Alabama Accessible Apartment Laws for New Construction: What Renters Need to Know
Looking for an accessible apartment in Alabama? It’s important to understand the rights and requirements set by state and federal law for new apartment and multifamily housing construction. This guide explains what renters need to know about accessible unit requirements in new construction, disability accommodations, and how to request changes if you have a disability.
Understanding Accessibility Requirements in New Construction
When a new apartment building is constructed in Alabama, there are regulations ensuring a percentage of units — as well as common areas — are accessible to people with disabilities. These rules help ensure equal housing opportunities for everyone.
Key Accessibility Laws Affecting Alabama Renters
- Federal Fair Housing Act (FHA): Requires most new multifamily dwellings built since March 13, 1991, with four or more units, to meet basic accessibility standards.
- Americans with Disabilities Act (ADA): Applies to public and common use areas of rental properties, but not individual apartment units. See 2010 ADA Standards.
- Alabama Uniform Residential Landlord and Tenant Act: Covers tenant-landlord relationships, including basic maintenance and modification rights for tenants with disabilities.[1]
Developments that receive federal financial assistance (like tax credits or HUD funding) may have even stricter requirements under Section 504 of the Rehabilitation Act.
What Must Be Accessible in New Apartment Buildings?
- Accessible building entrances with no steps
- Accessible and usable public/common areas (such as laundry rooms, lobbies, mailboxes)
- Doors wide enough for wheelchairs
- Accessible routes into and through each unit
- Light switches and thermostats at reachable heights
- Reinforced bathroom walls for grab bars
- Kitchens and bathrooms usable by people with disabilities
For specific details, review the U.S. Department of Housing and Urban Development's Fair Housing Accessibility Requirements guide (PDF).
How Does This Apply to Alabama Rentals?
If you’re searching for a newly built apartment or townhouse with four or more units (first occupied after March 13, 1991), a portion will be built to these accessibility standards by law.
Reasonable Accommodations and Modifications
Beyond new construction accessibility, Alabama law requires landlords to consider reasonable accommodations (policy changes) and reasonable modifications (physical changes) for tenants with disabilities so they can fully enjoy their home.[2]
- Reasonable Accommodation: A renter can request a change to a rule or policy, such as a reserved accessible parking spot or assistance animal.
- Reasonable Modification: Physical changes inside the unit, such as installing grab bars in a bathroom. Renters may pay for these changes. Details in HUD’s Reasonable Accommodations brochure.
Requesting a Disability Accommodation or Modification in Alabama
A request can be made either verbally or in writing. For clarity and record-keeping, it's best to submit a written request. Include your name, address, the accommodation or modification you need, and how it relates to your disability.
Official Accommodation/Modification Request Forms
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HUD Form 903.1 – Housing Discrimination Complaint Form
HUD Form 903.1 is used if your landlord denies a reasonable accommodation or you face discrimination based on disability. You can complete it online, mail it, or call HUD directly. Example: If your landlord refuses to allow a wheelchair ramp that you need, you would submit this form to HUD.
There is no Alabama statewide specific form for accommodation requests, but writing a clear letter or using HUD’s sample templates is accepted.
Enforcement and Where to File Complaints
If you believe your rights have been violated and your rental home is not accessible, you may file a complaint with one of these agencies:
- U.S. Department of Housing and Urban Development (HUD): File online or call. Visit the HUD Fair Housing Complaint Portal.
- Alabama Department of Economic and Community Affairs (ADECA) – Fair Housing: ADECA assists with housing complaints and guidance. Learn more at the ADECA Fair Housing website.
The official board handling residential tenancies and rental law disputes in Alabama is the Alabama Attorney General’s Office (while Alabama does not have a separate housing tribunal).
If you need a disability accommodation or modification, always put your request in writing and keep a copy. If a landlord refuses unreasonably, official complaint options are available.
FAQ: Accessible Unit Requirements in Alabama New Construction
- Do all new apartments in Alabama have to be wheelchair accessible?
Not all units — but all new multifamily buildings (four or more units, built after March 13, 1991) must include a portion of units and all common spaces that are accessible to people with disabilities. - Who is responsible for paying for accessibility modifications in my rental?
If you request a reasonable modification inside your unit (like grab bars), you may be required to pay. But if it’s a required feature in new construction or a public/common area, the landlord must provide it at no cost to the tenant. - What should I do if my landlord refuses my disability accommodation request?
Respond in writing, keep records, and consider filing a complaint with HUD or ADECA — both have official processes for investigating housing discrimination. - Is there a specific accommodation request form for Alabama?
There’s no state-mandated form, but you can use a written letter or HUD’s sample request templates. For complaints, use HUD Form 903.1. - Are there additional protections if my rental was funded with federal money?
Yes; apartments built with HUD funds or federal tax credits can have stricter accessibility standards, such as a greater number of accessible units and requirements under Section 504.
Conclusion and Key Takeaways
- Federal law requires accessible units and features in newly built Alabama apartment buildings (since 1991) with four or more units.
- Renters with disabilities have the right to request reasonable accommodations and modifications, using written requests for clarity.
- If denied or discriminated against, official complaint forms and government help are available at no cost.
Understanding your rights is the first step to securing a safe, accessible rental home in Alabama.
Need Help? Resources for Renters
- HUD Fair Housing Complaint Portal – File discrimination and accessibility complaints online or by phone.
- ADECA Fair Housing Program – State guidance and referral for rental complaints.
- HUD: Fair Housing Accessibility Requirements – Official guide (PDF) for renters and landlords.
- Alabama Uniform Residential Landlord and Tenant Act (2023) – The current Alabama law for rental housing.
- Alabama Attorney General’s Office – State resource for tenant-landlord disputes, consumer protection, and legal assistance.
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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