Idaho Law: Accessible Apartments in New Construction Explained

If you’re a renter in Idaho looking for accessible housing, new buildings have special requirements to ensure fair access for people with disabilities. Understanding these requirements can help you know your rights and request changes if needed.

What Does “Accessible Unit” Mean in Idaho?

An accessible unit is an apartment or rental space designed so people with physical disabilities (such as wheelchair users) can enter, move around, and use major features like kitchens and bathrooms. These features are required by federal law in many new apartment buildings.

Which Laws Set Accessibility Rules?

• Americans with Disabilities Act (ADA)
• Fair Housing Act (FHA)
• Idaho Administrative Code: Rules Governing Fair Housing

While the ADA applies mainly to public spaces, the FHA covers most residential rental properties built for first occupancy since March 13, 1991.^[1][2]

Idaho Requirements for Accessible Units in New Construction

Federal law outlines the minimum standards Idaho landlords and builders must follow when constructing new apartment complexes with four or more units:

• All ground-floor units in non-elevator buildings must meet seven design requirements for accessibility.
• In buildings with an elevator, all units must be accessible.
• Each apartment must have accessible entrances, usable doors, environmental controls (thermostats, light switches) within reach range, accessible common areas, and kitchens/bathrooms usable by people in wheelchairs.

These make it easier for renters with mobility needs to live comfortably and safely.

When Do These Rules Apply?

• Rental properties built for first occupancy after March 13, 1991
• Buildings with four or more units (apartments, condos, some townhouses)

Older buildings may not automatically be required to comply unless significant renovations are made. However, you can still request reasonable accommodations under federal law.

Requesting Reasonable Accommodations and Modifications

If your needs aren’t met, you have the right to request reasonable accommodations. For example, you may ask for permission to install grab bars, ramps, or other changes at your own expense if not already provided.

How to Report Accessibility Issues in Idaho Rentals

If your landlord refuses to accommodate or you believe your rights have been violated, you can file a housing discrimination complaint with: Idaho Human Rights Commission (IHRC).

Relevant Official Forms

• IHRC Housing Discrimination Complaint Form: Used to report violations of fair housing or discrimination in Idaho. Fill out and submit if denied required accessibility or accommodations. View and Download the Fair Housing Complaint Form (PDF)

Example: If you use a wheelchair and a new apartment complex refuses a ramp request, you would complete this form and submit it to the IHRC by mail or online.

Who Handles Tenancy Disputes?

Disputes about housing accessibility or discrimination are overseen by the Idaho Human Rights Commission. For landlord-tenant general disputes (non-discrimination), Idaho courts may become involved.

For more on state laws governing landlords and tenants, check the Idaho Statutes – Chapter 3, Forcible Entry and Unlawful Detainer.

FAQ: Accessible Units in New Construction—Idaho Renters

1. Who qualifies for an accessible rental unit in Idaho? Anyone with a disability that affects mobility or daily living may qualify. You may be asked to provide verification of your need for accessibility features, but a landlord cannot ask for your medical details.
2. What should I do if my landlord refuses to make my unit accessible? You can request the accommodation in writing. If denied, file a complaint with the Idaho Human Rights Commission.
3. Are older apartment buildings in Idaho required to make accessibility upgrades? Not automatically. However, renters can still request reasonable modifications, and landlords cannot refuse without valid reasons.
4. Does Idaho have its own accessible housing law, or just federal? Idaho applies both federal Fair Housing Act rules and its state rules on fair housing (IDAPA 07.03.08).
5. How quickly does a landlord need to respond to a request for accommodation? Promptly, usually within a reasonable timeframe. Delays or refusals may be considered discrimination under Idaho and federal law.

Key Takeaways for Idaho Renters

• New buildings with four or more units must include accessible apartments and features
• You have the right to request reasonable accommodations or modifications for your disability
• Use the official IHRC complaint form if your rights are denied

Knowing your rights makes it easier to advocate for an accessible home in Idaho.

Need Help? Resources for Renters

• Idaho Human Rights Commission – Fair Housing Information (complaint guidance and forms, 208-334-2873)
• U.S. Department of Housing and Urban Development: Fair Housing for People with Disabilities
• ADA.gov – Information on the Americans with Disabilities Act

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1. "Fair Housing Act Accessibility Requirements." U.S. Department of Housing and Urban Development (HUD)
2. "Idaho Administrative Code: Rules Governing Fair Housing (IDAPA 07.03.08)." State of Idaho
3. "Idaho Statutes – Chapter 3, Forcible Entry and Unlawful Detainer." legislature.idaho.gov
4. "How to File a Complaint." Idaho Human Rights Commission

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