Accessible Unit Laws for New Rentals in Hawaii

Finding a rental that fits your needs is especially important for tenants with disabilities in Hawaii. New construction rental buildings have clear requirements under state and federal law designed to make housing accessible. This article explains your rights as a renter, what landlords must do, and how you can request a reasonable accommodation if needed.

Understanding Accessible Unit Requirements in Hawaii

Hawaii follows both the federal Fair Housing Act (FHA) and state regulations to ensure new multifamily rental properties provide accessible units for tenants with disabilities. These laws are meant to help everyone have safe, comfortable, and equal access to housing.

Which buildings must comply?

• New residential buildings in Hawaii with four or more units built after March 13, 1991.
• Buildings with elevators must make all units and common areas accessible.
• Ground-floor units in buildings without elevators must be accessible.

These rules ensure renters who use wheelchairs or have other mobility limitations have options when searching for a home.

What makes a unit accessible?

Hawaii law and the FHA set out features that accessible rental units and common areas must include:

• No steps or thresholds at the entrance and routes into the unit
• Doors and hallways wide enough for wheelchairs (at least 32 inches clear width)
• Accessible light switches, outlets, thermostats, and controls
• Reinforced bathroom walls for grab bars
• Usable kitchens and bathrooms with space for a wheelchair to maneuver

For the complete standards, see the HUD accessibility requirements for housing and the Hawaii Discrimination in Real Property Transactions law.¹

Your Right to Request Reasonable Accommodation

Even if a unit is not already fully accessible, Hawaii and federal laws require landlords to make "reasonable accommodations" for renters with disabilities. This could mean allowing service animals, permitting modifications (like grab bars), or making policy exceptions.

Renters may request accommodation at any stage: during application, move-in, or tenancy. Landlords cannot charge extra fees for accessibility-related changes but may require restoration at move-out if the modification is not standard.

How to Make a Formal Accommodation Request

You can make a request verbally or in writing. For clarity, consider using a form or letter. Hawaii offers a Sample Reasonable Accommodation Request Letter as a guide (no formal state form/number is currently required; landlords may have their own process).

Example: Jane needs grab bars installed in her shower. She may write to her landlord, using the sample letter, explaining her request and why it is medically necessary. The landlord may require verification of the need.

Enforcement and Filing Complaints

The Hawaii Civil Rights Commission (HCRC) manages discrimination complaints for renters, including issues with accessibility and disability accommodations. Federal complaints may be filed with the U.S. Department of Housing and Urban Development.

Filing a Complaint: Official Forms

• HCRC Discrimination Intake Questionnaire:
  HCRC Intake Questionnaire (PDF)
  Use this form to start a complaint about housing discrimination, including denial of an accessible unit or reasonable accommodation. Complete the form and submit it to the HCRC following the instructions provided.

For full complaint procedures, read "How to File a Complaint" at the HCRC Official Page.²

FAQ: Renters' Common Questions About Accessibility

1. Are all new apartment buildings in Hawaii required to have accessible units?
   New buildings with four or more units, built after March 13, 1991, must provide accessible units and features as defined by law.
2. Can I request modifications in my unit for a disability?
   Yes. You have the right to request reasonable modifications at your own expense, with landlord approval. They must respond promptly and cannot refuse a reasonable request.
3. Does the landlord have to pay for accessibility changes?
   Landlords generally pay for accessibility features in common areas and in situations where required by law. Modifications inside your unit for your specific needs may require you to cover costs, unless it's federally funded housing.
4. Where can I report a violation or denial of my rights?
   You can submit a complaint to the Hawaii Civil Rights Commission using the HCRC Intake Questionnaire, or with HUD for federal cases.
5. What happens after I file a discrimination complaint?
   The HCRC or HUD will investigate your claim, notify your landlord, and may arrange mediation or a hearing to resolve the issue.

Key Takeaways for Hawaii Renters

• New rental buildings in Hawaii must provide accessible units as outlined by state and federal law.
• You have the clear right to request disability accommodations at any time without penalty.
• Help is available through the Hawaii Civil Rights Commission if your rights are denied.

Staying informed about accessible unit requirements and your options helps ensure your home meets your needs.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC): Official agency for housing discrimination issues, accommodations, and complaints.
• Hawaii Landlord-Tenant Information Center: General help and resources for renters' rights and landlord obligations.
• HUD Fair Housing Complaint Portal: File federal fair housing complaints online.
• Hawaii Developmental Disabilities Division: Advocacy and support for residents with disabilities.
• Hawaii Revised Statutes §515 (Discrimination in Real Property Transactions): Official state law covering fair housing.

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1. Hawaii Revised Statutes §515 (Discrimination in Real Property Transactions)
2. HCRC Official Complaint Filing Procedures

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