New Hampshire Fair Housing Exam Guide

New Hampshire Fair Housing Exam Guide

Fair housing questions appear on both the national and state sections of the New Hampshire real estate exam. This is a topic where candidates often lose easy points by mixing up protected classes or confusing federal and state law.

Federal Fair Housing Act (1968)

The federal Fair Housing Act prohibits discrimination in residential real estate transactions based on seven protected classes:

1. Race
2. Color
3. National Origin
4. Religion
5. Sex
6. Familial Status (families with children under 18, pregnant women)
7. Disability (physical and mental)

These classes apply to every state in the country.

New Hampshire Fair Housing Additions

New Hampshire extends fair housing protections beyond the federal seven. NH adds:

• Marital status
• Sexual orientation
• Gender identity
• Age
• Military status

On the exam, if a question asks "which of the following is protected under New Hampshire fair housing law but NOT under the federal Fair Housing Act," the answer will be one of these five additional classes.

Common Exam Scenarios

Steering: A licensee directs buyers toward or away from certain neighborhoods based on protected class characteristics. This is illegal under both federal and NH law.

Blockbusting: Inducing panic selling by suggesting that members of a protected class are moving into the neighborhood. Illegal.

Redlining: Refusing to make loans or provide insurance in certain neighborhoods based on the racial or ethnic composition of the area. Illegal.

Discriminatory Advertising: Any advertising that indicates a preference or limitation based on a protected class. This includes phrases like "perfect for young couples" (familial status) or "ideal for Christians" (religion).

Exemptions to the Federal Fair Housing Act

Certain transactions are exempt from the federal act (but NOT from NH state law in all cases):

• Owner-occupied buildings with four or fewer units (the "Mrs. Murphy exemption")
• Single-family homes sold or rented without using a real estate agent and without discriminatory advertising
• Housing operated by religious organizations for members
• Private clubs providing housing to members

Important: Even in exempt transactions, a licensed agent CANNOT discriminate. The exemptions only apply to non-broker private sales.

The Americans with Disabilities Act (ADA)

The ADA applies to commercial properties and public accommodations — not typically to residential sales. The Fair Housing Act's disability protections cover residential. Know the distinction.

Key NH Fair Housing Takeaway

NH has 12 total protected classes (federal 7 + 5 state additions). Always apply the stricter standard — if NH law offers more protection, NH law governs.

For more on the NH exam and licensing requirements, visit [CARealestate.com/states/new-hampshire](https://carealestate.com/states/new-hampshire).