Investor · New Ipswich, NH · Member since 2014 · 2 posts · 0 votes
Hello,
This is such a great forum! I have a question for the land lords out there. My wife and I are moving into one of our apartments (4 plex) and I'm wondering if, because we will be living there as a primary residence, are we exempt from any of the renting laws? In particular, can I refuse to rent to certain protected classes like those with "companion animals"? I have a no pets policy but I'm sure the day is coming when a tenant will appear with a emotional support pony or some such....
We are in NH and I seem to remember that, if a rental is a primary residence, the owner has some additional flexibility in the law.
If you are owner occupying a four unit or less property you are exempt from the federal fair housing acts. If that will apply to companion animals is an open question.
The emotional support animals and how to deal with them is a hot topic right now, at least in Ohio. I had actually had an attorney answer, "We don't know yet" to a question regarding this issue because there have been no precedence set.
In saying that, always error on the side of sound judgement. Certainly check your local laws. But figure out a way to not deny them residency. IE dodge the question and find another way to not rent to them. Ask them questions about their animal to find a way for them to disqualify themselves. I understand this may not make a ton of sense because its higher level stuff but the a great book to check out is "Landlording on Autopilot." The author gives a ton of great nuggets of how to do what I'm talking about.
If you are owner occupying a four unit or less property you are exempt from the federal fair housing acts. If that will apply to companion animals is an open question.
My understanding is that if you live in a small multifamily you may discriminate in NH. Of course I am not an attorney and this will not protect you from frivolous law suits from people that do not understand that you are allowed to...