Accessible Housing Requirements in New California Construction

Finding a home that meets your needs can be challenging—especially if you require accessible features due to a disability. For renters in California, it’s helpful to understand the legal requirements for accessibility in newly constructed apartment buildings and what steps you can take if your rental doesn’t meet these standards.

Understanding Accessible Unit Requirements in California

In California, both federal and state laws require new apartment complexes to include accessible units and features for people with disabilities. These requirements apply to most properties built after March 13, 1991 (under federal law) and even more broadly under state law.

Relevant Laws That Protect Renters

• Americans with Disabilities Act (ADA) - Federal law banning disability discrimination
• Federal Fair Housing Act - Requires accessible design and accommodations
• California Building Code Chapter 11A & 11B - Sets construction accessibility rules for housing
• California Civil Code Section 54 - Protects rights of persons with disabilities in housing

These laws require most new multifamily housing (buildings with four or more units) to ensure that some apartments are designed to be accessible for renters with various mobility needs.

What Makes a Rental Unit Accessible?

A unit is considered accessible when it includes features such as:

• Wheelchair-accessible doorways and hallways
• Accessible route to and into the unit from the street and parking areas
• Reinforced bathroom walls for grab bars
• Accessible kitchens and light switches
• Adaptable features to accommodate various disabilities

State and federal guidelines may differ slightly, but California law often requires stricter accessibility features than federal law.

How Many Accessible Units Are Required?

For most new rental buildings in California with four or more units:

• At least 10% of units must have accessibility features that meet California Building Code standards.
• Common areas (lobbies, laundry rooms, mailrooms, paths) must be accessible to people with disabilities.

Requesting Accommodations or Reporting Non-Compliance

If you need accessible features or your apartment does not meet accessibility standards, you have the right to request reasonable accommodations or modifications.

• You can request, in writing, to have features added, such as ramps or grab bars.
• Landlords must consider these requests in a timely manner.
• If a landlord refuses, or if a new unit is not properly accessible, you can file a formal complaint.

Before making changes yourself, check with the landlord and understand your rights under California law. Document all communications for your records.

Official Forms Renters May Need

• Reasonable Accommodation Request Form (No official state-wide number)
  Use this form to ask your landlord for changes or services needed because of a disability (e.g., installing grab bars).
  Find example forms and instructions from the California Civil Rights Department Housing Resources.
• Housing Discrimination Complaint (DFEH-902-186)
  If a landlord denies your accommodation or a new unit is not accessible, file a complaint with the California Civil Rights Department using form DFEH-902-186 online or download from their site.

These forms help protect your rights and document any issues with rental accessibility or accommodations.

Who Oversees Tenant Rights in California?

The main state agency is the California Civil Rights Department (CRD). This agency investigates discrimination and enforces fair housing laws. While California does not have a single "residential tenancy tribunal," civil disputes may be handled in California Superior Court.

FAQ: Accessible Unit Requirements in California Rentals

1. What should I do if my new apartment isn’t accessible?
   First, request in writing that your landlord make necessary modifications. If they refuse, you can file a complaint with the California Civil Rights Department.
2. Are landlords required to build new accessible units in every apartment building?
   Yes, in California, most new buildings with four or more rental units must include a percentage of fully accessible units and common areas.
3. Can I make my own modifications to a rental unit?
   With landlord permission, you may make reasonable modifications at your own expense, unless your rental receives federal funding, which may shift the cost to the landlord.
4. Is there a deadline for buildings to meet these requirements?
   Yes, all new construction after March 13, 1991, must meet these state and federal standards.
5. Where can I file a housing discrimination complaint in California?
   You can file online with the California Civil Rights Department or by mail using their official forms.

Key Takeaways for Renters Seeking Accessible Units

• California and federal law require accessible rental housing features in new construction
• You can request reasonable modifications and file complaints if your access needs are not met
• Use official resources and forms linked above for help securing your rights

Knowing your rights makes it easier to ensure your new apartment meets your access needs and helps you take action if standards are not followed.

Need Help? Resources for Renters

• California Civil Rights Department (CRD) – Housing Discrimination and Accommodation Inquiries
• California CRD Housing Resources – Forms, guides, and complaint process
• California Courts Self-Help: Housing – Information on tenant rights and legal actions
• U.S. HUD Fair Housing and Equal Opportunity – Federal accessibility standards

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1. Americans with Disabilities Act (ADA)
2. Federal Fair Housing Act
3. California Building Code
4. California Civil Code Section 54 and Section 1940.9
5. California Civil Rights Department
6. DFEH-902-186 Complaint Form

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