Arkansas Accessible Housing: New Construction Renter Requirements

If you’re a renter in Arkansas looking for housing that meets accessibility needs, it’s essential to know your rights under state and federal law. New construction in Arkansas must include features for accessibility under the Fair Housing Act and the Arkansas Fair Housing Act. This guide explains what you should expect in new apartments, how to request accommodations, and where to turn for help.

What is an Accessible Unit in New Construction?

Accessible units are apartments or homes designed to be usable by people with disabilities. They include physical features that make living easier and safer for those using wheelchairs, walkers, or who have other mobility, visual, or auditory needs. These requirements apply to covered multifamily dwellings first occupied after March 13, 1991.

Key Accessibility Features Required

• An accessible entrance on an accessible route (no step entry or ramps)
• Doors wide enough for wheelchair passage (at least 32 inches clear width)
• Accessible routes into and throughout the dwelling
• Light switches, electrical outlets, and thermostats at reachable heights
• Bathrooms with space for wheelchair mobility
• Reinforced bathroom walls for installation of grab bars
• Kitchens and bathrooms usable by people in wheelchairs

These standards come from the federal Fair Housing Act and are also reflected in the Arkansas Fair Housing Act.^[1][2]

Which Properties Must Follow Accessibility Rules?

Not all buildings are required to have accessible units. Arkansas law follows the federal Fair Housing Act:

• Buildings with four or more units and an elevator: All units must meet accessibility standards.
• Buildings with four or more units and no elevator: All ground floor units must be accessible.
• Older buildings, single-family homes, and duplexes may be exempt, but you are always allowed to request reasonable accommodations or modifications.

Reasonable Accommodations and Modifications

Even if your unit was not originally constructed as accessible, you still have rights. Landlords must consider "reasonable accommodations" (changes to rules or policies) and "reasonable modifications" (physical changes to the unit) to allow a person with disabilities to use and enjoy their home.

Official Accommodation Request Forms

• Arkansas Fair Housing Commission Reasonable Accommodation/Modification Request Form (no specific state or federal number):
  • When to use: If you need a change in policy (like reserved parking) or permission to modify the unit (like installing grab bars).
  • How it's used: Submit to your landlord or housing provider in writing. You do not have to use an official form, but written requests are best for documentation.
  • Download official accommodation request forms here.

If Your Landlord Won’t Cooperate

If you are denied an accessible unit or reasonable accommodation, you can file a complaint with the Arkansas Fair Housing Commission—the official body that handles housing discrimination in Arkansas.

How to File a Complaint

• Arkansas Fair Housing Commission Housing Discrimination Intake Questionnaire
  • When to use: If you believe you have been denied accessible housing or an accommodation due to your disability.
  • How it's used: Complete and submit the questionnaire to start the investigation process.
  • Access the discrimination complaint form here.

The Commission will investigate and may help resolve the issue or refer it for further legal action.

What Laws Protect You?

• Federal Fair Housing Act
• Arkansas Fair Housing Act (Ark. Code Ann. §§ 16-123-301 et seq.)

These laws make it illegal for landlords to discriminate based on disability and set the requirements for accessibility in new construction.

FAQ: Accessible Housing in Arkansas

1. Do all new apartment buildings in Arkansas have to provide accessible units?
   Most new multifamily buildings with four or more units must offer accessible features, especially ground floor units.
2. What if my new building does not have an elevator?
   Accessibility requirements apply to all ground floor units. Upper levels might not be covered if no elevator exists.
3. Can I request to modify my unit if it’s not already accessible?
   Yes, you can request permission for reasonable modifications, and landlords must allow them unless there is a valid safety or financial reason.
4. Does my landlord have to pay for modifications?
   Usually, the renter pays for modifications, but some programs or funding may assist. You are typically required to return the unit to its original condition upon moving out.
5. How long do landlords have to respond to accommodation or modification requests?
   There's no exact timeframe in Arkansas law, but responses should be timely. Keep written records and follow up if you don’t hear back within two weeks.

Conclusion: Key Takeaways for Renters

• New construction with four or more units in Arkansas must have accessible features as required by federal and Arkansas law.
• Renters have the right to request reasonable accommodations or modifications if needed.
• If denied, renters can file a formal complaint with the Arkansas Fair Housing Commission.

Understanding these requirements helps you identify your options and protect your rights as a renter with accessibility needs.

Need Help? Resources for Renters

• Arkansas Fair Housing Commission: File complaints, get information, and download request forms.
• HUD Office of Fair Housing and Equal Opportunity: Federal guidance on disability accommodations.
• Disability Rights Arkansas: Advocacy and free legal assistance for Arkansans with disabilities.

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1. Fair Housing Act, 42 U.S.C. §§ 3601-3619, Federal Fair Housing Act Text
2. Arkansas Fair Housing Act, Ark. Code Ann. §§ 16-123-301 et seq., Arkansas Fair Housing Commission - About the Law

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