements of [paragraph] RSA 354-A:15, II or III.
(b) Unoccupied units, provided, that such units are reserved for occupancy by persons who meet the age requirements of [paragraph] RSA 354-A:15, II or III.
VI. Any rule concerning the exemption available under this section shall be consistent with federal law. In adopting such rules, the commission shall be guided by applicable federal regulations and interpretations concerning housing for older persons [under 42 U.S.C. section 3607(b)].
9 Public Accommodations; Exemption for Religious Organizations. Amend the subdivision heading preceding RSA 354-A:18 and RSA 354-A:18 to read as follows:
[Exemption]
354-A:18 Exemption for Religious Organizations. Nothing contained in this [chapter] subdivision shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained.
10 Retaliation and Required Records; Gender Neutral Reference Added. Amend RSA 354-A:19 to read as follows:
354-A:19 Retaliation and Required Records. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to discharge, expel, or otherwise retaliate or discriminate against any person because he or she has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under this chapter.
11 Effective Date. This act shall take effect January 1, 2015.
