RR
Rent Regulations

N.H. Rev. Stat. Ann. § 540: § 540:9-a

Payment by Voucher and Application of Rents Paid by a Municipality.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireSource of Income Protection

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:9-a
I. Any rental payment or partial rental payment tendered by the tenant in the form of a written promise to pay on behalf of the tenant by the state, a county or a municipality of this state, or a payment by any organization which disburses federal or state funds, and any application by a municipality of amounts owed to it by a landlord pursuant to RSA 165:4-a, shall constitute payment by the tenant of the amount represented in the voucher, and of any amount applied by a municipality to delinquent balances of the landlord; provided, that this section shall not be construed to obligate a landlord to accept partial rental payments.
II. In any eviction based on non-payment of rent, it shall be an affirmative defense that:
(a) The tenant tendered timely payment pursuant to paragraph I, and such payment was refused; or
(b) The tenant could have tendered timely payment pursuant to paragraph I had the landlord provided ordinary and reasonable verification of rental information requested by the agency.
Source: Legislative text reproduced verbatim
Plain English

New Hampshire Revised Statutes § 540:9-a addresses situations where rent is paid through government vouchers, municipal funds, or organizations disbursing federal or state money. When such a payment is tendered on a tenant's behalf, it counts as the tenant's own payment for the amount represented, including any municipal offsets applied against a landlord's delinquent balances. The provision also establishes that a landlord's refusal of a timely voucher payment, or failure to provide verification information needed to process one, can serve as an affirmative defense in an eviction proceeding based on non-payment of rent.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Under § 540:9-a, operators who receive tenants with government-backed vouchers or municipal assistance payments generally treat those payments as equivalent to direct tenant payments for the covered amount. Compliant operators typically respond to reasonable requests from agencies for rental verification information, since a failure to do so can give rise to an affirmative defense for the tenant in any subsequent non-payment eviction action. The provision does not require a landlord to accept partial rental payments, so operators should be aware of that distinction when evaluating voucher amounts that do not cover the full rent.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 540:9-a of New Hampshire law recognizes that payments made on your behalf by the state, a county, a municipality, or a qualifying organization count as your own rental payment. If a landlord refuses a timely voucher payment, or if the landlord's failure to provide ordinary verification information to the paying agency prevented the payment from being processed, those circumstances may be raised as an affirmative defense in an eviction case based on non-payment of rent. Tenants facing such a situation may wish to document all payment attempts and agency communications, and can consult a tenant-rights organization or legal aid office familiar with New Hampshire housing law for general information about how this defense works.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

N.H. Rev. Stat. Ann. § 165:4-a
Not yet ingested

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:4
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:13-d
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:1-b
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540:11-b
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:20
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:9
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540

Related Rules

§ 5.1
Affirmative Fair Housing Marketing
§ 8-348
Residence mobility counseling program.
§ 1701z–12
Housing access

Source Information

Source:https://gc.nh.gov/rsa/html/LV/540/540-9-a.htm
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