Florida New Construction: Accessible Unit Requirements for Renters

Finding an apartment that meets accessibility needs is crucial for many renters in Florida. If you're moving into a newly built rental building, both federal and Florida laws require certain units and shared spaces to be accessible to renters with disabilities. This guide explains the key requirements and how to protect your rights under Florida's accessibility and housing regulations.

Which New Rental Buildings Must Be Accessible?

In Florida, new multi-family rental buildings must comply with both the federal Fair Housing Act and the Americans with Disabilities Act (ADA). Florida law also mirrors these federal requirements. Buildings are covered if they:

• Have four or more units
• Were first occupied after March 13, 1991
• Have rental apartments on an accessible route (usually with elevator access for buildings with more than three stories)

Both ground floor units in walk-up buildings and all units in elevator buildings must offer specific accessibility features for residents with disabilities.

What Accessibility Features Are Required in New Units?

New construction must meet seven key accessibility requirements in designated units and common areas¹:

• Accessible building entrance on an accessible route
• Accessible and usable public and common-use areas (lobby, laundry, mailboxes, etc.)
• Doors wide enough to allow wheelchair passage
• Accessible routes into and through the dwelling
• Light switches, outlets, and environmental controls at accessible heights
• Reinforced bathroom walls for later installation of grab bars
• Kitchens and bathrooms usable by wheelchair users

Developers must also make "reasonable accommodations" in rules and policies and provide "reasonable modifications" to units if needed by the renter, as required by the Fair Housing Act.

How to Request an Accessible Apartment or Modifications

If you need an accessible unit or modifications to your home due to a disability, you have the right to request them. Here’s how Florida renters can take action:

Requesting Reasonable Accommodations

• Submit a written request to your landlord, explaining your disability-related need and the specific accommodation (such as moving to an accessible unit or installing grab bars).
• No official Florida-specific form number is required, but you can use the HUD Sample Reasonable Accommodation Request Form.
• Your landlord must respond promptly. They can only deny if the request is unreasonable (very expensive or changes the property’s nature).

Florida Commission on Human Relations Complaint Form

• Form Name: Housing Discrimination Complaint Form
• When to Use: If your landlord refuses to make reasonable accommodations or provide access to an accessible unit, use this form to file a complaint.
• Access the official filing process online at the Florida Commission on Human Relations.

Who Regulates Tenant-Landlord and Accessibility Issues in Florida?

Complaints about accessible housing and discrimination are handled by the Florida Commission on Human Relations (FCHR). For most rental disputes, the tenancy legislation is called the Florida Residential Landlord and Tenant Act.²

What Forms Should Florida Renters Know?

• Housing Discrimination Complaint Form (FCHR)
  This is for reporting rental discrimination linked to disability or accessible housing. Use when your landlord refuses to accommodate or denies you an accessible unit.
  File directly with the Florida Commission on Human Relations.
• Reasonable Accommodation Request Letter
  This asks your landlord for an accommodation or accessible modification. While there’s no official Florida state form, the HUD sample template is accepted.

Always keep a copy of your submissions and a record of your communication with your landlord or property manager.

FAQ: Florida Renters and Accessibility in New Construction

1. Do all new apartment buildings in Florida have to offer accessible units?
   Any new rental building with four or more units, especially those with elevators, must offer units and common areas that meet accessibility standards. Smaller buildings may have different requirements, especially if they’re not on accessible routes.
2. What can I do if my landlord denies my accommodation request?
   You can file a discrimination complaint with the Florida Commission on Human Relations. Keep all documentation from your request for evidence.
3. Are landlords required to pay for modifications, like ramps or grab bars?
   In most cases, renters pay for permanent physical modifications, but landlords must allow them. Landlords may be responsible for ‘reasonable accommodations’ related to rules, services, or policies.
4. Can I use the federal HUD accommodation request letter in Florida?
   Yes. While there’s no state-branded form, Florida accepts the federal HUD sample form for requesting housing accommodations.
5. What law protects my rights to an accessible rental unit in Florida?
   Your right to accessible rental housing is protected by the Fair Housing Act, Americans with Disabilities Act, and the Florida Residential Landlord and Tenant Act.

Key Takeaways for Florida Renters

• Most new rental buildings in Florida are legally required to provide accessible units and common areas.
• You have the right to request reasonable accommodations or modifications from your landlord.
• If denied, file a complaint with the Florida Commission on Human Relations using the official forms.

Need Help? Resources for Renters

• Florida Commission on Human Relations (FCHR) – Investigates housing discrimination, including lack of accessible housing.
• U.S. Department of Justice, Fair Housing Act – Federal housing rights and complaint process.
• Sample HUD Reasonable Accommodation Request Form (PDF)
• Florida Residential Landlord and Tenant Act – Current Text

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1. See Fair Housing Act Accessibility Requirements/Florida Housing Accessibility Guidance
2. Florida Commission on Human Relations (FCHR) and Florida Residential Landlord and Tenant Act

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